Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:458
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 458
Character Range: 599781–601137

458  Duty to ensure asbestos removalist is licensed
 (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.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (2) Subregulation (1) does not apply if the asbestos to be removed is:
 (a) 10 square metres 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.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.