INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 3 - Deductions  

Subdivision CA - Deductions for environment protection expenditure  

SECTION 82BM   ELIGIBLE ENVIRONMENT PROTECTION ACTIVITY  

82BM(1)   Meaning of ``eligible environment protection activity''.  

A reference in this Subdivision to an eligible environment protection activity in relation to a taxpayer is a reference to any of the following activities carried on by or on behalf of the taxpayer:

(a) preventing, combating or rectifying pollution of the environment, where:

(i) the pollution has resulted, or is likely to result, from an income-producing activity that was, is, or is proposed to be, carried on by the taxpayer; or

(ii) the pollution is of a site on which the taxpayer carried on, carries on, or proposes to carry on, an income-producing activity; or

(iii) the source of the pollution is a site on which the taxpayer carried on, carries on, or proposes to carry on, an income-producing activity; or

(iv) the pollution is of a site on which the predecessor of the taxpayer carried on a business activity; or

(v) the source of the pollution is a site on which the predecessor of the taxpayer carried on a business activity;

(b) treating, cleaning up, removing or storing waste, where:

(i) the waste has resulted, or is likely to result, from an income-producing activity that was, is, or is proposed to be, carried on by the taxpayer; or

(ii) the waste is on a site on which the taxpayer carried on, carries on, or proposes to carry on, an income-producing activity; or

(iii) the source of the waste is a site on which the taxpayer carried on, carries on, or proposes to carry on, an income-producing activity; or

(iv) the waste is on a site on which the predecessor of the taxpayer carried on a business activity; or

(v) the source of the waste is a site on which the predecessor of the taxpayer carried on a business activity.

82BM(2)   Site on which investment activities carried on.  

For the purposes of this section, if a taxpayer carried on, carries on, or proposes to carry on, an income-producing activity consisting of:

(a) the leasing of a site owned by the taxpayer; or

(b) the granting of rights to use a site owned by, or under the control of, the taxpayer; or

(c) any similar thing;

the taxpayer is taken to have carried on, to carry on, or to propose to carry on, the income-producing activity on that site, as the case requires.

82BM(3)   Site on which predecessor of taxpayer carried on a business activity.  

For the purposes of this section, a site ( old site ) is a site on which the predecessor of a taxpayer carried on a business activity, if, and only if:

(a) the taxpayer carries on an income-producing activity on another site ( new site ); and

(b) the taxpayer's income-producing activity consists of the carrying on of a business; and

(c) the taxpayer acquired the business from another person who, or whose predecessor (whether immediate or otherwise), carried on the business on the old site; and

(d) apart from the change of site, the taxpayer's business is the same, or substantially the same, as the business carried on by the other person, or by the other person's predecessor, as the case requires, on the old site.