Australian Capital Territory Numbered Regulations

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DANGEROUS SUBSTANCES (GENERAL) REGULATIONS 2004 (NO 9 OF 2004) - REG 157

Authorised supply of asbestos and asbestos products—Act, s 76 (1) (b) and (3) (b)

    (1)     A person is authorised to supply asbestos or an asbestos product (including a chrysotile product) to someone else if—

    (a)     the asbestos or asbestos product is in plant or a vehicle supplied by the person to the other person; and

Note     Plant includes machinery and equipment and a building or other structure (see the Act, dict).

    (b)     the asbestos or asbestos product is fixed in place; and

    (c)     the asbestos or asbestos product was fixed in place before 31 December 2003; and

    (d)     the asbestos or asbestos product is fixed in a way that does not cause a risk unless it is disturbed.

    (2)     A person is authorised to supply asbestos or an asbestos product (including a chrysotile product) to someone else (the recipient ) if—

    (a)     the person supplies the asbestos or asbestos product to the recipient for disposal and the asbestos or asbestos product is correctly packed and labelled; or

    (b)     the person (the supplier ) supplies the asbestos or asbestos product to the recipient for an authorised activity and the supplier complies with the authorised activity conditions for the authorised activity.

    (3)     A person is authorised to supply asbestos (including chrysotile) to someone else if the person supplies the asbestos in its natural form in minimal quantities in another mineral to the other person and the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral.

    (4)     A person is authorised to supply a chrysotile product to someone else if—

    (a)     the chrysotile product was obtained by the person under an exemption; and

    (b)     the person complies with the exemption (including any conditions to which the exemption is subject); and

    (c)     the chrysotile product is correctly packed and labelled.

    (5)     This subregulation and the following provisions expire on 31 December 2007:

•     the words ‘(including a chrysotile product)' in subregulations (1) and (2)

•     the words ‘(including chrysotile)' in subregulation (3)

•     subregulation (4).

Note     For the meaning of supply , see the Act, dict.



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