The WA State Administrative Tribunal has made a decision concerning whether 4 exploration licences were “land” within the meaning of the Duties Act 2008 (WA).
In 2011, the taxpayer became the holder of a controlling interest in a company (A Co). That company at that time held certain rights in respect of 4 exploration licences under the Mining Act 1978 (WA). The taxpayer sought a determination from the WA Commissioner of State Revenue as to whether those rights amounted to “land” as that expression is defined in the Duties Act. The Commissioner decided the rights were “land” and the taxpayer asked the Tribunal to review that decision.
The Tribunal considered the terms of the document under which A Co acquired the rights, and also other relevant documents. The Tribunal concluded that A Co had an equitable interest in 3 of the exploration licences, but had only a personal right in respect of the fourth. It held 3 of the exploration licences were land within the meaning of the Duties Act, but not the fourth. Accordingly, the Tribunal upheld the Commissioner’s decision in respect of 3 exploration licences, but set aside the Commissioner’s decision in respect of the fourth.
(Abbotts Exploration Pty Ltd v Comr of State Revenue [2013] WASAT 39, WA State Administrative Tribunal, Sharp DP, 19 March 2013.)
[LTN 60, 28/3/13]