Crown Lands Valuation Applies To Seabed: Coverdale v West Coast Council [2016] HCA 15
Thursday 14 April 2016 @ 12.29 p.m. | Legal Research
In Coverdale v West Coast Council [2016] HCA 15, the High Court has found that the seabed and waters of Macquarie Harbour are Crown lands within the meaning of the Valuation of Land Act 2001 (Tas). The High Court unanimously dismissed the appeal by Warrick Coverdale, in his capacity as Valuer-General of the State of Tasmania, from the Full Court of the Supreme Court of Tasmania.
Facts
The respondents, West Coast Council, wanted to levy rates on eight marine farming leases over parts of the seabed and waters within Macquarie Harbour. They requested the appellant, the Valuer-General, to value the leases in accordance with s 11(1) of the Valuation of Land Act (the VLA), which:
“…[i]n substance, s 11(1) of the VLA provides that the Valuer-General must value all lands within each valuation district, including any Crown lands that are liable to be rated in accordance with Pt 9 of the LGA.” [at 2]
The Valuer-General declined, believing the leases were not over lands or Crown lands.
West Coast Council started proceedings in the Supreme Court of Tasmania, and the Valuer-General succeeded at first instance. However, the Full Court held 2-1 that the leases were over Crown land, and this decision was upheld by the High Court.
Decision
The High Court said at [16] that:
“this appeal turns on whether the meaning of "Crown lands" in s 11(1) of the VLA is restricted by what is said to be the ordinary signification of "land", and as such excludes the seabed and waters above it, or whether "Crown lands" in s 11(1) means "Crown land" as defined in the CLA [“the Crown Lands Act 1976 (Tas)”], and hence "includes land covered by the sea or other waters, and the part of the sea or those other waters covering that land".”
The High Court determined that the the two acts were “in pari materia” (on the same subject or matter), and that “[a]bsent any compelling contrary indication” the definitions in the VLA should be construed as including the definition of “Crown land” within the meaning of the Crown Lands Act. [at 43]
They also noted that while the Valuer-General had argued this construction would pose an overly onerous burden on them, under s 11(1A) of the VLA:
“the Valuer-General may exempt land from the valuations to be made under s 11(1) if the Valuer-General considers that the land should not be included in those valuations.” [at 45]
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Sources:
Coverdale v West Coast Council [2016] HCA 15 & judgment summary
