§ 11 — Meaning of “nationally significant infrastructure expenditure”

11.—(1) In this Act, “nationally significant infrastructure expenditure” means any qualifying capital expenditure incurred, on or after 3 August 2021, in relation to an approved infrastructure project.(2) In this section, “infrastructure project” means a project involving any one or more of the following matters:(a)

the construction or acquisition of any nationally significant infrastructure;

(b)

the building, installation or acquisition of any related facility of a nationally significant infrastructure;

(c)

the improvement, extension, enlargement or replacement of any nationally significant infrastructure or related facility of a nationally significant infrastructure where the improvement, extension, enlargement or replacement significantly —(i)

increases the capacity or reliability of the nationally significant infrastructure;

(ii)

increases the useful life of the nationally significant infrastructure; or

(iii)

reduces previously assessed operating costs of the nationally significant infrastructure,

such that the nationally significant infrastructure has or has left, or is reasonably expected to have or have left, a useful life of at least 50 years upon the completion of the infrastructure project.

(3) In this section, “qualifying capital expenditure”, in relation to an infrastructure project, means capital expenditure incurred by any infrastructure project participant of the project, wholly or substantially for the purpose of carrying on the infrastructure project, and even if incurred before 3 August 2021; and includes capital expenditure incurred in connection with any of the following incidentals to the project:(a)

the acquisition of any right or interest in respect of the use of any invention, required in respect of or in connection with any matter in subsection (2)(a), (b) or (c);

(b)

any associated design, investigative and engineering studies, survey or research preparatory to the undertaking of any matter in paragraph (a) or subsection (2)(a), (b) or (c);

(c)

any works directly attributable to bringing the nationally significant infrastructure and its related facilities to the location and condition necessary for the nationally significant infrastructure to operate for its intended purpose or purposes.

(4) However, qualifying capital expenditure excludes any capital expenditure incurred in relation to any of the following:(a)

the repair or maintenance of a nationally significant infrastructure or related facility of a nationally significant infrastructure;

(b)

the acquisition of land and of any right or interest in or over land, even if required in respect of or in connection with any matter in subsection (2)(a), (b) or (c);

(c)

the acquisition, repair or maintenance of any train, vehicle, aircraft, vessel or barge.

(5) The Minister must not approve any infrastructure project for the purposes of this Act unless —(a)

the total qualifying capital expenditure that has been or is expected to be incurred wholly or substantially by every infrastructure project participant for the purpose of the infrastructure project is estimated to be $4,000,000,000 or more; and

(b)

the infrastructure project is ongoing on, or starts on or after 3 August 2021.

(6) Where a number of distinct contracts or engagements are entered or to be entered into purportedly in connection with any infrastructure project, and the estimated value of some or all of such contracts or engagements taken severally do not exceed the amount specified in subsection (5), then to calculate the estimate of the total qualifying capital expenditure to be incurred by any infrastructure project participant wholly or substantially for the purpose of the project, every distinct contract or engagement for anything that —(a)

is capable of being completed and to start operations independently of other matters covered by the other contracts or engagements or without materially affecting the effective operation of matters covered by the other contracts or engagements; and

(b)

is situated on lands that are not adjacent or contiguous,

must be disregarded.

(7) In this section —“approved” means approved in person by the Minister in accordance with this section;

“construction”, in relation to any nationally significant infrastructure, means —(a)

the erection (but not repair or maintenance) of the nationally significant infrastructure or any of its related facilities;

(b)

the excavation or site formation works connected with or carried out for the purpose of paragraph (a); or

(c)

the demolition and re‑construction of the nationally significant infrastructure or any of its related facilities;

“infrastructure project” includes a phase or stage of an infrastructure project only if expressly planned for at the start of the infrastructure project;

“infrastructure project participant”, for any infrastructure project, means —(a)

the department, ministry or Organ of State of the Government to which responsibility for carrying out the infrastructure project (or any part of the project) is assigned; or

(b)

a public authority carrying out the infrastructure project as an agent or otherwise on behalf of the department, ministry or Organ of State of the Government mentioned in paragraph (a).

