Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 745

745 Existing friable asbestos certificate continues as a transitional class A asbestos removal licence

(1) This section applies if—

(a) immediately before the commencement, a person holds a friable asbestos certificate; or

(b) after the commencement under repealed provisions continued under section 748—

(i) the regulator grants a person a friable asbestos certificate; or

(ii) the suspension of a friable asbestos certificate ends before the end of the term of the certificate; or

(iii) the regulator grants a person a replacement friable asbestos certificate.

(2) The certificate continues in effect unless—

(a) the certificate is cancelled, suspended, surrendered or replaced; or

(b) the regulator grants the holder of the certificate a class A asbestos removal licence under this regulation.

(3) The certificate continued in effect under subsection (2) expires on 31 December 2013, despite any other expiry date otherwise applying under the repealed WHS regulation.

Note—

Under the repealed WHS regulation, section 47(3), a friable asbestos certificate was valid for 2 years from the day it was granted unless suspended or cancelled. This section 745(3) prevails over the repealed WHS regulation, section 47(3).

(4) For the following provisions of this regulation, the certificate is taken to be a class A asbestos removal licence that authorises the carrying out of licensed asbestos removal work by the licence holder as a worker or by or on behalf of the licence holder as a person conducting a business or undertaking—

(a) parts 8.7, 8.8 and 8.10, division 1;

(b) schedule 19, dictionary, definitions
"licensed asbestos removalist" and
"licensed asbestos removal work" .

Notes—

1 Effectively, the holder of a friable asbestos removal licence to which this section applies, from the commencement, may carry out both class A asbestos removal work and class B asbestos removal work.

2 The definition
"licensed asbestos removalist" only relates to a person conducting a business or undertaking so the declaration in this subsection, so far as it applies to the definition, only applies to a person conducting a business or undertaking who holds a transitional class A asbestos removal licence.