Planning and Environment List
(Land Valuation)
Administrative Division

Review of Decision – Valuation of Land

Making an application

Information that must accompany your application

You must include the following material with your application form:

·  Details of the Act and the section of the Act under which the application is made
·  Copy of the notice of decision by the Valuation Authority, or if a deemed decision, a copy of the objection lodged
·  Details of the land
·  Details of the decision for review

If your application is incomplete and you do not include all the material and information required, plus payment of the fee, your application may be rejected or struck out.

What will happen after you lodge your application for review?

After you lodge your application for review, the Tribunal may allocate a preliminary directions hearing or list the matter for a compulsory conference. In some cases, the Tribunal may also allocate a hearing date to hear the application with or without a compulsory conference.

The Tribunal will issue an initiating order setting out the dates with the relevant listings (that is, listing of direction hearings, compulsory conference, hearing as applicable) and giving directions about steps that you and other parties to the proceeding must comply with. The initiating order will set dates by which each step must be completed. Your application will not progress until your application is complete.

The Tribunal relies on the accuracy of the information you provide with your application to calculate the length of time required for relevant listings including, where applicable, a hearing. If you believe that time allocated is insufficient or too much, please advise the Tribunal in writing as soon as possible after receiving the initiating order.

Planning and Environment List
(Land Valuation)
Administrative Division
VCAT Reference Number (Office Use Only) / P /

Name of Applicant(s)

Full Name

Address and Contact Details of Applicant(s)

All correspondence will be sent to the applicant(s) at this address or email, unless the ‘Details of Representative’ section is completed, in which case all correspondence will be sent to the representative address or email. Complete only one section. DO NOT COMPLETE BOTH SECTIONS. Address for service must be a Victorian address – VCAT Rules 2008 Order 4.08.

Address for service

Business phone / After hours phone
Mobile / Fax number
Email

Details of Representative (Applicant)

Name/Firm
Reference Number/ Contact person

Address for service

Business phone / After hours phone
Mobile / Fax number
Email

Name of Valuation Authority

The Valuation Authority will normally be the Council or Valuer-General responsible for making the assessment of the valuation of the land or that has caused the valuation to be made that you are seeking to review.

Name

Address and Contact Details of Valuation Authority

All correspondence will be sent to the valuation authority at this address or email, unless the ‘Details of Representative’ section is completed, in which case all correspondence will be sent to the representative address or email. Complete only one section. DO NOT COMPLETE BOTH SECTIONS. Address for service must be a Victorian address – VCAT Rules 2008 Order 4.08.

Address for service

Business phone / After hours phone
Mobile / Fax number
Email

Details of Representative (Valuation Authority)

Name/Firm
Reference Number/ Contact person

Address for service

Business phone / After hours phone
Mobile / Fax number
Email

Statutory basis of the application

Please tick in which category you are making this application. If you are not seeking to review a decision in one of the following categories, do not use this form.

What are you requesting VCAT to review?

¨  Under section 22 of the Valuation of Land Act 1960, in relation to the decision of a valuer or the Valuer-General on an objection to the valuation of the land by a valuation authority (or referred to the valuation authority by a rating authority).

(Note: One application form is required to be filled in per assessment, unless section 2(3) Valuation of Land Act 1960 applies.

¨  Under section 266(6) of the Water Act 1989 in relation to the calculation factor or apportionment of a valuation equalisation factor or the fixing of differential fees imposed under a tariff that are based on valuation.

¨  Under section 19(4) of the Subdivision Act 1988 in the relation to an objection on the valuation of the land for public open space.


The date of the decision was:

/ /

Note that time limits apply to the making of applications.

Deemed Decisions

(Note: A deemed decision is when a notice of decision is not issued within the required timeframes).

Is this a deemed decision under Section 22 (4) (a) or (b) of the Valuation of Land Act 1960?

¨  Yes

¨  No

If Yes, please provide the date the objection was lodged with the valuation authority:

/ /

Note that time limits apply to the making of applications.

Information about the land to which the valuation applies

If there is no conventional address (street number, street and locality) insert a land description:

• Certificate of Title volume and folio;

• Lot and lodged plan number;

• Crown allotment; or

• Section number /Township/Parish.

Property Address of the land

Description of the land (Lot and plan number)

For what purpose is the land primarily used? (e.g. residential, rural, retail, industrial etc.)

Rateable or Non-Rateable Leviable Land

Is the property rateable land or non-rateable leviable land?

¨  Rateable Land.

¨  Non Rateable Leviable Land

Valuation Apportionment

Does the valuation by the valuation authority represent the entire property or does the valuation represent a portion of a parcel of land? That is, has the valuation been carried out in accordance with Section 2(3) of the Valuation of Land Act 1960?

¨  Single landholding and valuation represents the entire property.

¨  The valuation has been apportioned in accordance with Section 2(3) Valuation of Land Act 1960.

What is your interest in the land?

Please tick in which category you are making this application. More than one box may be ticked, if relevant

¨  Owner of the land

¨  Occupier of the land

¨  Other (specify)

If you are not the owner, who owns the land?

Name

Address

If you are not the occupier, who occupies the land?

Name

Address

Details of the decision for review

The information in this section should be completed in full for all applications under section 22 of the Valuation of Land Act 1960. For other applications, complete as relevant.

