Document ID: chunk:federal_register_of_legislation:C2010C00679:section:1987:p17
Version: federal_register_of_legislation:C2010C00679
Segment Type: section
Provision Reference: s 1987 (pt 17/51)
Character Range: 53480–56518

section 82BL;
  'eligible environment protection activity' has the meaning given by section
82BM;
  'environment' includes all aspects of the surroundings of humans, whether
affecting them as individuals or in social groupings;
  'income-producing activity', in relation to a taxpayer, means an activity
(including an investment activity) carried on for the purpose, or for purposes
that include the purpose, of producing assessable income (other than
assessable income attributable to section 160Z) of the taxpayer of any year of
income;
  'site' includes a part of a site.
Deduction of allowable environment protection expenditure
(Deduction allowable)
  "82BK.(1) Subject to this Subdivision, allowable environment protection
expenditure incurred by a taxpayer on or after 19 August 1992 is an allowable
deduction for the year of income in which the expenditure is incurred.
(Section 51 limits apply)
  "(2) A provision of this Act (including a provision of section 51, other
than subsection 51(1)) that expressly prevents or restricts the operation of
section 51 applies in the same way to this section.
Allowable environment protection expenditure
(Meaning of "allowable environment protection expenditure")
  "82BL.(1) For the purposes of this Subdivision, if:
  (a) a taxpayer incurs expenditure (whether of a capital nature or otherwise)
for the sole or dominant purpose of carrying on one or more eligible
environment protection activities; then:
  (b) the expenditure, to the extent that the expenditure is in respect of
eligible environment protection activities in relation to the taxpayer, is
allowable environment protection expenditure of the taxpayer.
(Allowable environment protection expenditure does not include allowable
environmental impact expenditure)
  "(2) Expenditure is taken not to be allowable environment protection
expenditure to the extent to which it is allowable environmental impact
expenditure (within the meaning of section 82BC).
(Deduction of last resort)
  "(3) Expenditure is taken not to be allowable environment protection
expenditure to the extent to which a deduction is allowable in respect of that
expenditure under a provision of this Act other than section 82BK.
Eligible environment protection activity
(Meaning of "eligible environment protection activity")
  "82BM.(1) A reference in this Subdivision to an eligible environment
protection activity in relation to a taxpayer is a reference to any of the
following activities carried on by or on behalf of the taxpayer:
  (a) preventing, combating or rectifying pollution of the environment,
where:
    (i) the pollution has resulted, or is likely to result, from an
income-producing activity that was, is, or is proposed to be, carried on by
the taxpayer; or
    (ii) the pollution is of a site on which the taxpayer carried on,
carries on, or proposes to carry on, an income-producing activity; or
    (iii) the source of the pollution is a site on which the taxpayer
carried on, carries on, or proposes to carry on, an income-producing