Australian Capital Territory Numbered Regulations

WORK HEALTH AND SAFETY (ASBESTOS) AMENDMENT REGULATION 2014 (NO 1) (NO 32 OF 2014) - REG 17

New part 3.3

insert

Part 3.3     Asbestos management—non-workplace premises

311     Application—pt 3.3

    (1)     This part applies to premises if—

        (a)     asbestos or asbestos containing material is being removed from the premises; and

        (b)     at the time the asbestos or asbestos containing material is being removed, the premises are not a workplace.

    (2)     However, this part does not apply to premises if the removal of asbestos or asbestos containing material is incidental to minor or routine maintenance work, or other minor work, at the premises.

    (3)     In this section:

"workplace"—see the Work Health and Safety Act 2011

, section 8.

312     Removal of asbestos or ACM from premises

(1)     A person must not remove asbestos or asbestos containing material from premises unless the person is a licensed asbestos removalist, licensed to remove the asbestos or asbestos containing material.

Maximum penalty: 40 penalty units.

    (2)     An offence against this section is a strict liability offence.

313     Asbestos removal control plan

    (1)     A licensed asbestos removalist must prepare an asbestos removal control plan for any licensed asbestos removal work the removalist is commissioned to undertake.

Maximum penalty: 40 penalty units.

    (2)     An asbestos removal control plan must include—

        (a)     details of how the asbestos removal will be carried out, including the method to be used and the tools, equipment and personal protective equipment to be used; and

        (b)     details of the asbestos to be removed, including the location, type and condition of the asbestos.

    (3)     The licensed asbestos removalist must give a copy of the asbestos removal control plan to the person who commissioned the licensed asbestos removal work.

Maximum penalty: 24 penalty units.

    (4)     An offence against this section is a strict liability offence.

314     Asbestos removal control plan to be kept and available

    (1)     Subject to subsection (2), a licensed asbestos removalist must ensure that a copy of the asbestos removal control plan prepared under section 313 is kept until the asbestos removal work to which it relates is completed.

Maximum penalty: 24 penalty units.

    (2)     If a notifiable incident occurs in connection with the asbestos removal work to which the asbestos removal control plan relates, the licensed asbestos removalist must keep the asbestos removal control plan for at least 2 years after the incident occurs.

Maximum penalty: 24 penalty units.

    (3)     The licensed asbestos removalist must ensure that, for the period for which the asbestos removal control plan must be kept under this section, a copy is—

        (a)     readily accessible to—

              (i)     the person who commissioned the licensed asbestos removal work; and

              (ii)     if the asbestos removal work is to be carried out in residential premises—the occupants of the premises; and

        (b)     available for inspection under the Act.

Maximum penalty: 24 penalty units.

    (4)     An offence against this section is a strict liability offence.