What is the valuation of the land by the valuation authority? (all values must be provided)

$
$
$

Site Value

Capital Improved Value

Net Annual Value

Which valuations of the land by the valuation authority do you object to? Please be aware that you can only appeal the values that you have previously objected to, as stated in the Notice of Decision.

¨ Site Value

¨  Capital Improved Value

¨  Net Annual Value

What is the date of the valuation to which this application applies (relevant date).

/ /

Has an objection to the valuation been previously lodged within the past 12 months?

¨  Yes

¨  No

What are the grounds for the application for review?

Include here the reasons why you are making the application. More than one ground may be included if relevant.

1. / ¨  / That the value assigned to the land is too high or too low?
If you have selected this option, please proceed to number 4.
2. / ¨  / That the Australian Valuation Property Classification Code (AVPCC) allocated to the land is incorrect.
If you have selected this option please proceed to number 5.
3. / ¨  / Other grounds:
If you have selected this option please proceed to number 6.

4.  a) If a ground of your application is that the value assigned to the land

is too high or too low, what do you contend is the correct value?

Note: For applications under section 22 of the Valuation of Land Act 1960, this information is required by section 24(2) of that Act. Your application will not be processed if you rely on this ground and this information is not provided.

Site Value / $
Capital Improved Value / $
Net Annual Value / $

b)  Is your contention of the correct value based on the professional opinion of a valuer or other expert witness?

¨  Yes

¨  No

If yes, please include the name and address of the valuer or other expert witness.

Name of valuer or other expert witness

Address

5.  a) What is the AVPCC code allocated by the Valuation Authority?______

b) What do you contend that the AVPCC should be? ______

c) Please provide an outline of the reason as to why you believe the AVPCC code is incorrect, further information can be appended to this application if required.

6.  Further grounds can be attached if necessary

Statement of facts

Set out a short statement of facts you rely on to support your application.

Attach a separate sheet if necessary.

Attachments

Attach the following documents to this application. Tick and reference the attachments provided. Attach a separate schedule of attachments if necessary.

¨ A copy of the relevant valuation assessment or rates notice / Ref. No.
¨ A copy of the objection lodged with the valuation authority (or the rating authority that gave notice of the valuation) / Ref. No.
¨ A copy of the decision on the objection / Ref. No.
¨ Other attachments (if relevant) / Ref. No.
¨ / Ref. No.

Hearing time and complexity

Estimate the time it will take you to present your complete case at the hearing (submissions plus witnesses) and the number of expert witnesses you intend to call, if any.

Time to make submissions & present evidence / Hours / Minutes
Number of witnesses / Expertise
See VCAT’s Practice Note PNVCAT2 – Expert Evidence for information about the obligations of expert witnesses and what must be included in the report of an expert witness.

Are you requesting a directions hearing?

¨ Yes ¨ No

If yes, reason(s) required for a directions hearing?

Acknowledgement

I acknowledge that:

·  To the best of my knowledge, all information provided in this application is true and correct and that no details relevant to the application have been left out.

·  I approve the information that has been provided.

·  It is an offence under section 136 of the Victorian Civil and Administrative Tribunal Act 1998 to knowingly give false or misleading information to VCAT.

Category of person completing this application:

¨ Applicant in person / ¨ Authorised Representative
Name and position (print)
Date

Checklist

Before you lodge this application, make sure that:

¨  You have filled out and dated the acknowledgement.

¨  You have completed all details and responded to all questions.

¨  All documents regarding fees (e.g. fee waiver documents, credit card form or cheque) are supplied with your application.

¨  You have attached and properly referenced all of the attachments listed in this form.

Fees

You must pay the relevant application fee at the same time you lodge this form. Fees may change each year. To find out about the current fee, visit the VCAT website www.vcat.vic.gov.au or call VCAT on 9628 9777.

There are grounds for waiving application fees in the case of financial hardship.
Applications for waiving fees can be made to the Principal Registrar VCAT.

Application Fee / $

Fees can be paid via money order, cheque, cash or credit card.

Money orders and cheques are to be made payable to ‘VCAT’. Cash payments will only be accepted if you are delivering this application in person to VCAT. Do not send cash in the mail. If faxing the application, you can only pay by credit card.

If you wish to pay the fee by credit card, please fill in the details on the last page.

Payment by Credit Card

If paying by credit card, fill in the details here.

¨ Visa / ¨ Mastercard / ¨ Bankcard / ¨ Amex
Amount / ($)
Name on Card
Card Number
Expiry date
Signature

Lodgement and Contact Information

Lodge this completed form, any attachments and the applicable fee by:

Email to: /
Mail to: / The Principal Registrar
VCAT
Planning and Environment List (Land Valuation)
GPO Box 5408
MELBOURNE VIC 3001
DX delivery to: / The Principal Registrar
VCAT
Planning and Environment List (Land Valuation)
DX 210576
MELBOURNE VIC
Deliver in person during office hours to: / The Principal Registrar
VCAT
Planning and Environment List (Land Valuation)
Ground Floor, 55 King Street
MELBOURNE VIC 3001
Office Hours: Monday to Friday from 9:00am to 4:30pm
Fax to: / The Principal Registrar
VCAT
Planning and Environment List (Land Valuation)
Fax Number: 9628 9789

Victorian Civil and Administrative Tribunal (VCAT) Page 10