Queensland Numbered Acts

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LAND VALUATION ACT 2010 No. 39 - SECT 53

53 Valuer-general's power

(1) The valuer-general may declare that a separate valuation, from the rest of a lot, will be made for a stated part of the lot (a separation declaration).

Note--
See also chapter 5 (Internal and external reviews).

(2) However, a separation declaration may be made only if--

(a) either--
(i) it is possible to lawfully subdivide the stated part from the rest of the lot; or
(ii) the valuer-general considers the stated part is used for a communications facility, including, for example, a communications tower; and
(b) the valuer-general considers circumstances relating to the value of the part make a separate valuation of it appropriate.
Example of circumstances for subsection (2)(b)--
1 A building on the part is occupied separately, or adapted to being occupied separately, from the rest of the lot.
2 The part is used, or is suitable to be used, for a purpose different from the purpose for which the rest of the lot is used, or is suitable to be used.
Note--
The effect of the declaration is that the part becomes a parcel itself--see the schedule, definition parcel, paragraph (b).

(3) This section applies to leased land if the lease is--

(a) from any of the following of land leased, by the following, from the State--
(i) a local government;
(ii) a department;
(iii) an entity representing the State; or
(b) from a GOC of land leased by the GOC from--
(i) the State; or
(ii) a lessee of the State.

(4) Otherwise, this section does not apply to land leased from the State.

(5) The part that is the subject of the declaration is a declared parcel.

(6) To remove any doubt, it is declared that subsection (2)(a) does not require that a subdivision has been sought or made for the stated part.



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