Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 1994 (WA)

14 February 19951 GOVERNMENT GAZETTE, WA 491

TRAINING

TA301

BUILDING AND CONSTRUCTION INDUSTRY TRAINING FUND AND

LEVY COLLECTION ACT 1990

BUILDING AND CONSTRUCTION INDUSTRY TRAINING FUND AND

LEVY COLLECTION AMENDMENT REGULATIONS 1994

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the Building and Construction

Industry Training Fund and Levy Collection Anienclin,ent Regulations 1994.

Regulation 3 amended

2. Regulation 3 of the Building and Construction Industry Training Fund

and Levy Collection Regulations 1991* is amended —

(a) by inserting after the regulation designation "3." the

subregulation designation "(1)";

(b)	in paragraph (a) by deleting "or" at the end of the paragraph;
(c)	in paragraph (b) by deleting "industry." and substituting the following —
" industry; "; and
(d)	by inserting after paragraph (b) the following — "

(c) agricultural work;
(d) government work; or
(e) mining and petroleum work. .;

and

(e) by inserting the following subregulation —

Crown; and

(2) In this regulation —

"agricultural land" means land wholly or mainly used for farming, cropping or grazing purposes;

"agricultural work" means work directly associated with the care, conservation or rehabilitation of agricultural land or land that has been agricultural land where some or all of the work is to be carried out by the owner of the land or by a person who will not be employed or engaged for remuneration to perform any part of the work, but does not include work for which a building licence is required;

"government authority" means —

(a) the Crown;

(b) an agency or instrumentality of the

492 GOVERNMENT GAZETTE, WA [14 February 1995

(c) the executive body of a municipality or regional council within the meaning of the Local Government Act 1960 or a Commissioner appointed pursuant to that Act;

"government work" means work carried

out —

(a)	by a government authority; or
(b)	for or on behalf of a government authority by —
(i) an officer or employee of a

government authority; or

(ii) another government

authority;

"minerals" has the same meaning as in the

Mining Act 1978;

"mining and petroleum work" means work associated with any operation under the Mining Act 1978, the Petroleum Act 1967, the Petroleum (Submerged Lands) Act 1982 or the Petroleum Pipelines Act 1969 which is not carried out in the housing sector or the commercial sector (as defined in Schedule 1) and includes —

(a) earthworks associated with the

construction or maintenance of any temporary water supply or temporary access track for any purpose associated with any mineral or petroleum exploration activity, and any other earthworks associated .with any such exploration activity;

(b) any excavation work associated

with exploration for, or the extraction of, any minerals or petroleum;

(c)	any.
work directly related to the fabrication of a pipeline system used in mineral or petroleum production or processing (but not including associated work such as earthworks, excavation work or the construction of culverts, bridges, drains or structural supports), and any subsequent repair work that involves welding or coating a pipeline system (or part of a pipeline system) used in mineral or petroleum production or processing;
(d)	the construction or maintenance of
any haul road or track which is —
(i) in or around a mine or other

mineral or petroleum
production facility; and

(ii) directly used in a mineral or

petroleum production
operation;

14 February 1995] GOVERNMENT GAZETTE, WA 493

(e)	the maintenance of an airstrip or landing pad used in conjunction with any mineral or petroleum production operation;
(f)	work associated with an environmental clean-up or environmental restoration;
(g)	work associated with a mine back- filling operation;
(h)	repair or maintenance work carried out on any plant or equipment directly associated with mineral or petroleum exploration, production or processing, or for piloting;

"petroleum" has the same meaning as in the

Petroleum Pipelines Act 1969.

{* Published in the Gazette of 28 June 1991 at pp. 3122-25.

For amendments to 29 June 1994 see 1993 Index to Legislation of Western Australia, Table 4, p. 24 and Government Gazette of 8 March 1994, p. 943.]

By His Excellency's Command,

J. I. GILL, Clerk of the Council