South Australia
Valuation of Land Regulations 1991
under the Valuation of Land Act 1971

Contents
1	Short title
4	Interpretation
5	Land to be treated as forming part of the State Heritage
5A	Certain notices not to constitute notice of valuation unless objection period specified
6	Panels of land valuers—manner and form of nomination for appointment
7	Review of valuation—manner and form of application
8	Review of valuation—selection of valuer to conduct review
9	Notice of sale or transfer of title to land—particulars and form
10	Fixtures and improvements not to be included in valuations
11	Prescribed fees and allowances
Schedule 1—Forms
Schedule 2—Fees and allowances
Legislative history

1—Short title
These regulations may be cited as the Valuation of Land Regulations 1991.
4—Interpretation
	(1)	In these regulations, unless the contrary intention appears—
the Act means the Valuation of Land Act 1971;
premises includes a part of premises.
	(2)	For the purposes of paragraph (c) of the definition of annual value in section 5(1) of the Act, the following machinery, plant and equipment are prescribed:
	(a)	all machinery, plant and equipment used exclusively or mainly for the heating, cooling or ventilating of premises or for protecting premises from fire;
	(b)	all elevators, lifts and escalators that are mainly or usually used in premises for the carrying of passengers and are fixed to the premises in such a manner as to be incapable of being removed without structural damage (other than minor or trivial structural damage) to the premises.
5—Land to be treated as forming part of the State Heritage
Pursuant to section 22B(6)(c) of the Act, land is to be treated as forming part of the State heritage for the purposes of section 22B of the Act if the land is an item listed in the register of City of Adelaide Heritage Items as set out from time to time in the Development Plan under the Development Act 1993 that relates to the area of The Corporation of the City of Adelaide.
5A—Certain notices not to constitute notice of valuation unless objection period specified
Pursuant to section 23(2) of the Act, an account, assessment or notice for rates, land tax or some other impost that contains particulars of a valuation does not constitute notice of the valuation for the purposes of section 23(1) unless the document contains the following statement:
You may object to the valuation referred to in this notice by writing served personally or by post on the Valuer-General within 60 days after the date of service of this notice.
BUT NOTE:
	(a)	if you have previously received a notice or notices under the [here state the Act or Acts under which this account, assessment or notice is served] referring to the valuation and informing you of a 60-day objection period, the objection period is 60 days after service of the first such notice;
	(b)	you may not object to the valuation if the Valuer-General has already considered an objection by you to that valuation.
6—Panels of land valuers—manner and form of nomination for appointment
	(1)	For the purposes of section 25A(4)(a) of the Act, a nomination for appointment to a panel of land valuers may not be made except on an application to the Real Estate Institute of South Australia Incorporated or the Australian Property Institute Incorporated by the land valuer seeking appointment.
	(2)	An application under subregulation (1) must be in writing and must set out—
	(a)	the applicant's full name and business address; and
	(b)	the applicant's qualifications and his or her experience generally; and
	(c)	the applicant's experience in valuing land in the region in relation to which the panel to which he or she is seeking appointment is established.
	(3)	A body to which an application for nomination under this regulation is made must, if satisfied that there is no reason why the applicant should not be nominated, nominate the applicant for appointment to the panel by completing the form set out in Form 1 of Schedule 1 and sending it to the Minister.
7—Review of valuation—manner and form of application
For the purposes of section 25B(2)(a) of the Act, an application for review of a valuation must be in the form set out in Form 2 of Schedule 1.
8—Review of valuation—selection of valuer to conduct review
	(1)	Pursuant to section 25B(4) of the Act, where due application for review of a valuation is made under section 25B of the Act, the valuer to conduct the review will be selected by the owner of the land the valuation of which is subject to the review.
	(2)	The Valuer-General must, for the purposes of subregulation (1), supply the owner with a list of the land valuers appointed to the appropriate panel.
	(3)	The owner must advise the Valuer-General by notice in writing of the valuer selected by the owner for the purposes of the review.
9—Notice of sale or transfer of title to land—particulars and form
For the purposes of section 29(1) of the Act—
	(a)	the particulars required in Form 3 of Schedule 1 are prescribed; and
	(b)	a notice under that section must be in that form.
10—Fixtures and improvements not to be included in valuations
	(1)	Pursuant to section 34(ab) of the Act, the following fixtures and improvements must not be taken into account in determining or assessing the annual value or capital value of land where the determination or assessment is to be used for the purpose of raising, levying or imposing any rate, tax or impost:
	(a)	any item of machinery, plant or equipment that is used in connection with a trade, business or manufactory and is not fixed to the land or premises or is fixed to the land or premises so as to be capable of being removed without structural damage (other than minor or trivial structural damage) to the land or premises;
	(b)	any main, pole, transformer, wire, pipe, machinery, plant or equipment that is used in connection with the generation and supply of electricity, the supply of gas or water or the provision of sewerage and is erected on land occupied by a public utility undertaking (whether or not an agency or instrumentality of the Crown) related to the supply or provision of such services;
	(c)	trees planted—
	(i)	for the primary purpose of—
	(A)	the commercial production of timber; or
	(B)	the prevention or amelioration of degradation of land; or
	(C)	the disposal of effluent; or
	(D)	the provision of a habitat for wildlife; or
	(ii)	for any two or more of the purposes specified in subparagraph (i).
	(2)	Despite subregulation (1), electricity generating plant, and substations for converting, transforming or controlling electricity, that—
	(a)	are used by a body specified by proclamation under clause 3(2) of Schedule 1 of the Electricity Corporations (Restructuring and Disposal) Act 1999; and
	(b)	are situated on land to which a proclamation under clause 3(3) of that Schedule applies,
are to be taken into account in determining or assessing the annual value or capital value of land for the purpose of raising, levying or imposing rates under the Local Government Act 1999.
11—Prescribed fees and allowances
The fees and allowances payable for the purposes of the Act are set out in Schedule 2.

