INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 10AB - Rehabilitation and restoration of mining, quarrying and petroleum sites  

SECTION 124B  

124B   INTERPRETATION  
In this Division:

ancillary activities
, in relation to a person, means:

(a) the preparation of a site for the carrying on by the person of prescribed mining operations within the meaning of Subdivision A of Division 10 ; or

(b) the provision of:

(i) water, light or power for use on; or

(ii) access to or communications with;

a site on which prescribed mining operations within the meaning of Subdivision A of Division 10 are carried on, or to be carried on, by the person; or

(c) the treatment of minerals obtained from the carrying on by the person of prescribed mining operations within the meaning of Subdivision A of Division 10 ; or

(d) the storage (whether before or after treatment) of minerals in relation to the operation of plant for use primarily and principally in the treatment of minerals obtained from the carrying on by the person of prescribed mining operations within the meaning of Subdivision A of Division 10 ; or

(e) the preparation of a site for the carrying on by the person of eligible quarrying operations within the meaning of Subdivision B of Division 10 ; or

(f) the provision of:

(i) water, light or power for use on; or

(ii) access to or communications with;

a site on which eligible quarrying operations within the meaning of Subdivision B of Division 10 are carried on, or to be carried on, by the person; or

(g) the treatment of quarry materials obtained from the carrying on by the person of eligible quarrying operations within the meaning of Subdivision B of Division 10 ; or

(h) the storage (whether before or after treatment) of quarry materials in relation to the operation of plant for use primarily and principally in the treatment of quarry materials obtained from the carrying on by the person of eligible quarrying operations within the meaning of Subdivision B of Division 10 ; or

(i) the provision of:

(i) water, light or power for use on; or

(ii) access to or communications with;

a site on which prescribed petroleum operations within the meaning of Division 10AA are carried on, or to be carried on, by the person; or

(j) the liquefaction of natural gas obtained from the carrying on by the person of prescribed petroleum operations within the meaning of Division 10AA .

eligible building site
, in relation to a person, means a site on which buildings, or other improvements or plant necessary for the carrying on by the person of:

(a) prescribed mining operations within the meaning of Subdivision A of Division 10 ; or

(b) eligible quarrying operations within the meaning of Subdivision B of Division 10 ; or

(c) prescribed petroleum operations within the meaning of Division 10AA ;

are or were located, but does not include that part (if any) of the site on which housing and welfare are or were located.

extractive activities
means:

(a) eligible exploration or prospecting activities; or

(b) eligible quarrying operations within the meaning of Subdivision B of Division 10 ; or

(c) prescribed mining operations within the meaning of Subdivision A of Division 10 ; or

(d) prescribed petroleum operations within the meaning of Division 10AA .

eligible exploration or prospecting activities
means activities in respect of which a deduction is allowable, or has been allowed, under section 122J , 122JF or 124AH.

housing and welfare
means:

(a) residential accommodation; or

(b) health, educational, recreational or other similar facilities; or

(c) facilities for the provision of meals;

and includes works carried out directly in connection with such accommodation or facilities (including works for the provision of water, light, power, access or communications).

land
includes:

(a) a legal or equitable estate or interest in land; or

(b) a right, power or privilege over, or in connection with, land.

person
means any of the following:

(a) a company;

(b) a partnership;

(c) a person in the capacity of trustee;

(d) any other person.

predecessor
means a predecessor, whether immediate or otherwise.

quarry materials
has the same meaning as in Subdivision B of Division 10 .

rehabilitation-related activities
has the meaning given by section 124BB .

restore
includes rehabilitate.

site
includes a part of a site.

treatment
:

(a) in relation to minerals - has the same meaning as in Subdivision A of Division 10 ; and

(b) in relation to quarry materials - has the same meaning as in Subdivision B of Division 10 .