Reply To: Sydney Metro – Section 555(1)(g3)
G’day Todd
An interesting question.
Had a look at the definition of the term rail infrastructure Facilities under the Transport Administration Act 1988 Section 3.
Reads as follows:
“rail infrastructure facilities” —
(a) includes railway track, associated track structures, over track structures, cuttings, drainage works, track support earthworks and fences, tunnels, bridges, level crossings, service roads, signalling systems, train control systems, communication systems, overhead power supply systems, power and communication cables, and associated works, buildings, plant, machinery and equipment, but
(b) does not include any stations, platforms, rolling stock, rolling stock maintenance facilities, office buildings or housing, freight centres or depots, private sidings or spur lines connected to premises not vested in or owned by or managed or controlled by a rail infrastructure owner.
My initial thought was I can’t see that vacant shop(s) are included in this definition so I am of the same opinion as yourself. Not eligible for a rate exemption.
Then again could the vacant shops, which are going to be eventually demolished and developed, fall under Part(a) of the definition and deemed to be “associated works or buildings”?
Will be interested to hear the thoughts of others. Maybe it is worth running the question past your legal advisors to see what they come up with.
Regards
Trevor