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

Legislative Council Second ReadingLABill 4223 October 2025

This bill amends the Local Government Act 1995 to clarify that local government rates cannot be imposed on miscellaneous or small prospecting licences (under 10 hectares) on Crown land, and validates past rating practices. It also makes consequential amendments to the Petroleum Legislation Amendment Act 2024.

Impact

Mining companies holding miscellaneous or small prospecting licences on Crown land will be affected, as they will be exempt from paying local government rates on these licences. Local governments will need to refund rates collected on these licences. This clarifies rating rules and avoids future disputes.

Key Changes

["Exempts miscellaneous licences and small prospecting licences on Crown land from local government rates.", "Extinguishes rates and related liabilities imposed on these licences for financial years 2017-18 to 2025-26.", "Requires local governments to refund rates already paid on these licences.", "Validates rating actions taken on the basis that licence land was not rateable 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

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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