Building and Construction Industry Training Fund and Levy Collection Regulations 1991 (WA)

Western Australia Building and Construction Industry Training Fund and Levy Collection Act 1990 Building and Construction Industry Training Fund and Levy Collection Regulations 1991 Western Australia Building and Construction Industry Training Fund and Levy Collection Regulations 1991 Contents 1. Citation 1 2. Commencement 1 3. Work excluded (Act s. 3(1) construction work) 1 3A. Certain work to repair cyclone damage excluded (Act s. 3(1) construction work) 5 3B. Certain building work for foreign countries excluded (Act s. 3(1) construction work) 5 4. When construction work commences (Act s. 3(2)(d)) 6 7. Inflation adjustments prescribed (Act s. 21(1)(a)‑(c)) 6 8. Rate per annum prescribed (Act s. 24) 7 9. Records of construction work, project owner's duties as to 7 10. Levy payments to be accompanied by approved form 7 11. Procedures prescribed for collection agencies (Act s. 27(2)) 8 12. Certificate of appointment of authorised person (Act s. 28(2)) 9 Schedule 2 Notes Compilation table 11 Defined terms Western Australia Building and Construction Industry Training Fund and Levy Collection Act 1990 Building and Construction Industry Training Fund and Levy Collection Regulations 1991

1. Citation These regulations may be cited as the Building and Construction Industry Training Fund and Levy Collection Regulations 1991 1.

2. Commencement These regulations shall come into operation on the day on which the Building and Construction Industry Training Fund and Levy Collection Act 1990 comes into operation 1.

3. Work excluded (Act s. 3(1) construction work) (1) The following work is work that is excluded from the definition of construction work under section 3(1) of the Act — (a) work the value of which is $20 000 or less; (b) work which is maintenance or repairs of a routine or minor nature carried out by employees for an employer whose primary activity is not related to the building and construction industry; (c) agricultural work; (d) government work; (e) resources operational work. (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 permit is required; 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; 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; 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; 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; (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 (ii) associated with a resources operation; (f) work for the excavation or back‑filling of soil or overburden that is associated with a resources operation; (g) work for the environmental remediation, restoration or rehabilitation of ground disturbed by a resources operation; (h) work for the closure or decommissioning of 1 or more resources facilities (including work associated with environmental remediation, 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) Schedule 2 of the Act applies for the purposes of estimating the value of work referred to in paragraph (j) of the definition of resources operational work in subregulation (2) as if references to construction work were references to that work. [Regulation 3 amended: Gazette 8 Mar 1994 p. 943; 14 Feb 1995 p. 491‑3; 13 Aug 1999 p. 3831; 29 Mar 2011 p. 1155‑6; 13 Mar 2012 p. 1040; 28 Sep 2018 p. 3584‑7.] [3AA. Deleted: Gazette 28 Sep 2018 p. 3587.]