Australian Capital Territory Numbered Regulations

DANGEROUS SUBSTANCES (GENERAL) AMENDMENT REGULATION 2015 (NO 2) (NO 13 OF 2015) - REG 5

substitute

341     Asbestos contamination report

    (1)     An "asbestos contamination report", for affected residential premises, is a report prepared by a licensed asbestos assessor that—

        (a)     identifies the location, type and condition of—

              (i)     asbestos contamination in the living area of the premises; and

              (ii)     any opening or crack through which asbestos contamination could enter the living area of the premises; and

        (b)     assesses the risk—

              (i)     resulting from the asbestos contamination in the living area of the premises; and

              (ii)     that asbestos contamination may enter the living area of the premises; and

        (c)     includes a plan that advises how the asbestos contamination should be managed (the contamination management plan ).

Note     If a form is approved under the Act

, s 222 for this provision, the form must be used.

    (2)     The contamination management plan must identify—

        (a)     work required to seal, lock or clean the living areas of the premises; and

        (b)     any location at the premises where a warning sign must be displayed.

342     Asbestos contamination report—owner and occupier responsibilities

    (1)     The owner of affected residential premises must—

        (a)     have an asbestos contamination report for the premises that—

              (i)     is less than 2 years old; and

              (ii)     was prepared after any building work at, or structural damage to, the premises that may have disturbed asbestos contamination in the roof space, wall cavity or sub-floor area; and

Examples—structural damage

              •     fire damage

              •     dislodged fixture or fitting

              •     hole in ceiling, wall or floor

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

        (b)     arrange for a licensed asbestos removal worker to do the following within 6 months after the inspection date for the report:

              (i)     any work required under the contamination management plan to seal, lock or clean the living areas of the premises;

              (ii)     install any warning sign required under the contamination management plan; and

        (c)     comply with any other requirement in the contamination management plan; and

        (d)     if the owner or anyone else is to do building work or maintenance work at the premises that may disturb asbestos contamination in the roof space, wall cavity or sub-floor area—tell the regulator about the work at least 5 business days before the day the work begins; and

        (e)     give a copy of the report to an occupier of the premises.

    (2)     An occupier of affected residential premises—

        (a)     must—

              (i)     tell a person who enters the living areas of the premises about the asbestos contamination; and

              (ii)     make a copy of the asbestos contamination report for the premises available to the person; and

        (b)     must not tamper, or attempt to tamper, with—

              (i)     work undertaken to seal, lock or clean the living areas of the premises; or

              (ii)     a warning sign required under the contamination management plan for the premises.

    (3)     This section does not apply to residential premises—

        (a)     owned by a person who has agreed, in writing, to surrender the crown lease for the premises before 1 July 2016; or

        (b)     acquired by the Territory under the buyback scheme.

    (4)     In this section:

"building work"—see the Building Act 2004

, section 6.

"buyback scheme"—see the Dangerous Substances Act 2004

, section 47N (6).

"inspection date", for an asbestos contamination report, means the date the premises were last inspected by the licensed asbestos assessor for the purposes of preparing the report.

"maintenance work" does not include minor or routine maintenance work.

343     Assessor must give copy of report to regulator and owner

A licensed asbestos assessor who prepares an asbestos contamination report for affected residential premises must give a copy of the report to—

        (a)     the regulator; and

        (b)     the owner of the premises.

344     Asbestos removal worker must give copy of work report to regulator and owner

A licensed asbestos removal worker who does work required under an asbestos contamination report for affected residential premises must—

        (a)     certify whether the work has been completed in accordance with the contamination management plan; and

        (b)     give the certification to—

              (i)     the regulator; and

              (ii)     the owner of the premises; and

              (iii)     the occupier of the premises.

Note     If a form is approved under the Act

, s 222 for this provision, the form must be used.