Commonwealth Consolidated Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 - SECT 93M

[Basic test]

             (1)  Related facilities are facilities in Australia that are reasonably necessary for an infrastructure facility to be able to operate for the purpose for which it was constructed.

[Examples]

             (2)  The following are examples of facilities that are related facilities in respect of an infrastructure facility, provided that they pass the test in subsection (1):

                     (a)  plant and other equipment (for example, rolling stock in the case of a railway) for use in operating the infrastructure facility;

                     (b)  buildings or other structures from which staff are to operate the infrastructure facility;

                     (c)  buildings or other structures for storing freight, cargo, plant, fuel, stores or equipment;

                     (d)  stations or passenger or freight terminals;

                     (e)  subject to paragraphs (4)(a) and (6)(a), maintenance facilities.

[Access roads etc. excluded]

             (3)  In the case of any infrastructure facility, a road, bridge, tunnel or railway to provide access to the infrastructure facility is not a related facility (or part of the infrastructure facility itself).

[Dry‑docks etc. excluded]

             (4)  In the case of a seaport facility, the following are not related facilities (or part of the infrastructure facility itself):

                     (a)  a dry‑dock or other facility for repair or maintenance of vessels;

                     (b)  a vessel.

[Dams etc. excluded]

             (5)  In the case of an electricity generation, transmission or distribution facility, the following are not related facilities (or part of the infrastructure facility itself):

                     (a)  a dam or coal mine;

                     (b)  facilities for transporting fuel or water to the site at which the electricity generation, transmission or distribution takes place.

[Hangars etc. excluded]

             (6)  In the case of an air transport facility, the following are not related facilities (or part of the infrastructure facility itself):

                     (a)  a hangar or other facility for storage, repair or maintenance of aircraft;

                     (b)  an aircraft.

[Processing plant etc. excluded]

             (7)  In the case of a gas pipeline facility, the following are not related facilities (or part of the infrastructure facility itself):

                     (a)  the processing plant from which the gas pipeline transports the gas;

                     (b)  any drilling, extraction, processing or other plant or equipment for use in obtaining the gas, processing it or transporting it to the processing plant in paragraph (a).