A ROW about local governments wanting to charge rates on miscellaneous mining leases has the Cook Government saying it will change the law to stop that happening.

On Friday, August 1 Local Government Minister Hannah Beazley said amendments to the Local Government Act 1995 would be introduced to state Parliament to clarify that land held under a miscellaneous licence was exempt from local government rates.

The next day WALGA said it was deeply concerned by the state government’s decision to legislate changes to rating of miscellaneous licenses on Crown land, undermining a Supreme Court of Western Australia decision.

WALGA said last year, the State Administrative Tribunal ruled in the matter of the Shire of Mount Magnet v Atlantic Vanadium Pty Ltd that local government rates may not be levied on land subject to a miscellaneous licence granted under the Mining Act 1978, irrespective of the nature of the occupation of that land by the tenement holder.

But in a decision earlier last month in the Supreme Court of Western Australia, Justice Marcus Solomon outlined he had taken a different view to the Tribunal and determined that Crown land, subject of a miscellaneous licence, was rateable for local governments.

WALGA president Karen Chappel, who is also president of the Shire of Morawa, said WALGA supported the Supreme Court decision noting a “miscellaneous licence was often used for the development of significant infrastructure, and because of this, Justice Solomon determined, local government involvement is critical’’.

“This significant infrastructure includes, roads, water infrastructure, airports and minesite accommodation,’’ she said.

“It is a more than reasonable expectation that mining companies have rates levied appropriately to support local communities, just as homeowners and other businesses do.

“Local governments have a role to act upon the unique needs of their residents and to advocate for community benefits for these projects.”

But Ms Beazley said maintaining the competitiveness of WA’s world-leading mining sector was critical to the state remaining the strongest economy in the nation and the best place to get a quality job.

“The state government, local governments and mining companies have for decades understood that land under miscellaneous licences was not rateable.

“While no local governments are currently collecting rates on land held under a miscellaneous licence, a recent Supreme Court ruling has called this understanding into question.

“That’s why our government is moving swiftly to clarify this land is not rateable, reinforcing what governments and mining companies have long understood to be the legislation’s original intent.

“These amendments will uphold the status quo, provide certainty to the resources sector and local governments and ensure jobs throughout regional WA are protected.

“We’ll continue to engage with the resources sector on how it contributes to local communities and work with local governments.