354Application of Division

354 Application of Division

(1) This Division applies to a proposed construction excavation if—

(a) the excavation will be of sufficient dimensions or depth to allow the entry of a person; or

(b) there will be a risk to the health or safety of any person from the excavation.

(2) Despite subregulation (1), this Division does not apply to excavation of a shaft or trench made as part of building work for which a building permit has been issued and is in force under the Building Act 1993.

(3) Despite subregulation (1), this Division does not apply to excavation of a shaft, trench or tunnel being—

(a) a mine; or

(b) a bore to which the Water Act 1989 applies; or

(c) a quarry within the meaning of the Mineral Resources (Sustainable Development) Act 1990; or

(d) made for the purpose of undertaking emergency work; or

(e) made for the rescue of any person or the carrying out an emergency response by an emergency service; or

(f) made for use as a place of burial or interment of the dead.