Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p18
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 18/54)
Character Range: 1131591–1134353

of this Act or the former section 124F or 124JA of the Income Tax Assessment Act 1936 (all of which allowed deductions for capital expenditure on forestry roads and/or timber mill buildings); or
 (fa) any of these kinds of expenditure if a deduction is allowable for the expenditure, or would be allowable if property had been used for the purpose of producing assessable income:
 (i) *mining capital expenditure or *transport capital expenditure;
 (ii) expenditure on a *forestry road in connection with carrying on a *timber operation for a *taxable purpose;
 (iii) expenditure for the construction or acquisition of a *timber mill building;
 (iv) expenditure on a *depreciating asset you can deduct under subsection 40‑80(1) (about exploration and prospecting); or
 (g) expenditure on property for which a deduction under section 355‑305 or 355‑520 is allowable for the property, or would be allowable if the property were for use for conducting *R&D activities; or
 (h) eligible heritage conservation expenditure within the meaning of the former Subdivision AAD of Division 17 of Part III of the Income Tax Assessment Act 1936; or
 (i) expenditure that you cannot deduct because of section 26‑100 (about water infrastructure improvement expenditure).

43‑72  Meaning of forestry road, timber operation and timber mill building
 (1) A forestry road is a road constructed primarily and principally for the purpose of providing access to an area to enable:
 (a) trees to be planted or tended in the area; or
 (b) timber felled in the area to be removed.
For this purpose, a road includes any bridge, culvert or similar work forming part of the road.
 (2) A timber operation is:
 (a) planting or tending trees for felling; or
 (b) felling standing timber; or
 (c) removing felled timber; or
 (d) milling felled timber or processing it in another way.
 (3) A timber mill building is a building:
 (a) for use primarily and principally:
 (i) in carrying on your *business of milling timber for a *taxable purpose; or
 (ii) as residential accommodation for your employees engaged in connection with the business, or for their dependants; and
 (b) located in a forest, and in or adjacent to the area where timber milled in the business is, or is to be, felled.

43‑75  Construction expenditure area
 (1) The construction expenditure area of capital works begun after 30 June 1997 is the part of the capital works on which the *construction expenditure was incurred that, at the time when it was incurred by an entity, was to be owned or leased by the entity or held by the entity under a *quasi‑ownership right over land granted by an *exempt Australian government agency or an *exempt foreign government agency.
Note: Section 43‑80 explains when capital works begin.