WALGA has welcomed the Supreme Court of Western Australia’s decision that s6.26(2) Crown land, subject of a miscellaneous licence and is occupied, has been deemed rateable land for Local Governments according to the group’s president Karen Chappel AM JP.
“WALGA supports this important decision, noting a miscellaneous licence is often used for the development of significant infrastructure, and because of this, Justice Solomon determined, Local Government involvement is critical.
“This significant infrastructure includes, roads, water infrastructure, airports and minesite accommodation.
‘It is a more than reasonable expectation that mining companies have rates levied appropriately to support local communities, just as homeowners and other businesses do.
“Local Governments have a role to act upon the unique needs of their residents and to advocate for community benefits for these projects.”
Under the Local Government Act 1995, all land in Western Australia is rateable for the purpose of funding Local Government operations, unless an exemption applies.
Exemptions are broadly for the rating of charitable, benevolent, religious and public or civic purpose land use. An additional exemption is applied on small prospecting leases under 10ha and unoccupied miscellaneous licences.
Last year, the State Administrative Tribunal ruled in the matter of the Shire of Mount Magnet v Atlantic Vanadium Pty Ltd that Local Government rates may not be levied on land subject to a miscellaneous licence granted under the Mining Act 1978, irrespective of the nature of the occupation of that land by the tenement holder.
In his decision this week, Justice Marcus Solomon outlined he had taken a different view to the Tribunal and determined that Crown land, subject of a miscellaneous licence, was rateable for Local Governments.
