DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 [REPEALED]

CHAPTER 3 - INFRASTRUCTURE BORROWINGS  

PART 2 - INTERPRETATION: INFRASTRUCTURE BORROWINGS ETC.  

SECTION 93M   RELATED FACILITIES  

93M(1)   Basic test.  

Related facilities are facilities in Australia that are reasonably necessary for an infrastructure facility to be able to operate for the purpose for which it was constructed.

93M(2)   Examples.  

The following are examples of facilities that are related facilities in respect of an infrastructure facility, provided that they pass the test in subsection (1):


(a) plant and other equipment (for example, rolling stock in the case of a railway) for use in operating the infrastructure facility;


(b) buildings or other structures from which staff are to operate the infrastructure facility;


(c) buildings or other structures for storing freight, cargo, plant, fuel, stores or equipment;


(d) stations or passenger or freight terminals;


(e) subject to paragraphs (4)(a) and (6)(a), maintenance facilities.

93M(3)   Access roads etc. excluded.  

In the case of any infrastructure facility, a road, bridge, tunnel or railway to provide access to the infrastructure facility is not a related facility (or part of the infrastructure facility itself).

93M(4)   Dry-docks etc. excluded.  

In the case of a seaport facility, the following are not related facilities (or part of the infrastructure facility itself):


(a) a dry-dock or other facility for repair or maintenance of vessels;


(b) a vessel.

93M(5)   Dams etc. excluded.  

In the case of an electricity generation, transmission or distribution facility, the following are not related facilities (or part of the infrastructure facility itself):


(a) a dam or coal mine;


(b) facilities for transporting fuel or water to the site at which the electricity generation, transmission or distribution takes place.

93M(6)   Hangars etc. excluded.  

In the case of an air transport facility, the following are not related facilities (or part of the infrastructure facility itself):


(a) a hangar or other facility for storage, repair or maintenance of aircraft;


(b) an aircraft.

93M(7)   Processing plant etc. excluded.  

In the case of a gas pipeline facility, the following are not related facilities (or part of the infrastructure facility itself):


(a) the processing plant from which the gas pipeline transports the gas;


(b) any drilling, extraction, processing or other plant or equipment for use in obtaining the gas, processing it or transporting it to the processing plant in paragraph (a).




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