QLDIn ForceAct
Land Valuation Act 2010
sec.53Valuer-general’s power
Start here
Get a plain-English read of sec.53
Turn the raw legal text into a practical explanation grounded in Land Valuation Act 2010.
### sec.53 Valuer-general’s power
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 ).
See also chapter 5 (Internal and external reviews).
However, a separation declaration may be made only if—
it is possible to lawfully subdivide the stated part from the rest of the lot; and
the valuer-general considers circumstances relating to the value of the part make a separate valuation of it appropriate.
A building on the part is occupied separately, or adapted to being occupied separately, from the rest of the lot.
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.
The effect of the declaration is that the part becomes a parcel itself—see the schedule, definition parcel , paragraph (b) .
This section applies to leased land if the lease is—
from any of the following of land leased, by the following, from the State—
a local government;
a department;
an entity representing the State; or
from a GOC or rail government entity, of land leased by the GOC or rail government entity from—
the State; or
a lessee of the State.
Otherwise, this section does not apply to land leased from the State.
The part that is the subject of the declaration is a declared parcel .
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.
s 53 amd 2013 No. 19 s 120 sch 1 ; 2019 No. 17 s 64
(sec.53-ssec.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 ). See also chapter 5 (Internal and external reviews).
(sec.53-ssec.2) However, a separation declaration may be made only if— it is possible to lawfully subdivide the stated part from the rest of the lot; and the valuer-general considers circumstances relating to the value of the part make a separate valuation of it appropriate. A building on the part is occupied separately, or adapted to being occupied separately, from the rest of the lot. 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. The effect of the declaration is that the part becomes a parcel itself—see the schedule, definition parcel , paragraph (b) .
(sec.53-ssec.3) This section applies to leased land if the lease is— from any of the following of land leased, by the following, from the State— a local government; a department; an entity representing the State; or from a GOC or rail government entity, of land leased by the GOC or rail government entity from— the State; or a lessee of the State.
(sec.53-ssec.4) Otherwise, this section does not apply to land leased from the State.
(sec.53-ssec.5) The part that is the subject of the declaration is a declared parcel .
(sec.53-ssec.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.
- (a) it is possible to lawfully subdivide the stated part from the rest of the lot; 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.
- 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.
- 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.
- (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
- (i) a local government;
- (ii) a department;
- (iii) an entity representing the State; or
- (b) from a GOC or rail government entity, of land leased by the GOC or rail government entity from— (i) the State; or (ii) a lessee of the State.
- (i) the State; or
- (ii) a lessee of the State.
- (i) a local government;
- (ii) a department;
- (iii) an entity representing the State; or
- (i) the State; or
- (ii) a lessee of the State.