Health (Asbestos) Regulations 1992 (WA)
Western Australia
Health (Miscellaneous Provisions) Act 1911
Western Australia
Health (Miscellaneous Provisions) Act 1911
These regulations may be cited as the
In these regulations, unless the contrary intention appears —
(a) fibrous material is able to be detected by stereoscopic light microscopy at a magnification of not less than 10 times and not greater than 40 times; and
(b) the fibrous material is able to be identified as asbestos by polarised light microscopy at a magnification of not greater than 400 times or by a method approved by the Chief Health Officer.
These regulations apply to all districts as if they were local laws made under the Act.
Asbestos is declared to be a hazardous substance.
A person who sells or supplies an asbestos cement product to another commits an offence, except when —
(a) that person has the prior written approval of the Chief Health Officer and does so in accordance with that approval; or
(b) the supply of the asbestos cement product to another is for the purpose of having that other person dispose of it in accordance with the
Environmental Protection (Controlled Waste) Regulations 2004 ; or(c) the asbestos cement product forms part of a fixture on land when the ownership of that land is transferred to another; or
(d) the asbestos cement product forms part of a dwelling‑house (whether or not a fixture on land) which is sold or supplied and which, at that time, is not substantially dismantled.
Penalty: a fine of $10 000.
(1) Subject to subregulation (2), a person who uses any asbestos cement product commits an offence, except —
(a) if the person is —
(i) maintaining or repairing the asbestos cement product; or
(ii) removing the asbestos cement product for the purpose of disposing of it in accordance with the
Environmental Protection (Controlled Waste) Regulations 2004 ;
(aa) if, —
(i) for the purpose of carrying out work on, under or near a structure (which term includes a fence) containing an asbestos cement product, the person dismantles and reinstates the whole or part of the structure within a reasonable time; and
(ii) any asbestos cement product used to reinstate the structure —
(I) was part of the structure before the structure was dismantled; and
(II) is in a stable, undamaged condition;
or
(b) when that person has the prior written approval of the Chief Health Officer and does so in accordance with that approval.
Penalty for this subregulation: a fine of $10 000.
(2) Subregulation (1) does not apply to the use of asbestos cement product where —
(a) the asbestos cement product was in use as part of a structure (which term includes a fence) when these regulations came into operation; and
(b) the use of that asbestos cement product as that part of that structure has continued, without the position of the asbestos cement product being changed, since these regulations came into operation.
(3) A person who stores, breaks, damages, cuts, maintains, repairs, removes, moves, or disposes of, or uses any material containing asbestos without taking reasonable measures to prevent asbestos fibres entering the atmosphere commits an offence.
Penalty for this subregulation: a fine of $10 000.
(4) For the purposes of subregulation (3),
reasonable measures includes —(a) using water or other practical measures to keep airborne material containing asbestos to a minimum;
(b) not using any tools other than non‑powered hand tools or portable power tools that incorporate dust suppression or dust extraction attachments designed to collect asbestos fibres;
(c) using only vacuum cleaning equipment designed to collect asbestos fibres or wetting the area before sweeping up material containing asbestos;
(d) not using a high pressure water jet, or compressed air, unless in a manner which adequately prevents asbestos fibres entering the atmosphere and which is approved in writing by the Chief Health Officer;
(e) ensuring, so far as is reasonably practicable, that material containing asbestos is not broken or abraded;
(f) ensuring that waste material containing asbestos is disposed of in accordance with the
Environmental Protection (Controlled Waste) Regulations 2004 as soon as practicable.
(1) Subject to subregulation (2), a person who moves a dwelling‑house built wholly or partly with an asbestos cement product commits an offence unless, in the course of moving it, —
(a) the dwelling‑house is not divided into more than 3 sections; and
(b) that part of it built wholly or partly with an asbestos cement product is not substantially dismantled.
Penalty for this subregulation: a fine of $10 000.
(2) The Chief Health Officer may approve, in writing, with or without conditions, the transportation of a dwelling‑house built wholly or partly with an asbestos cement product in more than 3 sections if he or she is satisfied that the dwelling‑house cannot be moved safely unless it is divided into more than 3 sections.
