The WA Government has announced it will move swiftly to amend the state’s Local Government Act 1995 to clarify that land held under a miscellaneous licence is exempt from council rates.
Miscellaneous licences are typically used, alongside underlying mining or exploration tenure, to facilitate infrastructure such as roads, aerodromes, pipelines and staff accommodation needed to support mining activities.
While land held under miscellaneous licences has long been understood to not be rateable under the Act, the Supreme Court of Western Australia has recently ruled local governments can levy rates on land held under these licences, potentially creating millions of dollars in additional costs for mining and exploration companies throughout regional WA.
Local Government and Acting Mines and Petroleum Minister, Hannah Beazley said the amendments will restore a long-understood precedent, reflect the State’s longstanding intent and provide certainty to local governments and resources companies.
“Maintaining the competitiveness of Western Australia’s world-leading mining sector is critical to the State remaining the strongest economy in the nation and the best place to get a quality job,” said Ms Beazley.
“The State Government, local governments and mining companies have for decades understood that land under miscellaneous licences was not rateable.
“While no local governments are currently collecting rates on land held under a miscellaneous licence, a recent Supreme Court ruling has called this understanding into question.
“That’s why our government is moving swiftly to clarify this land is not rateable, reinforcing what governments and mining companies have long understood to be the legislation’s original intent.”
The Minister says the amendments will uphold the status quo, provide certainty to the resources sector and local governments and ensure jobs throughout regional WA are protected.
“We’ll continue to engage with the resources sector on how it contributes to local communities and work with local government,” said Minister Beazley.
