23Mixed use land

23 Mixed use land

23 Mixed use land

(1) The Chief Commissioner may approve parts of land being treated as if they were separate lots (deemed lots) for the purposes of this Act.

(2) An included owner of land may apply to the Chief Commissioner to have parts of the land treated as deemed lots if the parts have different classes of land use.

Example—

a residential flat building in which 1 flat is owner-occupied and the rest are leased out by the owner

(3) The Chief Commissioner may approve the application if the Chief Commissioner is satisfied each deemed lot is identifiable using—

(a) an apportionment factor recorded in the Register of Land Values for the land, or

(b) if no apportionment factor is recorded in the Register of Land Values for the land—an apportionment factor approved for the land by the Chief Commissioner taking into account—

(i) the floor space or land area used for each class of land use, and

(ii) other factors the Chief Commissioner considers relevant.

(4) If no apportionment factor is recorded in the Register of Land Values for the land—

(a) the Chief Commissioner may ask the Valuer-General to determine an apportionment factor for the land, and

(b) the Valuer-General must—

(i) determine the apportionment factor in accordance with the Valuation of Land Act 1916, Part 1B, Division 5 or 5A, and

(ii) record the apportionment factor in the Register of Land Values.