Queensland Consolidated Acts

LAND VALUATION ACT 2010 - SECT 33

33 Land subject to particular rights

(1) This section applies to land to which any of the following (the
"right" ) applies, relates, is in force or to which the land is subject—

(a) a stock grazing permit under—

(i) the Forestry Act , section 35 ; or

(ii) the repealed National Parks and Wildlife Act 1975 , section 33 ; or

Note—

For the continuing effect of permits under that section, see the Nature Conservation Act 1992 , section 183 .

(iii) the Nature Conservation Act 1992 ;

(b) a Land Act tenure;

(c) a lease, licence, permit or permission to occupy granted or issued by the coordinator-general or the Forestry Act chief executive;

(d) a lease, licence or permit from SunWater or a water authority;

(e) a heritage agreement under the Queensland Heritage Act 1992 ;

(f) a heritage restriction under—

(i) a planning scheme; or

(ii) a temporary local planning instrument or planning scheme policy under the Planning Act ; or

(iii) a Commonwealth Act;

(g) a determination of native title or an indigenous land use agreement under the Native Title Act 1993 (Cwlth) .

(2) In deciding the value of the land—

(a) the right must be considered; and

(b) an allowance must be made for any limitation or restriction of use relating to the right.

(3) In making the allowance—

(a) the purpose and conditions of the right must be considered; and

(b) if the right is a lease, the term remaining on the lease is not a limitation or restriction of use relating to the right.

(4) In this section—

"SunWater" means the entity continued in existence under the Government Owned Corporations Regulation 2004 , section 34 .