Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
"civil works" includes —
(a) a
road, railway, tramway, aircraft runway, canal, waterway, harbour, port or
marina;
(b) a
line or cable for electricity or telecommunications;
(c) a
pipeline for water, gas, oil, sewage or other material;
(d) a
path, pavement, ramp, tunnel, slipway, dam, well, aqueduct, drain, levee,
seawall or retaining wall; and
(e) any
works, apparatus, fittings, machinery or plant associated with any works
referred to in paragraph (a), (b), (c) or (d);
“site in WA” means a site in Western
Australia, whether on land or off-shore.
(2) In this
Act —
“construction work” means any of the
following work on a site in WA —
(a)
reclaiming, draining, or preventing the subsidence, movement or erosion of,
land;
(b)
installing, altering, repairing, restoring, maintaining, extending,
dismantling, demolishing, or removing, any works, apparatus, fittings,
machinery, or plant, associated with any work referred to in
paragraph (a);
(c)
constructing the whole or a part of any civil works, or a building or
structure, that forms or will form, whether permanently or not and whether in
WA or not, part of land or the sea bed whether above or below it;
(d)
fixing or installing on or in any thing referred to in paragraph (c) any
fittings forming, or to form, whether permanently or not, part of the thing,
including —
(i)
fittings for electricity, gas, water, fuel oil, air,
sanitation, irrigation, telecommunications, air-conditioning, heating,
ventilation, fire protection, cleaning, the security of the thing, and the
safety of people; and
(ii)
lifts, escalators, insulation, furniture and furnishings;
(e)
altering, repairing, restoring, maintaining, extending, dismantling,
demolishing or removing any thing referred to in paragraph (c)
or any fittings described in paragraph (d) that form part of that
thing;
(f) any
work that is preparatory to, necessary for, an integral part of, or for the
completion of, any work referred to in paragraph (a), (b), (c), (d) or
(e), including —
(i)
site or earth works, excavating, earthmoving, tunnelling
or boring;
(ii)
laying foundations;
(iii)
erecting, maintaining or dismantling temporary works, a
temporary building, or a temporary structure including a crane or other
lifting equipment, and scaffolding;
(iv)
cleaning, painting, decorating or treating any surface;
and
(v)
site restoration and landscaping;
(g) any
work that is prescribed by regulations to be construction work for the
purposes of this Act.
(3) Despite
subsection (2) construction work does not include any of the following
work on a site in WA —
(a)
drilling for the purposes of discovering or extracting oil or natural gas,
whether on land or not;
(b)
constructing a shaft, pit or quarry, or drilling, for the purposes of
discovering or extracting any mineral bearing or other substance;
(c)
constructing any plant for the purposes of extracting or processing oil,
natural gas or any derivative of natural gas, or any mineral bearing or other
substance;
(d)
constructing, installing, altering, repairing, restoring, maintaining,
extending, dismantling, demolishing, or removing, wholly artistic works,
including sculptures, installations and murals;
(e) work
prescribed by the regulations not to be construction work for the purposes of
this Act.
(4) In this
Act —
“construction work” does not include
constructing the whole or part of any watercraft.