Resources operational work means work that is the conduct of a resources operation, or an activity ancillary to, or carried out in connection with a resources operation, including:

• erecting, below or above a mine portal of an underground mine, a conveyor belt to be used substantially below the portal; or
• mining development activities below or substantially below the mine portal of an underground mine; or
• purchasing, mobilising and constructing mobile plant or equipment, other than a dragline, for a resources operation; or
• maintaining or repairing mobile plant and draglines, including a shutdown; or
• ancillary or incidental generation, supply or transmission of electric power or steam for a resources operation; or
• loading or handling of bulk materials at a wharf; or
• installing wells, gathering lines and associated infrastructure to extract hydrocarbons and by-products, upstream of, but not in or on, a processing facility; or
• maintaining or extending haul roads used for a resources operation under a mining tenement; or
• maintaining or repairing fixed facilities, plant and equipment, other than a shutdown; or
• prospecting or exploring activities carried out in connection with mining under a mining tenement; or
• work, other than the construction of roads, to allow land access on or to a place where the following are being conducted.
• work, other than the construction of roads, to allow land access on or to a place where a resources operation is being conducted; or
• land clearing or rehabilitation work carried out in connection with mining under a mining tenement.

The Schedule Dictionary of the Regulation and provides further guidance regarding the meaning of:

• resources operational work
• resources operation
• mining
• mining tenements
• mobile plant
• shutdown

The following is not considered resources operational work (ROW):

• Erecting a conveyor belt to be used substantially on the surface of land
• constructing a dragline, or the complete deconstruction and reconstruction of a dragline in a new location if it has not moved under its own power
• constructing, deconstructing or reconstructing fixed plant or equipment
• a shutdown of fixed plant or equipment

A shutdown in relation to facilities, plant or equipment, means carrying out substantial maintenance or repair work on the facilities, plant or equipment, resulting in the cessation of the conduct of a resources operation if the cessation is for at least 30 days, and the entire period of cessation is reasonably required for the carrying out of maintenance or repair work.

In short, there are four scenarios you are most likely to encounter:

1. Work that is subject to the MINE exemption and ROW exemption - no levy payable
2. Work that is subject to the ROW exemption - WHS payable
3. Work that is subject to the MINE exemption - BCIT and LSL payable
4. Work that isn’t included in either the MINE or ROW exemption - full levy payable

You should notify QLeave of the building and construction works you are intending on carrying out that will cost more than $150,000.

In your notification you can apply for relief from the components of levy you don’t believe you need to pay. You will be required to provide documentation supporting your claim.

QLeave will assess your claim, make a determination in accordance with section 7 of the Regulation.

We will provide you with a written response of our decision, along with what steps you can take if you disagree.

To understand how the legislation applies to your specific project or work type, we recommend reviewing the legislation under the Act and Regulation directly or seeking further advice from QLeave.