Schedule 1—Forms

Schedule 2—Fees and allowances

1—Fees			
(1)	For a copy of the valuation roll containing valuations to be adopted for rating or taxing purposes (section 21 of the Act)—per $10 000 of capital value (even if the request under that section is made for rating or taxing purposes based on some other value)
However, if a fee payable by a council for the 2004/2005 or 2005/2006 financial years would, in a particular financial year, amount to an increase exceeding 10 per cent of the fee payable by that council under section 21 of the Act for the immediately preceding financial year, the fee payable by the council will be reduced so that the council only pays the fee payable by that council for that immediately preceding financial year plus 10 per cent.	18.15 cents	
(3)	On an application for review of a valuation (section 25B(2)(c) of the Act)—		
		•	of land used by the applicant solely as his or her principal place of residence	$73.00	
		•	of any other land	$180.00	
(4)	For a certified copy of, or extract from, any entry in a valuation roll	$27.50	
2—Allowances under section 25A(8) of the Act			
(1)	For a review of a valuation of land used by the applicant solely as his or her principal place of residence	$161.00	
(2)	For a review of a valuation of any other land	$197.00	

Legislative history
Notes
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Revocation of regulations
The Valuation of Land Regulations 1991 were revoked by Sch 3 cl 1 of the Valuation of Land Regulations 2005 on 29.8.2005.
Legislation revoked by principal regulations
The Valuation of Land Regulations 1991 revoked the following:
All regulations previously made under the Valuation of Land Act 1971
Principal regulations and variations
Year	No	Reference	Commencement	
1991	116	Gazette 27.6.1991 p2206	1.7.1991: r 2	
1993	32	Gazette 4.3.1993 p795	4.3.1993: r 2	
1993	100	Gazette 17.6.1993 p1978	1.7.1993: r 2	
1995	99	Gazette 10.5.1995 p2102	1.7.1995: r 2	
1996	139	Gazette 30.5.1996 p2812	1.7.1996: r 2	
1997	121	Gazette 13.5.1997 p1946	1.7.1997: r 2	
1998	98	Gazette 28.5.1998 p2393	1.7.1998: r 2	
1998	201	Gazette 26.11.1998 p1652	1.12.1998: r 2	
1999	99	Gazette 27.5.1999 p2900	1.7.1999: r 2	
2000	107	Gazette 25.5.2000 p2808	1.7.2000: r 2	
2000	229	Gazette 7.9.2000 p1771	7.9.2000: r 2	
2001	113	Gazette 31.5.2001 p2086	1.7.2001: r 2	
2002	103	Gazette 20.6.2002 p2615	1.7.2002: r 2	
2003	133	Gazette 29.5.2003 p2358	1.7.2003: r 2	
2003	147	Gazette 12.6.2003 p2500	12.6.2003: r 2	
2004	104	Gazette 27.5.2004 p1628	1.7.2004: r 2 	
2005	43	Gazette 26.5.2005 p1377	1.7.2005: r 2	
2005	126	Gazette 26.5.2005 p1607	26.5.2005: r 2	
Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
rr 2 and 3	omitted under the Legislation Revision and Publication Act 2002	1.7.2004	
r 5	varied by 201/1998 r 3	1.12.1998	
r 5A	inserted by 201/1998 r 4	1.12.1998	
r 6			
r 6(1)	varied by 201/1998 r 5	1.12.1998	
r 8			
r 8(2)	varied by 201/1998 r 6	1.12.1998	
r 10	varied by 32/1993 r 3	4.3.1993	
r 10(1)	r 10 varied and redesignated as r 10(1) by 229/2000 r 3(a), (b)	7.9.2000	
r 10(2)	inserted by 229/2000 r 3(b)	7.9.2000	
Sch 1	heading substituted by 147/2003 Sch 1	12.6.2003	
Sch 1			
Form 1	varied by 201/1998 r 7(a)—(e)	1.12.1998	
Form 2	varied by 201/1998 r 7(f)	1.12.1998	
Sch 2 before substitution by 99/1995	varied by 100/1993 r 3	1.7.1993	
Sch 2 before substitution by 99/1999	substituted by 99/1995 r 3	1.7.1995	
	substituted by 139/1996 r 3	1.7.1996	
	varied by 121/1997 r 3	1.7.1997	
	varied by 98/1998 r 3	1.7.1998	
Sch 2 before substitution by 104/2004	substituted by 99/1999 r 3	1.7.1999	
	substituted by 107/2000 r 3	1.7.2000	
	substituted by 113/2001 r 3	1.7.2001	
	substituted by 103/2002 r 3	1.7.2002	
	substituted by 133/2003 r 4	1.7.2003	
Sch 2	substituted by 104/2004 r 4	1.7.2004	
item 1			
item 1(1)	substituted by 126/2005 r 4	26.5.2005	
item 1(2)	deleted by 126/2005 r 4	26.5.2005	
item 1(3)	varied by 43/2005 r 4(1), (2)	1.7.2005	
item 1(4)	varied by 43/2005 r 4(3)	1.7.2005	
item 2(1)	varied by 43/2005 r 4(4)	1.7.2005	
item 2(2)	varied by 43/2005 r 4(5)	1.7.2005	
Transitional etc provisions associated with regulations or variations
No 32 of 1993
4—Transitional provision
The amendment made by these regulations does not apply in relation to a determination or assessment of annual or capital value made for the purpose of raising, levying or imposing any rate, tax or impost in respect of a financial year ending on or before 30 June 1993.
Historical versions
1.7.2004		
26.5.2005