=Decision of the Supreme Court of WA handed down 11 July 2025.
In this landmark decision, 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).
The case arose on appeal brought by the Shire of Mount Magnet to set aside a decision of the State Administrative Tribunal that the exemption in section 6.26 applied broadly to all Crown land under miscellaneous licences, occupied or not.
The Supreme Court found that section 6.26(2)(a)(ii)(I) clearly exempts only unoccupied Crown land under miscellaneous licences and found that the Shire’s construction of the section should be preferred. In its reasons, the Court highlighted that miscellaneous licences often involve infrastructure such as pipelines or processing plants which directly impact local communities, and that rating such land aligns with the goal of funding services affected by such developments.
The decision has serious implications for mining companies. as well as local government. It reverses a 40 year old understanding that miscellaneous licences are not rateable. AMEC estimates that if implemented by local government across Western Australia, it will cost the mining and exploration sector over $50 million per annum. In addition, local governments have the ability to seek rates back 5 years. AMEC is asking the WA Government to step in and urgently legislate.