Building Industry Fairness (Security of Payment) Regulation 2018 (Qld)

Building Industry Fairness (Security of Payment) Regulation 2018

Part 1 Introduction

1 Short title This regulation may be cited as the Building Industry Fairness (Security of Payment) Regulation 2018.

2 Commencement This regulation commences on 1 March 2018.

3 Definitions The dictionary in schedule 3 defines particular words used in this regulation.

Part 2 Trusts

Division 1 General

4 Work included as project trust work— Act , s 8A (1) For section 8A(2) of the Act, the following work is prescribed to be project trust work— (a) the management and removal of scaffolding if the scaffolding is used for carrying out other project trust work; (b) the construction, installation, alteration or repair of a swimming pool, whether associated with a building or not. (2) In this section— swimming pool see the Building Act 1975, schedule 2.

5 Work that is not project trust work— Act , s 8A (1) For section 8A(3) of the Act, the following work is prescribed not to be project trust work— (a) the construction, maintenance or repair of a busway, road or railway; (b) the construction, maintenance or repair of a tunnel for a busway, road or railway; (c) an authorised activity for a resource authority. (2) In this section— authorised activity, for a resource authority, see the Mineral and Energy Resources (Common Provisions) Act 2014, schedule 2. busway— (a) means a route especially designed and constructed for, and dedicated to, the priority movement of buses for passenger transport; and (b) includes— (i) places for the taking on and letting off of passengers of buses using the busway; and (ii) a causeway or culvert in, on, or under a busway that is associated with the busway; and (iii) another structure that supports a busway or has the purpose of ensuring the safe or efficient use of a busway. Example for subparagraph (iii)— bridge, fence, gate, pedestrian overpass, pillar, sign driveway means— (a) a surface constructed— (i) on private property; and (ii) for the purpose of driving or riding of motor vehicles to or from the property and a road; and (iii) for which the right to use the surface is restricted to persons with an interest in the property and their invitees; or (b) a surface constructed— (i) between the boundary of a private property and that part of a road used for the driving or riding of motor vehicles; and (ii) 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— (a) 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 (b) includes a railway station or platform. resource authority see the Mineral and Energy Resources (Common Provisions) Act 2014, section 10. road— (a) means an area of land— (i) whether surveyed or unsurveyed, dedicated, notified or declared to be a road for public use; or (ii) whether surveyed or unsurveyed, taken under an Act, for the purpose of a road for public use; or (iii) developed, or to be developed, for the public use of driving or riding of motor vehicles; and (b) includes— (i) a street, esplanade, highway, pathway, thoroughfare, toll road, track or stock route; and (ii) a causeway or culvert in, on, or under a road that is associated with the road; and (iii) a structure in, on, or under a road that is associated with the road; and (c) 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.