Published on:
Saturday, 2 August 2025
Key Points:
WALGA is deeply concerned by the State Government’s intent to legislate changes to rating of miscellaneous licenses on Crown Land, undermining a Supreme Court of Western Australia decision.
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.
However, in a decision earlier last month in the Supreme Court of Western Australia, 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.
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.
The Supreme Court of Western Australia’s recent decision highlighted the importance of ensuring equitable distribution of the cost burdens Local Governments face, however, this will likely be undermined following legislation to be introduced by the State Government.
WALGA President Karen Chappel AM JP said it was an extraordinary step for the State Government to introduce Legislation to undermine a Supreme Court decision, labelling it a slap in the face to WA communities.
President Chappel questioned the State Government’s priorities, given the more immediate challenges, particularly in regional Western Australia, like housing, health and cost of living.
“This is an extraordinary move by the State Government as it continues to put industry above local WA communities,” President Chappel said.
“It is appropriate that mining companies have rates levied just as homeowners and other businesses do to support their local communities.
“Meanwhile, Local Governments continue to upkeep the roads, infrastructure and provide services to meet the needs of their local communities.
“Mining rates are a pre-tax business expense, as opposed to all Western Australians who pay residential rates out of their own taxable income.
“Local Governments use the funds collected from rates for the betterment of the local community – big mining companies should not be exempt from this.”
- WALGA slams State Government decision to legislate against WA communities
- State Government putting big mining companies ahead of local communities
WALGA is deeply concerned by the State Government’s intent to legislate changes to rating of miscellaneous licenses on Crown Land, undermining a Supreme Court of Western Australia decision.
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.
However, in a decision earlier last month in the Supreme Court of Western Australia, 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.
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.
The Supreme Court of Western Australia’s recent decision highlighted the importance of ensuring equitable distribution of the cost burdens Local Governments face, however, this will likely be undermined following legislation to be introduced by the State Government.
WALGA President Karen Chappel AM JP said it was an extraordinary step for the State Government to introduce Legislation to undermine a Supreme Court decision, labelling it a slap in the face to WA communities.
President Chappel questioned the State Government’s priorities, given the more immediate challenges, particularly in regional Western Australia, like housing, health and cost of living.
“This is an extraordinary move by the State Government as it continues to put industry above local WA communities,” President Chappel said.
“It is appropriate that mining companies have rates levied just as homeowners and other businesses do to support their local communities.
“Meanwhile, Local Governments continue to upkeep the roads, infrastructure and provide services to meet the needs of their local communities.
“Mining rates are a pre-tax business expense, as opposed to all Western Australians who pay residential rates out of their own taxable income.
“Local Governments use the funds collected from rates for the betterment of the local community – big mining companies should not be exempt from this.”
