INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-10 - CAPITAL ALLOWANCES: RULES ABOUT DEDUCTIBILITY OF CAPITAL EXPENDITURE  

Division 40 - Capital allowances  

Subdivision 40-G - Capital expenditure of primary producers and other landholders  

Operative provisions

SECTION 40-635   Meaning of landcare operation  

40-635(1)  
Landcare operation for land means:


(a) erecting a fence to separate different land classes on the land in accordance with an * approved management plan for the land; or


(b) erecting a fence on the land primarily and principally for the purpose of excluding animals from an area affected by land degradation:


(i) to prevent or limit extension or worsening of land degradation in the area; and

(ii) to help reclaim the area; or


(c) constructing a levee or a similar improvement on the land; or


(d) constructing drainage works on the land primarily and principally for the purpose of controlling salinity or assisting in drainage control; or


(e) an operation primarily and principally for the purpose of:


(i) eradicating or exterminating from the land animals that are pests; or

(ii) eradicating, exterminating or destroying plant growth detrimental to the land; or

(iii) preventing or fighting land degradation (except by erecting fences on the land); or


(f) a repair of a capital nature, or an alteration, addition or extension, to an asset described in paragraph (a), (b), (c) or (d) or an extension of an operation described in paragraph (e); or


(g) constructing a structural improvement, or a repair of a capital nature, or an alteration, addition or extension, to a structural improvement, that is reasonably incidental to an asset described in paragraph (c) or (d).

Note:

A depreciating asset and a repair of a capital nature or an alteration, addition or extension to that asset are not the same asset for the purposes of section 40-50 and this Subdivision: see section 40-53 .

40-635(2)  
Paragraph (1)(d) does not apply to an operation draining swamp or low-lying land.


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