29 July 2021

Preparation for construction work commencing or recommencing

This article was written by Larissa Buriak and Arvin Nitchingham

In our last insight, we advised you of the Public Health (COVID-19 Temporary Movement and Gathering Restriction) Amendment (No 8) Order 2021 dated 17 July 2021 and the direction for work not to be carried out on a construction site in Greater Sydney (the Clause 24AB(1) Direction).  

The NSW Government issued a further order on 28 July 2021, the Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Amendment (No 16) Order 2021 (Order).

Commencing at the beginning of 29 July 2021, the Order provides that despite the Clause 24AB(1) Direction certain works and activities required in preparation for construction work commencing or recommencing on a construction site in Greater Sydney including:

  • checking or maintaining installations or equipment
  • cleaning, waste removal or waste management
  • stocktaking or restocking
  • delivery of materials or equipment
  • servicing or installation of amenities
  • relocation on the construction site of plant or equipment
  • issuing permits or certificates
  • establishing arrangement or procedures to help protect persons from COVID-19
  • erecting fencing or hoarding
  • inspections, including for: technical reasons; or safety, including work health and safety; or for valuations or other financial reasons
  • removing water
  • connecting power, fuel or services
  • safety work, including work related to: fire safety; or electrical safety
  • surveying or marking out
  • training required to be carried out in the construction site,  

may be carried out unless the construction site is in the following local government areas:  

  • City of Blacktown;
  • City of Campbelltown;
  • Canterbury-Bankstown;
  • Cumberland;
  • City of Fairfield;
  • Georges River;
  • City of Liverpool; and
  • City of Parramatta,

(Restricted LGAs).

Are you ready to reopen?

We anticipate further public health orders will be published with additional guidance. It is understood that these further orders may address the following:

  • the resumption of construction in non-occupied settings outside of the Restricted LGAs subject to a square metre distancing rule;
  • implementation of COVID-19 Safety Plans by principal contractors; and
  • restrictions on construction in occupied residential premises, including a maximum construction worker on premises rule.

King & Wood Mallesons continues to advise extensively on impacts to the construction and maintenance sectors as a result of the COVID-19 pandemic.

We will continue to monitor the situation, however, please get in touch if you require any assistance with navigating these recent changes.

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