LAND TAX ACT 2005 - SECT 4 Transmission easement holders

LAND TAX ACT 2005 - SECT 4

    (1)     For the purposes of this Act, a transmission easement holder is a transmission company that holds a transmission easement.

    (2)     A transmission company holds a transmission easement if the transmission easement has been—

        (a)     acquired by the transmission company; or

        (b)     granted to, or reserved in favour of, the transmission company; or

        (c)     created by statute in favour of, or vested by statute in, the transmission company.

    (3)     If a transmission company uses an easement of a related body corporate of that company—

        (a)     that easement is, for the purposes of this Act, deemed to be a transmission easement; and

        (b)     the transmission company is, for the purposes of this Act, deemed to be a transmission easement holder and may be assessed for tax as if it held the transmission easement.

    (4)     If the Commissioner is satisfied that a transmission company should not be liable for land tax under Division 4 of Part 2 on an easement referred to in subsection (3), having regard to—

        (a)     the nature of the easement; and

        (b)     any other matters the Commissioner considers relevant—

the Commissioner may treat the easement as not being a transmission easement for the purposes of this Act.

    (5)     In this section—

related body corporate has the same meaning as in section 50 of the Corporations Act.