New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 458

458 Duty to ensure asbestos removalist is licensed

(1) A person conducting a business or undertaking that commissions the removal of asbestos must ensure that the asbestos removal work is carried out by a licensed asbestos removalist who is licensed to carry out the work.

: Maximum penalty--

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

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

(2) Subclause (1) does not apply if the asbestos to be removed is--

(a) 10 square metres or less of non-friable asbestos or ACD associated with the removal of that amount of non-friable asbestos, or

(b) ACD that is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.

(3) If subclause (2) applies, the person conducting the business or undertaking that commissions the asbestos removal work must ensure that the work is carried out by a competent person who has been trained in accordance with clause 445.

: Maximum penalty--

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

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