Queensland Consolidated Acts

LAND VALUATION ACT 2010 - SECT 164

164 Action by Land Court registrar

(1) This section applies if the Land Court registrar considers a valuation appeal notice is defective.

(2) If the defect is that the valuation appeal notice does not satisfy the valuation appeal requirements, the Land Court registrar must give the person who filed the notice a notice stating the way in which the valuation appeal notice does not satisfy the valuation appeal requirements.

Examples of reasons—

• because no objection decision has been made

• because of a circumstance mentioned in section 157 (2) or (3) (How to appeal)

(3) The Land Court registrar must give the appellant a requisition that—

(a) states the defect; and

(b) requires the appellant to fix it; and

(c) states that the appellant must fix it by filing an answer to the requisition within 28 days after the requisition is given.

(4) If the valuation appeal notice was filed after the appeal period ended, the requisition must be given with the notice by the Land Court registrar under section 158 (3) .

(5) Subject to section 165 , if the Land Court registrar considers an answer given fixes the defect, the answer is—

(a) to be read as one with the valuation appeal notice; and

(b) taken to have been filed with, and to have been part of, the valuation appeal notice when it was filed.

(6) If the Land Court registrar is not satisfied the answer fixes the defect, the Land Court can not hear or decide the appeal unless it is satisfied—

(a) the requisition need not have been given; or

(b) the answer did fix the defect.

(7) The Land Court registrar must give the valuer-general a copy of any requisition, answer or notice under subsection (2) .