Dust Diseases Regulations 2021 (SA)

South Australia

Dust Diseases Regulations 2021

under the Dust Diseases Act 2005

1Short title

These regulations may be cited as the Dust Diseases Regulations 2021.

2Commencement

These regulations come into operation on the day on which they are made.

3Interpretation

In these regulations, unless the contrary intention appears—

Act means the Dust Diseases Act 2005.

4Prescribed industrial and commercial processes – section 8(2)

1. (1)

   For the purposes of section 8(2) of the Act, an industrial or commercial process specified in column 2 of the table in Schedule 1 clause 2 is prescribed.

2. (2)

   The prescription of an industrial or commercial process under subregulation (1) only applies to a process carried on from the date specified in relation to that process in column 3 of the table in Schedule 1 clause 2.

5Prescribed industrial and commercial processes – section 9(2)

1. (1)

   For the purposes of section 9(2) of the Act, an industrial or commercial process specified in Schedule 2 is prescribed.

2. (2)

   The prescription of an industrial or commercial process under subregulation (1) only applies to a process carried on from 1 January 1940.

Schedule 1—Prescribed industrial and commercial processes (regulation 4)

1—Interpretation

In this Schedule—

prescribed business means a business (whether incorporated or otherwise) that, at the time the relevant industrial or commercial process occurred, employed more than 20 persons.

2—Prescribed industrial and commercial processes

 

Industrial or commercial process	Relevant date
1	Mining or milling of asbestos, or associated packing or transportation of asbestos	1 January 1940
2	Manufacture of products containing asbestos	1 January 1940
3	Packing or transportation of products containing asbestos by the manufacturer of the products	1 January 1940
4	Sale or supply of products containing asbestos by the manufacturer of the products	1 January 1940
5	Use of products containing asbestos by the manufacturer of the products	1 January 1940
6	Design of any object or thing containing asbestos or products containing asbestos—
(a) in the case of a prescribed business	1 January 1960
(b) in any other case	1 July 1971
7	Sale (whether wholesale or retail) or other supply of products containing asbestos by a person other than the manufacturer of the product—
(a) in the case of a prescribed business	1 January 1960
(b) in any other case	1 July 1971
8	Installation of products containing asbestos (whether in buildings, plant and equipment, vehicles or vessels or otherwise)—
(a) in the case of a prescribed business	1 January 1960
(b) in any other case	1 July 1971
9	Use of products containing asbestos by a person other than the manufacturer of the product—
(a) in the case of a prescribed business	1 January 1960
(b) in any other case	1 July 1971
10	Any industrial or commercial process involving asbestos or products containing asbestos (not being a process referred to in items 1 to 9 above, and not including where the only involvement of asbestos or products containing asbestos in the process is the presence of asbestos or the product in a structure comprising or forming part of the premises in which the process occurred)	1 January 1976

Schedule 2—Prescribed industrial and commercial processes (regulation 5)

Mining or milling of asbestos, or associated packing or transportation of asbestos

Manufacture of products containing asbestos

Packing or transportation of products containing asbestos by the manufacturer of the products

Sale or supply of products containing asbestos by the manufacturer of the products

Use of products containing asbestos by the manufacturer of the products

Schedule 3—Revocation of Dust Diseases Regulations 2006

The Dust Diseases Regulations 2006 are revoked.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations

  Year	No	Reference	Commencement
  2021	79	Gazette 17.6.2021 p2223	17.6.2021: r 2