A new Local Government Amendment Bill 2025 was passed yesterday (13 November), which clarifies that land held under miscellaneous licences cannot be subject to local government rates.
The purpose of the bill is to amend the Local Government Act 1995 and to make consequential amendments to the Petroleum Legislation Amendment Act 2024.
Miscellaneous licences typically cover infrastructure such as rail, pipelines, roads, power lines, and accommodation. These have traditionally been recognised as non-rateable under Western Australia law until the recent court ruling created ambiguity.
The Association of Mining and Exploration Companies (AMEC) says the new bill restores regulatory certainty, safeguards the competitiveness of Western Australia’s resources sector and removes the prospect of double-rating of lands that carry infrastructure.
AMEC Chief Executive Warren Pearce says there has been support across the aisle to return to the status quo and ensure the longstanding expectation that miscellaneous licences are not subject to rating by local government is upheld.
“Industry significantly contributes to local governments through their annual rates bill, paying rates on mining and exploration tenements,” Pearce says.
“Not to mention the wider benefits communities receive through royalty payments, employment, and voluntary contributions. Today has ensured they are not hit up again by a novel interpretation of the law.”
AMEC notes the legislative step comes in response to a previously reported landmark decision by the Supreme Court of Western Australia in the case of Shire of Mount Magnet v Atlantic Vanadium.
Pearce says it is estimated that this opportunistic legal re-interpretation would have cost the mining and exploration sector over $50 million per year.
“And with Local Governments having the ability to seek rates back five years, the resources sector could have faced an extraordinary $250 million additional rate bill this year,” he says.
AMEC is a national association representing more than 575 member companies from around Australia. Its members include explorers, emerging miners, producers, and a wide range of businesses and service providers.
Mining.com.au is a member company of AMEC.
Write to Aaliyah Rogan at Mining.com.au
Images: AMEC
