Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 453

Identification and removal of asbestos before demolition of residential premises

    (1)     A person conducting a business or undertaking that is to carry out the demolition of residential premises must ensure—

        (a)     that all asbestos that is likely to be disturbed by the demolition is identified; and

        (b)     so far as is reasonably practicable, that the asbestos is removed before the demolition is commenced.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

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

    (2)     This section does not apply in an emergency to which section 455 (Emergency procedure—residential premises) applies.

    (3)     Subsection (1) (b) does not apply if the purpose of the demolition is to gain access to the asbestos.



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