Taxes Consolidation Act 1997 section 380Q

Interpretation (Part 11D)

Section 380Q provides the definitions for Part 11D, which deals with tax relief for the relocation of dangerous substance installations from urban dockland areas. Note that this relief is historical: it applied only to expenditure incurred on or after 1 January 2009 and before 1 January 2014.

• An operator carrying on a relevant trade (operating an establishment or installation involving dangerous substances) in an urban dockland area may be entitled to relief on relocation expenditure — the capital cost of removing an old installation and setting up a replacement, including land acquisition, but excluding buildings, construction, and plant and machinery.
• An establishment is the entire area under an operator's control where dangerous substances are present; an installation is a unit within that establishment where dangerous substances are produced, used, handled or stored, together with associated infrastructure such as pipework, docks, jetties and warehouses.
• An urban dockland area is a dockland area covered by a local area plan or planning scheme and designated by the Minister for the Environment, Heritage and Local Government (with the Minister for Finance's approval) for regeneration.
• Market value of establishment land is assessed on the basis that the old installation has been removed; enhancement expenditure (capital expenditure that enhances the land and is reflected in its state at disposal) is defined separately and is not included in relocation expenditure.