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Valuation of Land Act 1960
22Application to VCAT for review
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22 Application to VCAT for review
(1) An objector who is dissatisfied with the decision of a valuer or the valuer-general on the objection may apply to VCAT for review of the decision.
S. 22(2) amended by Nos 94/2009 s. 28(1), 50/2024 s. 88(a).
(2) If the valuer has not given an objector notice of a decision on the objection or a copy of a recommendation under section 21(3)(b)(ii) within 4 months after the objection was referred to the valuer-general under section 21(2) or forwarded to the valuer-general under section 16(6B), the valuer is deemed to have made a decision that no adjustment in the valuation is justified.
(3) If the valuer-general has not given an objector notice of a decision under section 21(5) within 2 months after a copy of a recommendation was given to the objector under section 21(3)(b)(ii), the valuer-general is deemed to have made a decision disallowing the recommended adjustment.
(4) An application under this section must be made—
S. 22(4)(a) amended by Nos 94/2009 s. 28(1), 50/2024 s. 88(b).
(a) in the case of an application in respect
of a deemed decision referred to in subsection (2)—within 9 months after the date on which the objection was lodged;
(b) in the case of an application in respect
of a deemed decision referred to in subsection (3)—at any time after the end of the 2 month period referred to in that subsection;
(c) in any other case—within 30 days after the date notice of the decision is given to the objector.
S. 22(5) amended by Nos 94/2009 s. 28(1), 50/2024 s. 88(c).
(5) An applicant under this section must serve a copy of the application on the valuer‑general.
S. 22(6) amended by Nos 22/2006 s. 7, 94/2009 s. 28(1), 50/2024 s. 88(c).
(6) The valuer‑general must, within 1 month after being served with a copy of the application, forward to the principal registrar of VCAT the notice of objection, copies of any notices given under section 21 in connection with the objection and any information given or submissions lodged under section 20 in connection with the objection.
(7) The principal registrar of VCAT must notify the valuer-general of an application under this section.
S. 22(8) substituted by No. 94/2009 s. 28(2), amended by No. 50/2024 s. 88(d).
(8) Despite subsection (2), the valuer may give the objector notice of a decision on the objection or a copy of a recommendation under section 21(3)(b)(ii) more than 4 months after the objection was lodged.
S. 22(9) inserted by No. 94/2009 s. 28(2).
(9) Despite subsection (3), the valuer-general may give an objector notice of a decision under section 21(5) more than 2 months after a copy of a recommendation was given to the objector under section 21(3)(b)(ii).
S. 23 substituted by No. 22/2006 s. 16.