South Australian Current Acts South Australian Current Acts (1) Subject to
subsection (2), a lessee who has applied for a review under
section 65(1)(a) and who is dissatisfied with the determination made, or
taken to have been made, on the review may apply to the Minister for a
valuation review in accordance with this section.
(2) No application for
a valuation review may be made under this section if the objection to the
valuation involves a question of law.
(3) An application for
a review under this section—
(a) must
be in writing; and
(b) must
be instituted—
(i)
if the review under section 65(1)(a) was not
determined within 28 days of the application being lodged with the
Minister—within 21 days after the day on which the Minister is to
be taken to have confirmed the determination the subject of that review; or
(ii)
in any other case—within 21 days after notice of
the determination on the review under section 65(1)(a) is given to the
applicant.
(4) On receipt of an
application under this section, the Minister must—
(a)
refer the application to the Valuer-General for the conduct of a valuation
review; or
(b)
constitute a Ministerial review panel in accordance with subsection (6)
and refer the application to the Ministerial review panel for the conduct of a
valuation review.
(5) The Minister must
not refer an application to the Valuer-General for the conduct of a valuation
review if the valuation to which the application relates was determined by the
Minister on the advice of the Valuer-General.
(6) A Ministerial
review panel constituted by the Minister for the purposes of this section must
consist of 3 members, appointed by the Minister, each of whom is a person who
lawfully carries on business as a land valuer (and none of whom provided
advice to the Minister in relation to the valuation to which the application
relates).
(7) The members of a
Ministerial review panel constituted by the Minister for the purposes of this
section are entitled to such allowances as may be determined by the Minister.
(8) A valuation review
may be conducted under this section in such manner as the reviewer thinks fit
(but the applicant must be afforded a reasonable opportunity to make
representations on the subject matter of the review either personally, by a
land valuer acting on behalf of the applicant or by any other representative).
(9) Subject to
subsection (10), the reviewer must, upon the determination of the review,
confirm, increase or decrease the valuation.
(10) The reviewer must
not make any alteration to a valuation under subsection (9) which has the
effect of increasing or decreasing the valuation by a proportion of one-tenth
or less.
(11) In this
section—
"reviewer" means—
(a) in
relation to a review being conducted by the Valuer-General—the
Valuer-General; or
(b) in
relation to a review being conducted by a Ministerial review panel constituted
by the Minister—the Ministerial review panel.