Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 474

Clearance certificates

    (1)     This section applies if a clearance inspection has been made in accordance with section 473.

    (2)     The licensed asbestos assessor who carried out the clearance inspection must issue a clearance certificate, in accordance with this section, before the asbestos removal area at the workplace is re-occupied.

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).

    (3)     The licensed asbestos assessor must ensure that the asbestos removal area does not pose a risk to health and safety from exposure to asbestos.

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).

    (4)     The licensed asbestos assessor must not issue a clearance certificate unless satisfied that—

        (a)     the asbestos removal area, and the area immediately surrounding it, are free from visible asbestos contamination; and

        (b)     if the assessor undertook air monitoring as part of the clearance inspection—the monitoring shows asbestos below 0.01 fibres/mL.

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).

    (5)     The clearance certificate must be in writing and must state that—

        (a)     the assessor found no visible asbestos residue from asbestos removal work in the area, or in the vicinity of the area, where the work was carried out; and

        (b)     if air monitoring was carried out by the assessor as part of the clearance inspection—the airborne asbestos fibre level was less than 0.01 asbestos fibres/mL.



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