Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) A licensed asbestos removalist removing friable asbestos must ensure, so far as is reasonably practicable, the following:
(a) the asbestos removal area is enclosed to prevent the release of respirable asbestos fibres;
(b) negative pressure is used;
(c) the wet method of asbestos removal is used;
(d) the asbestos removal work does not commence until the air monitoring is commenced by a licensed asbestos assessor;
(e) air monitoring is undertaken during the asbestos removal work, at times decided by the independent licensed asbestos assessor undertaking the monitoring.
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) A licensed asbestos removalist must ensure that any enclosure used in removing friable asbestos is tested for leaks.
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 removalist must not dismantle an enclosure for a friable asbestos removal area until the removalist receives results of air monitoring, showing that the recorded respirable asbestos fibre level within the enclosure is below 0.01 fibres/mL, from—
(a) if the friable asbestos is removed from residential premises—the licensed asbestos assessor who undertook the air monitoring; or
(b) in any other case—the person who commissioned the Class A asbestos removal work.
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 removalist must ensure that an enclosure for a friable asbestos removal area is dismantled in a way that, so far as is reasonably practicable, eliminates the release of respirable asbestos fibre.
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 person who commissioned the removal of the friable asbestos must obtain a clearance certificate from a licensed asbestos assessor after the enclosure for the friable asbestos removal area has been dismantled.
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).