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ARTICLE · 02 AUGUST 2013

Does the Construction Contracts Act 2004 (WA) apply to construction work on mining tenements?

Differences in wording in the legislation make it less likely that a WA court would follow the Qld Agripower rationale.

AustraliaReal Estate and Construction

Key Points:

Western Australian legislation is worded differently to Queensland's, making a similar decision less likely.

A recent Queensland Supreme Court decision could mean that construction work carried out on a mining lease is not subject to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA). Would the same apply in Western Australia?

The meaning of construction work in the BCIPA

In Agripower Australia Ltd v J&D Rigging Pty Ltd [2013] QSC 164 it was determined that a contract for the dismantling of mining plant that had been brought onto site for the purposes of a mining lease was not a contract for "construction work" within the meaning of the BCIPA.

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