Duty to ensure asbestos removalist is licensed
458 Duty to ensure asbestos removalist is licensed
Note for Part 8.7
In this Part some duties are placed on licensed asbestos removalists and some on asbestos removalists generally.
(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:
in the case of an individual – $6 000.
in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) Subregulation (1) does not apply if the asbestos to be removed is:
(a) 10 m2 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 subregulation (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 regulation 445.
Maximum penalty:
in the case of an individual – $6 000.
in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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