Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 750

750 Existing bonded asbestos removal certificate continues as transitional class B asbestos removal licence

(1) This section applies if—

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

(b) after the commencement under repealed provisions continued under section 752—

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

Note—

A renewed certificate is not mentioned because under the repealed WHS regulation, section 376, there should be no renewals happening before 31 December 2012, the day to which certificates were extended under the section.

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

(iii) the regulator grants a person a replacement bonded asbestos removal 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 B asbestos removal licence under this regulation.

(3) The certificate continued in effect under subsection (2) expires at the end of 31 December 2014, despite any other expiry date otherwise applying under the repealed WHS regulation.

Note—

Under the repealed WHS regulation, section 54, a bonded asbestos removal certificate was for a term of 5 years. Under the repealed WHS regulation, 376, a certificate to which the section applied had an expiry date of the end of 31 December 2012. This section 750(3) prevails over or replaces those provisions of the repealed WHS regulation.

(4) For the following provisions of this regulation, the certificate is taken to be a class B asbestos removal licence that authorises the carrying out of class B 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 and 8.10, division 1;

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

Note—

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 B asbestos removal licence.