The City of Rockingham v Port Kennedy Resorts Pty Ltd

[1999] WASCA 300

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Local Government
2. › Rates and rating
3. › Rateability of Crown land
4. › Exemption for land used or held for public purpose
5. › Whether private development on Crown land constitutes public purpose
6. › Whether purpose assessed at time of rating or inception of project
7. › Whether purpose assessed by reference to land subject to rate notice or entire agreement area
8. › Local Government Act 1995 (WA), s 6.26(2)
1. Local Government
2. › Rates and rating
3. › Occupation of land
4. › Meaning of 'unoccupied'
5. › Whether exclusive licence holder in occupation
6. › Whether physical acts of control constitute occupation
7. › Local Government Act 1995 (WA), s 6.26
1. Local Government
2. › Rates and rating
3. › Meaning of 'owner'
4. › Whether exclusive licensee is person lawfully entitled to occupy or in unauthorised occupation of Crown land
5. › Local Government Act 1995 (WA), ss 1.4, 6.41

Quick Take

The public purpose exemption from rates under s 6.26(2) of the Local Government Act 1995 (WA) must be assessed by reference to the purpose for which the specific land subject to the rate notice is used or held at the rating time, not by reference to the purpose of the broader project at its inception. A development agreement between the Crown and a private developer that resembles a private subdivision — where the State sets in motion an essentially private development — is primarily a private purpose notwithstanding that the State's initial motivation included public benefit. An exclusive licensee who carries out works, erects fencing, and exercises control over access to Crown land is in 'occupation' of that land for rating purposes.