Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 474

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

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

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.

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

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)   The licensed asbestos assessor or competent person 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 or competent person undertook air monitoring as part of the clearance inspection--the monitoring shows asbestos below 0.01   fibres/ml.

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.

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

  (a)   the assessor or competent person 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 or competent person as part of the clearance inspection--the airborne asbestos fibre level was less than 0.01   asbestos fibres/ml.