📜 Local Government Amendment (Rating of Certain Mining Licences) Bill 2025

Amendments agreed to by Legislative AssemblyLABill 4223 October 2025

This Bill amends the Local Government Act 1995 to clarify that local government rates cannot be imposed on miscellaneous licences or small prospecting licences (under 10 hectares) on Crown land. It also extinguishes past rates and liabilities for these licences and provides for refunds, solidifying a long-standing understanding that was recently challenged by a Supreme Court decision.

Impact

This bill primarily affects local governments, mining companies holding miscellaneous or small prospecting licences, and the State of Western Australia. It clarifies rating obligations, potentially reducing revenue for some local councils but providing certainty and refunds for licence holders, aligning with previous industry understanding.

Key Changes

["Clarifies that local government rates cannot be imposed on miscellaneous licences or small prospecting licences (under 10 hectares) located on Crown land.", "Extinguishes rates and related liabilities for miscellaneous licences and small prospecting licences on Crown land for financial years from 2017-18 to 2025-26.", "Requires local governments to refund any rates or related liabilities paid on these exempted licences.", "Validates rating actions taken on the basis that licence land was not rateable.", "Amends the definition of 'owner' in the Local Government Act 1995 to include holders of mining tenements and petroleum permits/licences.", "Ensures that other rateable mining tenements or petroleum licences can coexist with non-rateable miscellaneous or small prospecting licences on the same land."]

Parliamentary Progress

LA Second Reading MovedLA23 Oct 2025
LA IntroducedLA23 Oct 2025
LA Second Reading SpeechLA23 Oct 2025
LC Second Reading SpeechLC13 Nov 2025
LA Third ReadingLA13 Nov 2025
LC Second Reading MovedLC13 Nov 2025
LA Consideration in DetailLA13 Nov 2025
LA Second Reading AgreedLA13 Nov 2025
LC First ReadingLC13 Nov 2025
LC Second Reading AgreedLC9 June 2026
LC Third ReadingLC16 June 2026
LC AmendedLC17 June 2026
LC Consideration in DetailLC17 June 2026

Affected Sectors

local_governmentminingresources

Penalty Provisions1 found

regulatory

10.2Regulatorycross reference

Failure to refund rates paid on licence land after extinguishment of the rate liability.

Ref: Failure to refund rates paid on licence land after extinguishment of the rate liability.

“(3) If a liability mentioned in subsection (2)(a), (b) or (d) 12 was paid (wholly or partly) to the local government 13 before the validation day — 14 (a) the local government must refund the amount 15 paid within 28 days after the validation day; 16 and 17 (b) if the local government does not do so — the 18 person who paid the amount may recover the 19 amount from the local government in a court of 20 competent jurisdiction as a debt due.”

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