Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 452

Identification and removal of asbestos before demolition

  (1)   This regulation applies if a structure or plant at a workplace is to be demolished.

  (2)   This regulation does not apply:

  (a)   in an emergency to which regulation   454 applies; or

  (b)   to domestic premises.

  (3)   The person with management or control of the workplace, or of the structure or plant, 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.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

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


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