Australian Capital Territory Numbered Regulations

DANGEROUS SUBSTANCES (GENERAL) REGULATIONS 2004 (NO 9 OF 2004) - REG 160

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

    (a)     the asbestos or asbestos product is in plant or a vehicle used by the 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 use asbestos or an asbestos product (including a chrysotile product) for an authorised activity if the person complies with the authorised activity conditions for the authorised activity.

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

    (4)     A person is authorised to use a chrysotile product that was obtained by the person under an exemption if—

    (a)     the chrysotile product is used for the purpose stated in the exemption; and

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

    (c)     the chrysotile product is used in a way that minimises the possibility of the release into the environment of airborne asbestos fibres.

    (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).

Division 3.4     Chrysotile product exemptions