In the landmark decision in Shire of Mount Magnet v Atlantic Vanadium Pty Ltd [2025] WASC 274, the Supreme Court held that occupied Crown Land the subject of a miscellaneous licence issued under the Mining Act 1978 (WA) is ratable under section 6.26 of the Local Government Act 1995 (WA).
That decision created uncertainty across the resources industry by opening up the possibility that mining companies could be charged rates on land held under miscellaneous licences that had long been understood to be exempt (such as for rail, pipelines, roads, FIFO accommodation). This interpretation would have cost the mining and exploration sector an estimated $50 million plus per annum.
On 13 November 2025, the Legislative Assembly passed the above Bill to clarify that land held under miscellaneous licences cannot be subject to local government rates. The Bill is currently in the Second Reading stage in the Legislative Council.
The Bill establishes a refund mechanism for any rates, interest, or charges that have been imposed and paid to date on these licences.