Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:474
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 474
Character Range: 622477–624663

474  Clearance certificates
 (1) This regulation applies if a clearance inspection has been made in accordance with regulation 473.
 (2) The licensed asbestos assessor or competent person who carried out the clearance inspection must issue a clearance certificate, in accordance with this regulation, before the asbestos removal area at the workplace is re‑occupied.
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.
 (3) The licensed asbestos assessor or competent person must ensure that the asbestos removal area does not pose a risk to health and safety from exposure to asbestos.
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.
 (4) The licensed asbestos assessor or competent person must not issue a clearance certificate unless satisfied that:
 (a) the asbestos removal area, and the area immediately surrounding it, are free from visible asbestos contamination; and
 (b) if the assessor or competent person undertook air monitoring as part of the clearance inspection—the monitoring shows asbestos below 0.01 fibres/ml.
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.
 (5) The clearance certificate must be in writing and must state that:
 (a) the assessor or competent person found no visible asbestos residue from asbestos removal work in the area, or in the vicinity of the area, where the work was carried out; and
 (b) if air monitoring was carried out by the assessor or competent person as part of the clearance inspection—the airborne asbestos fibre level was less than 0.01 asbestos fibres/ml.

Part 8.8—Asbestos removal requiring Class A licence