Schedule 2 to the Principal Act is repealed and the following Schedule is substituted:

SCHEDULE 2 - Building or Construction Work to which this Act Applies

Section 3 (1)

1.    In this Schedule –

building includes –

(a) part of a building; and

(b) a temporary building; and

(c) a moveable building;

structure includes –

(a) a tank or other structure associated with the catchment, collection, storage or supply of water; and

(b) a plant, drain, facility, system, equipment or structure associated with the drainage or treatment of sewage, effluence or stormwater; and

(c) a bridge, viaduct, aqueduct or tunnel; and

(d) a chimney stack or cooling tower; and

(e) an aerial or mast associated with the transmission or reception of radio, television or communications; and

(f) an aerial or mast associated with the absorption or reflection of lightning; and

(g) a mast or tower associated with the transmission of electricity; and

(h) a silo; and

(i) a dock, jetty, pier, terminal, wharf, boat ramp or mooring; and

(j) a pipeline including a pipeline placed in the ground; and

(k) a structure, plant or facility associated with the production, storage, conveyance or distribution of oil, gas, coal or other minerals; and

(l) a fence.

2.    Building or construction work on a site includes the following work for that site:

(a) the construction, erection, alteration, repair, renovation, demolition or removal of a building or structure;

(b) the construction, alteration or repair of a road, street, parking area, footpath, thoroughfare for pedestrians or vehicles, kerbing, guttering, roundabout, median strip, road barrier or other similar road works;

(c) the construction, alteration, repair, demolition or removal of –

(i) a railway, bus area or tramway, or a structure, signal or platform that is connected with a railway, bus area or tramway; or

(ii) a harbour, breakwater, retaining wall or marina; or

(iii) a dam, weir, reservoir or other embankment or structure for the catchment, collection, storage, diversion or control of water;

(d) the construction, alteration, repair or removal of an aircraft runway or a landing pad;

(e) the performance of excavation work;

(f) the laying of pipes and other prefabricated material in the ground;

(g) the construction, erection, installation, alteration, repair, demolition or removal of any system, or plant, associated with the conveyance, collection, storage, treatment or distribution of water or gas;

(h) electrical or mechanical service work including work that is related to the construction, erection, installation, alteration, repair, servicing or dismantling of a plant, plant facility or equipment;

(i) the construction, erection, installation, alteration, repair, renovation, demolition or removal of –

(i) a lift or escalator; or

(ii) an airconditioning, ventilation or refrigeration system or equipment;

(j) the construction, repair, alteration or removal of a playing field, golf course, racecourse, stadium, swimming pool or other sporting or recreational facility;

(k) landscaping or the construction, alteration or removal of a park or garden;

(l) the removal of asbestos from a building or from any machinery, plant or equipment located in or on a building;

(m) the alteration of the surface of works referred to in paragraph (a) , (b) , (c) or (d) by painting, rendering, tarring, marking or other form of resurfacing;

(n) site preparation work, including pile driving, that is preliminary work to the performance of any work in the above paragraphs;

(o) other work prescribed as being building or construction work for the purposes of this Act.

3.    Building or construction work does not include any of the following work:

(a) if the principal business activity of a person or employee is not building or construction work, maintenance or repair work carried out –

(i) by that person for his or her own benefit; or

(ii) by that employee for the benefit of his or her employer;

(b) the construction, alteration, repair, demolition or removal of a fence that is on, or forms part of the boundary of, agricultural land;

(c) work directly associated with the care, conservation or rehabilitation of agricultural land or of land that has been agricultural land;

(d) work that involves the planting, removal or maintenance of any plant or other living thing;

(e) other work prescribed as not being building or construction work for the purpose of this Act.