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AUSTRALIA'S FOREIGN INVESTMENT POLICY COMMERCIAL REAL ESTATE

Author:News    Creat time:2015-09-29 14:03
All Foreign Persons
Vacant Land

Foreign persons need to apply to acquire, or take an interest in, land for commercial development, regardless of the value of the land. Such proposals are normally reviewed subject to development conditions.

Developed Commercial Property

Foreign persons need to apply to acquire, or take an interest in, developed commercial real estate valued at $55 million or more – unless the real estate is heritage listed, in which case a $5 million threshold applies. United States, New Zealand, Chilean, Japanese and Korean non-government investors need to apply for developed commercial real estate only when it is valued at $1,094 million or more.

Developed commercial property includes hotels, motels, hostels and guesthouses, as well as individual dwellings that are a part of these properties. However, a unit in an owner-occupied hotel or one which is rented out privately (that is, it is not part of the hotel's business) is considered to be an acquisition of residential property.

Mining Tenements

Foreign persons need to apply to acquire mineral rights, mining leases, mining tenements or production licences where:

they provide the right to occupy Australian urban land and the term of the lease or licence (including extensions) is likely to exceed 5 years; or
they provide an interest in a profit sharing arrangement or income from the use of, or dealings in, Australian urban land.
Australian urban land is any land that is not rural land (refer FACT SHEET 8). It includes the entire seabed within Australia's Exclusive Economic Zone (EEZ). If the mining tenement applies to land currently being used as rural land, then other rules apply.

Where a mining tenement is developed to an operational mine, it will then be considered developed commercial property (see above).

August 2015


Resource:The Foreign Investment Review Board www.firb.gov.au