Queensland Numbered Acts

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VALUATION OF LAND AND OTHER LEGISLATION AMENDMENT ACT 2010 No. 7 - SECT 32

32 Replacement of s 45 (Appeal)

Section 45--

omit, insert--

'(1) An objector who has objected under section 42 against a valuation may, if dissatisfied with the decision of the chief executive on the objection, appeal to the Land Court against the decision.

'(2) However, an objector can not appeal if--

(a) the amount of the valuation sought in the objection was less than the valuation and the decision was to change the valuation to an amount that is equal to or less than that amount; or
(b) the amount of the valuation sought in the objection was more than the valuation and the decision was to change the valuation to that amount; or
(c) the objection is not a properly made objection; or
(d) the chief executive has not made a decision under section 43 on the objection.

'(3) An appeal may be started only by filing a notice of appeal in the Land Court registry.

'(4) However, other than under section 57, an appeal can not be filed after 42 days after the date of issue stated in the chief executive's decision on the objection.

'(5) The notice of appeal must state--

(a) the grounds of appeal; and
(b) the amount the appellant seeks for the valuation.

'(6) The stated grounds of appeal can only include grounds included in the objection.

Note--
For when the grounds in an objection may be amended, see section 43BD.

'(7) The appellant must serve a copy of the notice of appeal on the chief executive within 7 days after the filing of the notice of appeal.

'(8) Sections 57 to 68 and section 70 apply, with necessary changes, to an appeal under this section as if the appeal were an appeal under part 6A.'.



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