(3) A person who fails to comply with a condition imposed on an approval under subregulation (2) commits an offence.
Penalty for this subregulation: a fine of $10 000.
(4) A person who cuts or deliberately breaks an asbestos cement product for the purpose of, or in the course of, moving a dwelling‑house built wholly or partly with an asbestos cement product commits an offence.
Penalty for this subregulation: a fine of $10 000.
(1) An authorised officer may, by a written notice served on —
(a) the owner of material containing asbestos; or
(b) the owner or occupier of premises on which material containing asbestos is present; or
(c) a person handling material containing asbestos,
direct that person to maintain, repair, remove, move, dispose of, or handle the material containing asbestos in such manner and within such time as is specified in the direction.
(2) The power conferred by subregulation (1) to direct a person to maintain, repair, remove, move, dispose of, or handle material containing asbestos includes power to direct that person to do any 2 or more of those things in combination.
(3) A person who is served with a notice under subregulation (1) may, within 28 days of the service of the notice, apply to the State Administrative Tribunal for a review of the direction in the notice.
(4) A person who fails to comply with a direction in a notice under subregulation (1) commits an offence.
Penalty for this subregulation: a fine of $10 000.
(1) If a person fails to comply with a direction under regulation 8(1) (to maintain, repair, remove, move, dispose of, or handle material containing asbestos) in the manner, or within the time, specified in the direction, a local government may carry out, or make alternative arrangements to carry out, the work required to be done under that direction.
(2) The expenses incurred by the local government in ensuring that the required work is carried out must be paid by the person whose failure to comply with a direction gave rise to the need for the local government to carry out, or make alternative arrangements to carry out, the work described in subregulation (1).
(3) A person who fails to comply with the requirement to pay for expenses incurred by the local government under subregulation (2) commits an offence.
Penalty for this subregulation: a fine of $10 000.
(1) The Chief Health Officer may, by notice published in a newspaper circulating in the State —
(a) prohibit; or
(b) impose conditions or restrictions on,
the use, sale, or supply of material containing asbestos.
(2) A person aggrieved by a notice made under subregulation (1) may appeal in writing against the notice to the Minister who may uphold, revoke, or amend the notice.
(3) A person who uses, sells, or supplies material containing asbestos in contravention of a notice made under subregulation (1) commits an offence.
Penalty for this subregulation: a fine of $10 000.
(1) Subject to subregulation (2), a person commits an offence if the person —
(a) supplies material containing asbestos to another person for the purpose of having that other person dispose of it; or
(b) transports material containing asbestos.
Penalty for this subregulation: a fine of $10 000.
(2) Subregulation (1) does not apply if the material containing asbestos —
(a) is separated from other material for disposal where reasonably practicable; and
(b) is wrapped in plastic so as to prevent asbestos fibres entering the atmosphere or is contained in such other manner as is approved in writing by the Chief Health Officer.
(1) A person who supplies material containing asbestos to another for the purpose of having that other person dispose of it must inform (whether by use of an appropriate label or otherwise) the other person that it is or contains asbestos.
(2) A person who fails to comply with subregulation (1) commits an offence.
Penalty for this subregulation: a fine of $10 000.
(1) An authorised officer may take a sample of any thing which he or she believes on reasonable grounds —
(a) is an asbestos cement product or material containing asbestos; and
(b) is or may be evidence in relation to an offence under these regulations.
(2) When taking a sample, an authorised officer must —
(a) cause no more damage to property than is reasonably necessary; and
(b) divide the sample into 3 separate parts and package and label them appropriately; and
(c) give one part to the person in possession of the thing from which the sample is taken; and
(d) have the second part analysed; and
(e) safely keep the third part for future comparison.
The owner of material containing asbestos who permits another person to commit an offence under these regulations commits an offence.
Penalty: a fine of $10 000.
If an offence against these regulations is committed by an agent, an employee or a subcontractor, the principal, employer or contractor is also guilty of an offence and liable to the same penalty as is prescribed for the first‑mentioned offence unless it is proved that the principal, the employer or contractor could not by the exercise of reasonable diligence have prevented the commission of the offence by the agent, the employee or the subcontractor.
