Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 2018 (WA)

3584 GOVERNMENT GAZETTE, WA 28 September 2018

TRAINING

TA301

Building and Construction Industry Training Fund and

Levy Collection Act 1990

Building and Construction Industry Training

Fund and Levy Collection Amendment

Regulations 2018

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Building and Construction Industry
Training Fund and Levy Collection Amendment
Regulations 2018.

2.             Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on 1 October 2018.

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)	after each of paragraphs (a), (b) and (c) delete “or”;
(b)	in paragraph (d) delete “work.” and insert:

work;

(c) after paragraph (d) insert:

(e) resources operational work.

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

geosequestration process means a process that is —

(a)	for the injection of carbon dioxide into a natural underground reservoir; and
(b)	associated with a resources operation;

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residential or commercial facility means a structure,
fixture, works, plant or equipment used or intended to
be used predominantly for or in connection with any of

the following —

(a) residential accommodation;

(b) office accommodation;

(c) a kitchen or dining facility;

(d) a recreational facility;

(e)	a toilet or ablution facility;
(f)	a medical facility;

(g) a laboratory; (h) a workshop;

(i) a fuel depot;

(j) a warehouse;

resources means any of the following —

(a)	minerals as defined in the Mining Act 1978 section 8(1);
(b)	petroleum as defined in the Petroleum and Geothermal Energy Resources Act 1967 section 5(1);
(c)	geothermal energy resources as defined in the Petroleum and Geothermal Energy Resources Act 1967 section 5(1);

resources facility means any of the following or a part

of any of the following —

(a)	a structure, fixture or works for or in connection with a resources operation;
(b)	plant or equipment in, on or associated with a structure, fixture or works referred to in paragraph (a);

resources operation means —

(a)	an operation to explore or drill for, extract, recover, process, treat or refine resources; or
(b)	an operation to handle, store or transport —

(i)      resources; or

(ii)      products of an operation referred to in paragraph (a);

resources operational work means any of the
following work (unless the work is on, results in, or
otherwise relates to, a residential or commercial

facility) —

(a)	work associated with exploration or drilling for resources;
(b)	work associated with exploration or drilling for the purposes of a geosequestration process;

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(c)	work on or resulting in an unsealed haul road or track that is associated with a resources operation;
(d)	work on or resulting in a structure that is —

(i)      for the storage, treatment, supply or disposal of non-potable water; and

(ii)      associated with a resources operation;

(e) work on or resulting in a structure that is —

(i)      for the storage of tailings, overburden or waste; and

associated with a resources operation; work for the excavation or back-filling of soil or overburden that is associated with a resources operation;

(ii)  

(f)

(g)

work for the environmental remediation, by a resources operation;

(h) 1 or more resources facilities (including work

work for the closure or decommissioning of restoration or rehabilitation);

(i)      work for the repair or maintenance of 1 or more resources facilities;

(j) work for any of the following if the value in aggregate of the work, estimated in accordance with subregulation (3), is $10 million or less —

(i)      the alteration or renovation of 1 or more resources facilities;

(ii)      the replacement of 1 or more resources facilities that have been, are being or are to be closed or decommissioned;

(iii)      the relocation of 1 or more resources facilities;

(iv)      any combination of the activities referred to in subparagraphs (i) to (iii).

(3)	In regulation 3(2) in the definition of government work paragraph (b)(ii) delete “authority.” and insert:
authority;
(4)	After regulation 3(2) insert:
(3) Schedule 2 of the Act applies for the purposes of estimating the value of work referred to in

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paragraph (j) of the definition of resources operational
work in subregulation (2) as if references to
construction work were references to that work.

5.             Regulation 3AA deleted

Delete regulation 3AA.

M. INGLIS, Clerk of the Executive Council.

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