This amending legislation clarifies the rating treatment of certain mining tenements on Crown land in Western Australia. It was introduced following the 2025 decision in Shire of Mount Magnet v Atlantic Vanadium Pty Ltd 2025 WASC 274 which held that occupied Crown land under a miscellaneous licence granted under the Mining Act 1978 (WA) could be ratable.
The Act restores certainty by providing that miscellaneous licences and small prospecting licences (under 10 hectares) are exempt from local rates when situated on Crown land. This is important for mining companies which hold miscellaneous licences for roads and mining infrastructure over other tenure as it means they will not be double rated. The legislation applies retrospectively to rates notices issued from the 2017-18 financial year onwards.