Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 142

    (1)     Subject to subsection (3), a person conducting a business or undertaking who proposes to carry out any of the following demolition work must ensure that written notice is given to the regulator in accordance with this section at least 5 days before the work commences:

        (a)     demolition of a structure, or a part of a structure that is load-bearing or otherwise related to the physical integrity of the structure, that is at least 6m in height;

        (b)     demolition work involving load shifting machinery on a suspended floor;

        (c)     demolition work involving explosives;

        (d)     demolition of a structure or part of a structure that contains, or has contained, loose-fill asbestos insulation.

Maximum penalty: tier I monetary penalty.

Note 1     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

Note 2     If a form is approved under the title="A2011-35">Act

, s 277 for the notice, the form must be used.

Note 3     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see

, pt 3.4).

    (2)     Subsection (3) applies to an emergency service organisation in relation to demolition work carried out or proposed to be carried out by an emergency services worker at the direction of the emergency service organisation in responding to an emergency.

    (3)     An emergency service organisation must give notice under subsection (1) as soon as practicable (whether before or after the work is carried out).

    (4)     In this section, a reference to the height of a structure is a reference to the height of the structure measured from the lowest level of the ground immediately adjacent to the base of the structure at the point at which the height is to be measured to its highest point.

    (5)     In this section:

"loose-fill asbestos insulation"—see the href="http://www.legislation.act.gov.au/a/2004-7" title="A2004-7">Dangerous Substances Act 2004

, section 47I.