New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 451

451 Determining presence of asbestos or ACM

(1) This clause applies if--

(a) demolition or refurbishment is to be carried out at a workplace, and

(b) there is no asbestos register for the structure or plant to be demolished or refurbished at the workplace.

(2) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must not carry out the demolition or refurbishment until the structure or plant has been inspected to determine whether asbestos or ACM is fixed to or installed in the structure or plant.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(3) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must ensure that the determination is undertaken by a competent person.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(4) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must assume that asbestos or ACM is fixed to or installed in the structure or plant if--

(a) the competent person is, on reasonable grounds, uncertain whether or not asbestos is fixed to or installed in the structure or plant, or

(b) part of the structure or plant is inaccessible and likely to be disturbed.

(5) If asbestos or ACM is determined or assumed to be fixed to or installed in the structure or plant, the person conducting a business or undertaking who is to carry out the demolition or refurbishment must inform--

(a) if the workplace is residential premises--

(i) the occupier of the premises, and

(ii) the owner of the premises, and

(b) in any other case--the person with management or control of the workplace.

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.