Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 2010 (WA)

29 March 2011 GOVERNMENT GAZETTE, WA 1155

TRAINING

TA301*

Building and Construction Industry Training Fund and Levy Collection

Act 1990

Building and Construction Industry Training

Fund and Levy Collection Amendment

Regulations 2010

Made by the Governor in Executive Council.

1.           Citation

These regulations are the Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 2010.
2.	Commencement These regulations come into operation as follows —

(b) delete paragraph (e);
(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.           Regulations amended

These regulations amend the Building and Construction
Industry Training Fund and Levy Collection Regulations 1991.

4.           Regulation 3 amended

(1) In regulation 3(1):

(a) in paragraph (d) delete "work; or" and insert:

work.

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(c) after paragraphs (a), (b) and (c) insert:

or

(2) In regulation 3(2) delete the definitions of:

government authority
minerals
mining and petroleum work

petroleum

(3) In regulation 3(2) insert in alphabetical order:

government authority means -

(a)	the Crown;
(b)	an agency or instrumentality of the Crown;
(c)	a local government or regional local government within the meaning of the Local Government Act 1995 or a Commissioner appointed under that Act;

(4) In regulation 3(2) in the definition of government work

paragraph (b)(ii) delete "authority;" and insert:

authority.

5. Regulation 3AA inserted
After regulation 3 insert:

3AA. Mining and petroleum work excluded from

construction work

(1) In this regulation -

commercial construction work means construction

work that -

(a) is not engineering construction work; and

(b) is carried out on, or results in, a rigid and fixed

structure that is intended predominantly for the
use of or to contain -

(i)     people; or

(ii)     plants; or

(iii)     machinery; or

(iv)     goods; or

(v) livestock;

29 March 2011 GOVERNMENT GAZETTE, WA 1157

engineering construction work means construction

work on or resulting in -

(a)	a road, railway, airfield or other structure for the passage of persons, animals or vehicles; or
(b)	a breakwater, dock, jetty, pier, wharf or other structure for the improvement or alteration of any harbour, river or watercourse for the

purposes of navigation; or

(c)	any structure for the storage or supply of water or for the irrigation of land; or
(d)	any structure for the conveyance, treatment or disposal of sewage or of the effluent from any premises; or
(e)	a structure for extracting, refining, processing or treatment of heavy industry materials or for the production or extraction of heavy industry products and by-products from materials; or
(f)	a bridge, viaduct, aqueduct or tunnel; or
(g)	a chimney stack that is not part of a residential or commercial building, a cooling tower, drilling rig, gas holder or silo; or
(h)	a pipeline; or

(i)     a navigational light, beacon or marker; or

(j)	a structure for the drainage of land; or
(k)	a structure for the storage of liquid or gas; or

(1) a structure for the transmission of wireless or

telegraphic communications; or

(m)	a fence, other than a fence on a farm; or
(n)	a grandstand, stadium or swimming pool; or
(o)	a structure for the generation, supply or
transmission of electric power;
Act 1978 section 8(1); petroleum has the same meaning given in the	minerals has the same meaning given in the Mining residential construction work means construction work on, or resulting in, a building that is intended to be used predominantly for residential purposes.

(2) The following work is prescribed as excluded from the

definition of construction work in section 3(1) of the

Act—

(a) work associated with any operation under -

(i)     the Mining Act 1978; or

(ii) the Petroleum and Geothermal Energy Resources Act 1967; or

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(iii) the Petroleum (Submerged Lands)
Act 1982; or

(iv) the Petroleum Pipelines Act 1969,

that is not residential construction work or

commercial construction work;

(b) work to which subregulation (3) applies and

that is performed in connection with the work

referred to in paragraph (a).

(3) Work excluded from the definition of construction

work in section 3(1) of the Act by operation of
subregulation (2) includes the following -

(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 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 that 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;

(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.

6. Regulation 5 deleted
Delete regulation 5.

29 March 2011 GOVERNMENT GAZETTE, WA 1159

7.            Schedule 1 deleted

Delete Schedule 1.

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.