Western Australian Current Regulations Western Australian Current Regulations (1A) In this
regulation, work involves asbestos if the work involves manufacturing,
supplying, transporting, storing, removing, using, installing, handling,
treating, disposing of or disturbing asbestos or ACM.
(1) A person
conducting a business or undertaking must not carry out, or direct or allow a
worker to carry out, work if it involves asbestos.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(2) [not used]
(3)
Subregulation (1) does not apply if the work involving asbestos is any of
the following —
(a)
genuine research and analysis;
(b)
sampling and identification in accordance with these regulations;
(c)
maintenance of, or service work on, non‑friable asbestos or ACM, fixed
or installed before 31 December 2003, in accordance with these
regulations;
(d)
removal or disposal of asbestos or ACM, including demolition, in accordance
with these regulations;
(e) the
transport and disposal of asbestos or asbestos waste in accordance with the
Environmental Protection Act 1986 ;
(f)
demonstrations, education or practical training in relation to asbestos or
ACM;
(g)
display, or preparation or maintenance for display, of an artefact or thing
that is, or includes, asbestos or ACM;
(h)
management in accordance with these regulations of in situ asbestos that was
installed or fixed before 31 December 2003;
(i)
work that disturbs asbestos during mining operations that
involve the extraction of, or exploration for, a mineral other than asbestos;
(j)
laundering asbestos contaminated clothing in accordance with these
regulations.
(4)
Subregulation (1) does not apply if the regulator approves the method
adopted for managing risk associated with asbestos.
(5)
Subregulation (1) does not apply to the following —
(a) soil
that a competent person has determined —
(i)
does not contain any visible ACM or friable asbestos; or
(ii)
if friable asbestos is visible — does not
contain more than trace levels of asbestos determined in accordance with AS
4964:2004 (Method for the qualitative identification of asbestos in bulk
samples);
(b)
naturally occurring asbestos managed in accordance with an asbestos management
plan prepared under regulation 432.