289Meaning of “construction work”

289 Meaning of “construction work”

289 Meaning of “construction work”

(1) In this chapter, construction work means work carried out in connection with the construction, alteration, conversion, fitting-out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure.

(2) Without limiting subsection (1), construction work includes the following—

(a) installation or testing carried out in connection with an activity referred to in subsection (1),

(b) the removal from the workplace of a product or waste resulting from demolition,

(c) the prefabrication or testing of elements, at a place specifically established for the construction work, for use in construction work,

(d) the assembly of prefabricated elements to form a structure, or the disassembly of prefabricated elements forming part of a structure,

(e) the installation, testing or maintenance of an essential service in relation to a structure,

(f) work connected with an excavation,

(g) work connected with preparatory work or site preparation, including landscaping as part of site preparation, carried out in connection with an activity referred to in subsection (1),

(h) an activity referred to in subsection (1) that is carried out on, under or near water, including work on buoys and obstructions to navigation.

(3) In this chapter, construction work does not include the following—

(a) the manufacture of plant,

(b) the prefabrication of elements, other than at a place specifically established for the construction work, for use in construction work,

(c) the construction or assembly of a structure that, once constructed or assembled, is intended to be transported to another place,

(d) testing, maintenance or repair work of a minor nature carried out in connection with a structure,

(e) mining activities or petroleum activities.

Note—

Subsection (3)(e) is a NSW provision.