New South Wales Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATION 2017 - REG 474

Clearance certificates

474 Clearance certificates

(1) This clause applies if a clearance inspection has been made in accordance with clause 473.
(2) The licensed asbestos assessor or competent person who carried out the clearance inspection must issue a clearance certificate, in accordance with this clause, before the asbestos removal area at the workplace is re-occupied.
: 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 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.
: 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 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.
: Maximum penalty--
(a) in the case of an individual--70 penalty units, or
(b) in the case of a body corporate--345 penalty units.
(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.



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