Work on a Mining Lease is BCIPA and Void means Void in total

On 20 December 2013, the Queensland Court of Appeal delivered two significant decisions in relation to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA). These decisions have important consequences to Contractors and Principals on the operation of the BCIPA.

J & D Rigging Pty Ltd v Agripower Australia Ltd & Ors [2013] QCA 406

In J & D Rigging Pty Ltd v Agripower Australia Ltd & Ors [2013] QCA 406, the Queensland Court of Appeal overturned the controversial decision of Wilson J that BCIPA did not apply to work undertaken on land registered as a mining lease as the construction work did not "form part of the land" as required by BCIPA.

In overturning this decision, the Queensland Court of Appeal held that the issue was whether the work forms part of the physical land upon which it was situated. Accordingly, while a mining lease may not be legally categorised as "land" the actual land on which the plant was situated was considered land