—(1) In this Act, “nationally significant infrastructure expenditure” means any qualifying capital expenditure incurred, on or after 3 August 2021, in relation to an approved infrastructure project.

(2) In this section, “infrastructure project” means a project involving any one or more of the following matters:(a)

the construction or acquisition of any nationally significant infrastructure;

(b)

the building, installation or acquisition of any related facility of a nationally significant infrastructure;

(c)

the improvement, extension, enlargement or replacement of any nationally significant infrastructure or related facility of a nationally significant infrastructure where the improvement, extension, enlargement or replacement significantly —(i)

increases the capacity or reliability of the nationally significant infrastructure;

(ii)

increases the useful life of the nationally significant infrastructure; or

(iii)

reduces previously assessed operating costs of the nationally significant infrastructure,

such that the nationally significant infrastructure has or has left, or is reasonably expected to have or have left, a useful life of at least 50 years upon the completion of the infrastructure project.

(3) In this section, “qualifying capital expenditure”, in relation to an infrastructure project, means capital expenditure incurred by any infrastructure project participant of the project, wholly or substantially for the purpose of carrying on the infrastructure project, and even if incurred before 3 August 2021; and includes capital expenditure incurred in connection with any of the following incidentals to the project:(a)

the acquisition of any right or interest in respect of the use of any invention, required in respect of or in connection with any matter in subsection (2)(a), (b) or (c);

(b)

any associated design, investigative and engineering studies, survey or research preparatory to the undertaking of any matter in paragraph (a) or subsection (2)(a), (b) or (c);

(c)

any works directly attributable to bringing the nationally significant infrastructure and its related facilities to the location and condition necessary for the nationally significant infrastructure to operate for its intended purpose or purposes.

(4) However, qualifying capital expenditure excludes any capital expenditure incurred in relation to any of the following:(a)

the repair or maintenance of a nationally significant infrastructure or related facility of a nationally significant infrastructure;

(b)

the acquisition of land and of any right or interest in or over land, even if required in respect of or in connection with any matter in subsection (2)(a), (b) or (c);

(c)

the acquisition, repair or maintenance of any train, vehicle, aircraft, vessel or barge.

(5) The Minister must not approve any infrastructure project for the purposes of this Act unless —(a)

the total qualifying capital expenditure that has been or is expected to be incurred wholly or substantially by every infrastructure project participant for the purpose of the infrastructure project is estimated to be $4,000,000,000 or more; and

(b)

the infrastructure project is ongoing on, or starts on or after 3 August 2021.

(6) Where a number of distinct contracts or engagements are entered or to be entered into purportedly in connection with any infrastructure project, and the estimated value of some or all of such contracts or engagements taken severally do not exceed the amount specified in subsection (5), then to calculate the estimate of the total qualifying capital expenditure to be incurred by any infrastructure project participant wholly or substantially for the purpose of the project, every distinct contract or engagement for anything that —(a)

is capable of being completed and to start operations independently of other matters covered by the other contracts or engagements or without materially affecting the effective operation of matters covered by the other contracts or engagements; and

(b)

is situated on lands that are not adjacent or contiguous,

must be disregarded.

(7) In this section —“approved” means approved in person by the Minister in accordance with this section;

“construction”, in relation to any nationally significant infrastructure, means —(a)

the erection (but not repair or maintenance) of the nationally significant infrastructure or any of its related facilities;

(b)

the excavation or site formation works connected with or carried out for the purpose of paragraph (a); or

(c)

the demolition and re‑construction of the nationally significant infrastructure or any of its related facilities;

“infrastructure project” includes a phase or stage of an infrastructure project only if expressly planned for at the start of the infrastructure project;

“infrastructure project participant”, for any infrastructure project, means —(a)

the department, ministry or Organ of State of the Government to which responsibility for carrying out the infrastructure project (or any part of the project) is assigned; or

(b)

a public authority carrying out the infrastructure project as an agent or otherwise on behalf of the department, ministry or Organ of State of the Government mentioned in paragraph (a).