Building Industry Fairness (Security of Payment) Regulation 2018
sec.5Work that is not project trust work— Act , s 8A
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sec.5 Work that is not project trust work— Act , s 8A
For section 8A (3) of the Act , the following work is prescribed not to be project trust work— the construction, maintenance or repair of a busway, road or railway; the construction, maintenance or repair of a tunnel for a busway, road or railway; an authorised activity for a resource authority. In this section— authorised activity , for a resource authority, see the Mineral and Energy Resources (Common Provisions) Act 2014 , schedule 2 . busway — means a route especially designed and constructed for, and dedicated to, the priority movement of buses for passenger transport; and includes— places for the taking on and letting off of passengers of buses using the busway; and a causeway or culvert in, on, or under a busway that is associated with the busway; and another structure that supports a busway or has the purpose of ensuring the safe or efficient use of a busway. bridge, fence, gate, pedestrian overpass, pillar, sign driveway means— a surface constructed— on private property; and for the purpose of driving or riding of motor vehicles to or from the property and a road; and for which the right to use the surface is restricted to persons with an interest in the property and their invitees; or a surface constructed— between the boundary of a private property and that part of a road used for the driving or riding of motor vehicles; and for the purpose of driving or riding of motor vehicles to or from the property and the road. private property includes a separate or distinct parcel of land for which an interest is recorded in a register under the Land Act 1994 . railway — means a guided system designed for the movement of rolling stock having the capability of transporting passengers, livestock or freight on a track with a gauge of 600mm or more; and includes a railway station or platform. resource authority see the Mineral and Energy Resources (Common Provisions) Act 2014 , section 10 . road — means an area of land— whether surveyed or unsurveyed, dedicated, notified or declared to be a road for public use; or whether surveyed or unsurveyed, taken under an Act, for the purpose of a road for public use; or developed, or to be developed, for the public use of driving or riding of motor vehicles; and includes— a street, esplanade, highway, pathway, thoroughfare, toll road, track or stock route; and a causeway or culvert in, on, or under a road that is associated with the road; and a structure in, on, or under a road that is associated with the road; and does not include a driveway. rolling stock means a vehicle that operates on or uses rails, including, for example, a carriage, locomotive, rail car, tram or trolley. s 5 (prev s 4) renum 2018 SL No. 177 s 5 sub 2020 SL No. 241 s 15 (sec.5-ssec.1) For section 8A (3) of the Act , the following work is prescribed not to be project trust work— the construction, maintenance or repair of a busway, road or railway; the construction, maintenance or repair of a tunnel for a busway, road or railway; an authorised activity for a resource authority. (sec.5-ssec.2) In this section— authorised activity , for a resource authority, see the Mineral and Energy Resources (Common Provisions) Act 2014 , schedule 2 . busway — means a route especially designed and constructed for, and dedicated to, the priority movement of buses for passenger transport; and includes— places for the taking on and letting off of passengers of buses using the busway; and a causeway or culvert in, on, or under a busway that is associated with the busway; and another structure that supports a busway or has the purpose of ensuring the safe or efficient use of a busway. bridge, fence, gate, pedestrian overpass, pillar, sign driveway means— a surface constructed— on private property; and for the purpose of driving or riding of motor vehicles to or from the property and a road; and for which the right to use the surface is restricted to persons with an interest in the property and their invitees; or a surface constructed— between the boundary of a private property and that part of a road used for the driving or riding of motor vehicles; and for the purpose of driving or riding of motor vehicles to or from the property and the road. private property includes a separate or distinct parcel of land for which an interest is recorded in a register under the Land Act 1994 . railway — means a guided system designed for the movement of rolling stock having the capability of transporting passengers, livestock or freight on a track with a gauge of 600mm or more; and includes a railway station or platform. resource authority see the Mineral and Energy Resources (Common Provisions) Act 2014 , section 10 . road — means an area of land— whether surveyed or unsurveyed, dedicated, notified or declared to be a road for public use; or whether surveyed or unsurveyed, taken under an Act, for the purpose of a road for public use; or developed, or to be developed, for the public use of driving or riding of motor vehicles; and includes— a street, esplanade, highway, pathway, thoroughfare, toll road, track or stock route; and a causeway or culvert in, on, or under a road that is associated with the road; and a structure in, on, or under a road that is associated with the road; and does not include a driveway. rolling stock means a vehicle that operates on or uses rails, including, for example, a carriage, locomotive, rail car, tram or trolley.