BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 7 Meaning of construction work

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 7

    (1)     In this Act:

"construction work"—

        (a)     includes the construction, alteration, repair, restoration, maintenance, extension, demolition or dismantling of buildings or structures, whether permanent or not, forming, or to form, part of land; and

        (b)     includes the construction, alteration, repair, restoration, maintenance, extension, demolition or dismantling of any works forming, or to form, part of land, including walls, roadworks, power-lines, telecommunication apparatus, aircraft runways, docks and harbours, light rail and other railways, inland waterways, pipelines, reservoirs, water mains, wells, sewers, industrial plant and installations for purposes of land drainage or coast protection; and

        (c)     includes the installation in any building, structure or works of fittings forming, or to form, part of land, including heating, lighting, air conditioning, ventilation, power supply, drainage, sanitation, water supply, fire protection, security and communications systems; and

        (d)     includes the external or internal cleaning of buildings, structures and works, so far as it is carried out in the course of their construction, alteration, repair, restoration, maintenance or extension; and

        (e)     includes any operation which forms an integral part of, or is preparatory to or is for rendering complete, work mentioned in paragraph (a), (b) or (c); and

Examples

1     site clearance, earth-moving, excavation, tunnelling and boring

2     laying foundations

3     erecting, maintaining or dismantling scaffolding

4     prefabricating components to form part of any building, structure or works, whether carried out on-site or off-site

5     site restoration, landscaping and providing roadways and other access works

        (f)     includes painting or decorating the internal or external surfaces of any building, structure or works; and

        (g)     includes building work within the meaning of the Building Act 2004

; but

        (h)     does not include—

              (i)     drilling for, or extraction of, oil or natural gas; or

              (ii)     extracting (whether by underground or surface working) minerals, including tunnelling or boring, or constructing underground works, for that purpose.

    (2)     A regulation may provide that work is, or is not, construction work for this Act.

    (3)     In this section:

"light rail"—see the Road Transport (General) Act 1999

, dictionary.