S 396-45 repealed by No 41 of 2011, s 3 and Sch 5 item 158, effective 27 June 2011. S 396-45 formerly read:
SECTION 396-45 What projects can be approved?
396-45(1)
To be approved, a project must be the construction of a
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land transport facility or the construction or acquisition of one or more
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related facilities.
396-45(2)
A
land transport facility
is a road, tunnel, bridge, or railway line, in Australia, that is to be used for the transport of the public or their goods at a charge to them (whether the transport is by the member of the public concerned or by another entity).
396-45(3)
Related facilities
are facilities in Australia that are reasonably necessary for a
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land transport facility to be able to operate for the purpose for which it was constructed.
396-45(4)
The following are examples of
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related facilities:
(a)
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depreciating assets and other equipment (for example, rolling stock in the case of a railway) for use in operating the
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land transport facility;
(b)
buildings or other structures from which staff are to operate the land transport facility;
(c)
buildings or other structures for storing freight, cargo, depreciating assets, fuel, stores or equipment;
(d)
stations or passenger or freight terminals;
(e)
maintenance facilities.
History
S 396-45(4) amended by No 77 of 2001.
396-45(5)
A road, road bridge or road tunnel to provide access to a
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land transport facility that is a railway is not a
related facility
(or part of the land transport facility itself).
396-45(6)
A railway, railway bridge or railway tunnel to provide access to a
*
land transport facility that is a road is not a
related facility
(or part of the land transport facility itself).
Note:
Items 20 and 21 of Schedule 3 to the
Taxation Laws Amendment Act (No. 1) 1998
treat certain facilities as if they were land transport facilities or related facilities.
S 396-45 inserted by No 16 of 1998.