Tasmanian Numbered Acts

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TAXATION AND RELATED LEGISLATION (MISCELLANEOUS AMENDMENTS) ACT (NO. 2) 2011 (NO. 47 OF 2011) - SECT 8

Section 61 amended (Land holdings of private corporations)
Section 61 of the Principal Act is amended as follows:
(a) by inserting the following subsection after subsection (1) :
(1A)  For the purposes of this Part –
(a) an interest in a mineral tenement is taken to be an interest in land; and
(b) an interest in a pipeline, within the meaning of the Gas Pipelines Act 2000 , is taken to be an interest in land.
(b) by inserting the following subsections after subsection (4) :
(5)  If a private corporation has an entitlement to, or interest in, land, anything that is part of the land as a fixture is to be taken into account in determining the extent of the private corporation's interest in land for the purposes of this Chapter even if the fixture is, or purports to be, the subject of an entitlement or interest separate from the ownership of the rest of the land.
(6)  A fixture is not to be taken into account for the purposes of subsection (5) if the Commissioner is satisfied that it would not be just and reasonable to take the fixture into account in the circumstances.
(7)  If –
(a) a private corporation has an entitlement to, or interest in, something that is part of land as a fixture; and
(b) that entitlement or interest is, or purports to be, separate from the ownership of the rest of the land –
the private corporation is to be regarded as having an interest in land for the purposes of this Chapter to the extent of its entitlement to, or interest in, the fixture.
(8)  For the purposes of subsections (5) , (6) and (7) , anything that –
(a) under the authority (whether direct or indirect) of a mineral tenement is fixed to land that is the subject of that mineral tenement; and
(b) would be part of that land as a fixture if the mineral tenement were a freehold estate in the land –
is to be taken to be part of land as a fixture.



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