Document ID: chunk:federal_register_of_legislation:C2013C00581:clause:4_10:p1
Version: federal_register_of_legislation:C2013C00581
Segment Type: clause
Provision Reference: sch 4 cl 10 (pt 1/3)
Character Range: 70069–72855

10  After Division 396
Insert:

Division 402—Environment protection expenditure

Table of Subdivisions
 Guide to Division 402
402‑W Urban water tax offset

Guide to Division 402

402‑1  What this Division is about
      This Division provides for certain tax measures in relation to environment protection.

Subdivision 402‑W—Urban water tax offset

Guide to Subdivision 402‑W

402‑750  What this Subdivision is about

       A company may get a refundable tax offset under the National Urban Water and Desalination Plan for a project that the Water Minister certifies as being eligible for the tax offset.
       The amount of the urban water tax offset is specified in the certificate.
       The urban water tax offset is only available for the income years 2009‑10 to 2012‑13.
                   Note: This Subdivision will be repealed on 1 July 2014: see Part 2 of Schedule 4 to the Tax Laws Amendment (2009 Measures No. 2) Act 2009.

Table of sections
402‑755 Entitlement to urban water tax offset
402‑760 Certificates
402‑765 Amount of urban water tax offset
402‑770 Revoking certificates
402‑775 AAT review
402‑780 Guidelines

402‑755  Entitlement to urban water tax offset
 (1) A company is entitled to a *tax offset for a project for an income year if the *Water Minister certifies under section 402‑760 that the project is eligible for the tax offset for the year.
 (2) The amount of the *tax offset is the amount specified in the certificate.
Note: The tax offset is subject to the refundable tax offset rules: see section 67‑23.

402‑760  Certificates

Issuing certificates
 (1) The *Water Minister may certify, in writing, to a company that a project is eligible for the urban water tax offset for an income year, if:
 (a) the eligible up‑front capital costs of the project (within the meaning given by the guidelines made under section 402‑780) are:
 (i) in the case of a stormwater harvesting project—$4 million or more; or
 (ii) in any other case—$30 million or more; and
 (b) the other requirements specified in those guidelines are met.
 (2) The *Water Minister may only issue certificates for the following income years:
 (a) the 2009‑10 income year;
 (b) the 2010‑11 income year;
 (c) the 2011‑12 income year;
 (d) the 2012‑13 income year.
 (3) In deciding whether to issue a certificate, the *Water Minister must comply with the guidelines made under section 402‑780.
 (4) If the *Water Minister issues a certificate under this section, he or she must, within 30 days, give a copy to the Commissioner.

Refusal to issue certificates
 (5) If the *Water Minister refuses to issue a certificate to a company under this section, he or she must, within 30 days, give written notice of the refusal to the company.
 (6) The notice must explain that the company may apply