Conservation covenant over land
(1) Section 723 - 10 or 723 - 15 does not reduce a loss if:
(a) the underlying asset is land; and
(b) the right referred to in paragraph 723 - 10(1)(b) or 723 - 15(1)(b) is a * conservation covenant over the land.
Right created on death of owner
(2) Section 723 - 10 or 723 - 15 does not reduce a loss if the right referred to in paragraph 723 - 10(1)(b) or 723 - 15(1)(b) is created by:
(a) a will or codicil; or
(b) an order of a court varying or modifying a will or codicil; or
(c) a total or partial intestacy; or
(d) an order of a court varying or modifying the application of the law about distributing the estate of someone who dies intestate.