Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 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.

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