Australian Capital Territory Numbered Regulations

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DANGEROUS SUBSTANCES (GENERAL) REGULATIONS 2004 (NO 9 OF 2004) - REG 161

Applications for exemptions for chrysotile products

    (1)     A person may apply in writing to the chief executive for an exemption that authorises the person to import, supply, store or use a chrysotile product (the proposed activity ) for a use mentioned in table 161.1, column 2.

Note 1     If a form is approved under the Act, s 222 for an application, the form must be used.

Note 2     A fee may be determined under the Act, s 221 for this regulation.

    (2)     An application for an exemption must include the following information (the required information ):

    (a)     the applicant's name and any business name used by the applicant;

    (b)     the applicant's address and telephone number;

    (c)     the proposed activity to which the application relates;

    (d)     the category of chrysotile product to which the application relates;

    (e)     the amount of chrysotile product to which the application relates;

    (f)     the address of the premises where the proposed activity will be carried out;

    (g)     if a person other than the applicant will be the person directly involved in the proposed activity—the name, address and telephone number of that person;

    (h)     the measures that the applicant will take, if the exemption is granted, to control the risks resulting from the use of the chrysotile product;

    (i)     if the proposed activity is the use of a chrysotile product—the name, address and telephone number of anyone who the applicant proposes will import, supply or store the chrysotile product for the applicant.

    (3)     The chief executive need not decide the application if it does not include the required information.

    (4)     This subregulation and table 161.1, item 2 expire on 31 December 2004.

    (5)     This subregulation and table 161.1, items 1 and 4 expire on 31 December 2006.

    (6)     In this regulation:

"category of chrysotile product" means the category mentioned in table 161.1, column 3.

Table 161.1         Table of exempt chrysotile product uses

column 1

item

column 2

uses for which exemption may be granted

column 3

category

column 4

latest date exemption may end

1

use of chrysotile product in a compressed asbestos fibre gasket that is for use with chlorine in a plant used in liquid chlorine service with design process conditions of—45 ° C and 1 500kPa

1

31 December 2006

2

use of chrysotile product in a compressed asbestos fibre gasket that is for use with—

    (a)     saturated steam; or

    (b)     superheated steam; or

    (c)     substances that are classified as dangerous goods under the Australian Dangerous Goods Code

1

31 December 2004

3

use of chrysotile product in a product that consists of a mixture of asbestos with a phenol formaldehyde resin or with a cresylic formaldehyde resin used in:

    (a)     a vane for rotary vacuum pumps; or

    (b)     a vane for rotary compressors; or

    (c)     a split face seal of at least 150mm in diameter used to prevent leakage of water from cooling water pumps in fossil fuel electricity generating stations

2

31 December 2007

4

use of chrysotile product in a diaphragm for use in an electrolytic cell in an existing electrolysis plant for chlor-alkali manufacture

3

31 December 2006

5

use of chrysotile product in relation to which an exemption under the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 (Cwlth) has been granted to the Department of Defence or the Australian Defence Force for mission-critical parts or components of plant

4

31 December 2007

Note     The categories in table 161.1, col 3 reflect the exemption numbering in the NOHSC model regulations, sch 2 mentioned in reg 162 (5).



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