The phrase 'forming, or to form, part of land' in s 10 of the Building and Construction Industry Payments Act 2004 (Qld) does not import the common law doctrine of fixtures. Whether a structure forms part of land is determined by a practical inquiry into the physical relationship between the structure and the land, including the degree of annexation, not by investigating the objective intention of parties at the time of construction. The existence of a mining lease over land does not preclude a structure affixed to that land from forming part of land for the purposes of s 10.
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