South Australian Current Regulations South Australian Current Regulations451—Determining presence of asbestos or ACM
(1) This regulation
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—$6 000.
(b) In
the case of a body corporate—$30 000.
(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—$6 000.
(b) In
the case of a body corporate—$30 000.
(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—$3 600.
(b) In
the case of a body corporate—$18 000.
Expiation fee:
(a) In
the case of an individual—$432.
(b) In
the case of a body corporate—$2 160.