Document ID: chunk:federal_register_of_legislation:F2024C01235:reg:44:p2
Version: federal_register_of_legislation:F2024C01235
Segment Type: reg
Provision Reference: reg 44 (pt 2/3)
Character Range: 116148–118809

mining operations
 (5) The land is used wholly or predominantly:
 (a) for a mining operation; or
 (b) to locate infrastructure relating to a mining operation; or
 (c) to store waste from a mining operation.
 (6) An approval (that is not a mining or production tenement) of a government authority is in force allowing any or all of the following:
 (a) a mining operation to be established or operated on the land;
 (b) infrastructure relating to a mining operation to be located on the land;
 (c) waste from a mining operation to be stored on the land.
 (7) The land was acquired solely, or is used wholly or predominantly, to meet a condition of an approval mentioned in subsection (6) that relates to other land.

Land used for wind or solar power station
 (7A) The land is used wholly or predominantly for a wind or solar power station located on the land (whether on or beneath the surface).
 (7B) An approval of a government authority (including accreditation) is in force allowing a wind or solar power station to be established or operated on the land (whether on or beneath the surface).
 (7C) The land was acquired solely, or is used wholly or predominantly, to meet a condition of an approval mentioned in subsection (7B) that relates to other land.

Land used for protecting or conserving the environment
 (8) The land is used, under a law of the Commonwealth, a State or a Territory or a legally binding agreement, wholly or predominantly for the purposes of the protection or conservation of the environment.
 (9) The land is used wholly or predominantly for the purposes of a wildlife sanctuary or for rehabilitating animals.

Land within industrial estates
 (10) The land is located within an area that has been approved by a government authority as an industrial estate.

Small areas of land
 (11) The area of the land is 1 hectare or less.

Tourism, education and outdoor recreation facilities
 (12) The use of the land has been approved by a government authority for providing facilities for tourism, outdoor education or outdoor recreation to the public.

Primary production businesses relating to submerged plants and animals etc.
 (13) The only primary production business that the land is or could reasonably be used for is:
 (a) a business mentioned in paragraph (d) or (e) of the definition of primary production business in subsection 995‑1(1) of the Income Tax Assessment Act 1997; or
 (b) a business of cultivating or propagating under water (whether or not all of the time) plants, fungi or their products or parts; or
 (c) a business of maintaining animals under water (whether or not all of the time) for the purpose of selling them