The court convicting a person of an offence arising from a breach of any of the provisions of these regulations may order that person to pay, in addition to a penalty, any expense incurred by the CEO, the Chief Health Officer or the local government in consequence of the breach or non‑observance of the regulation to the CEO, the Chief Health Officer or the local government, as the case requires.
For the purposes of the
(1) The offences specified in Schedule 1 are offences for which an infringement notice may be issued under the
Criminal Procedure Act 2004 Part 2.(2) The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of the
Criminal Procedure Act 2004 section 5(3).(3) The Chief Health Officer may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the
Criminal Procedure Act 2004 Part 2.(4) The Chief Health Officer must issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
(5) A local government may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the
Criminal Procedure Act 2004 Part 2.(6) Each local government that appoints a person as an authorised officer under subregulation (5) must issue to the officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
(7) A local government may delegate a power or duty conferred or imposed on it by this regulation to the chief executive officer of the local government.
(8) For the purposes of the
Criminal Procedure Act 2004 Part 2 —(a) the prescribed form of an infringement notice is set out in Schedule 2; and
(b) the prescribed form of a notice to withdraw an infringement notice is set out in Schedule 3.
[r. 15D(1) and (2)]
r. 6 | Selling or supplying asbestos cement product | $1 000 |
r. 7(1) | Using an asbestos cement product | $1 000 |
r. 7(3) | Storing, breaking, damaging, cutting, maintaining, repairing, removing, moving or disposing of, or using any material containing asbestos without taking reasonable measures to prevent asbestos fibres entering the atmosphere | $2 000 |
r. 7A(1) | Moving a dwelling‑house built wholly or partly with an asbestos cement product | $2 000 |
r. 7A(3) | Failing to comply with a condition on an approval | $2 000 |
r. 7A(4) | Cutting or deliberately breaking an asbestos cement product for the purpose of, or in the course of, moving a dwelling‑house built wholly or partly with an asbestos cement product | $2 000 |
r. 8 | Failing to comply with a direction in a notice | $1 000 |
r. 11(1)(a) | Supplying material containing asbestos to another for the purpose of having another person dispose of it | $1 000 |
r. 11(1)(b) | Transporting material containing asbestos | $1 000 |
r. 12 | Failing to inform a person that material is or contains asbestos | $1 000 |
[r. 15D(8)(a)]
Infringement notice no. | ||||||
Name | ||||||
Address | ||||||
Date or period | ||||||
Place | ||||||
Written law contravened | ||||||
Details of offence | ||||||
Date of issue | ||||||
Name | ||||||
Office | ||||||
Signature | ||||||
$ | ||||||
$ | You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence. | |||||
It is alleged that you have committed the above offence. | ||||||
Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. | ||||||
If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer at the address below requesting that this notice be withdrawn and setting out why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice. | ||||||
Tick the relevant box below and post this notice to: Approved Officer — [ | ||||||
I want to pay the modified penalty. A cheque or money order (payable to Approved Officer — I want to pay the modified penalty by credit card. Please debit my credit card account. [ | ||||||
Pay the cashier at: [ | ||||||
[ | ||||||
Notes to Form —
1. The details should say what the alleged offender has done that is considered to be a contravention of the law.
2. Delete this option if not applicable.
3. Include here, when applicable, details of how a payment may be made electronically.
[r. 15D(8)(b)]
Infringement notice no. | |||
Name | |||
Address | |||
Infringement notice no. | |||
Date of issue | |||
Date or period | |||
Place | |||
Written law contravened | |||
Details of offence | |||
Name | |||
Office | |||
Signature | |||
Date of withdrawal | |||
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. | |||
* Your refund is enclosed or * If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to: | |||
Approved Officer — [ Your signature Date | |||
This is a compilation of the
22 May 1992 p. 2129‑34 | 22 May 1992 | |
28 Jun 1994 p. 3016‑20 | 28 Jun 1994 | |
11 Apr 1997 p. 1834 | 11 Apr 1997 | |
14 Aug 1998 p. 4420 | 14 Aug 1998 | |
29 Dec 2000 p. 7907‑11 (as amended in | 1 Apr 2001 (see r. 2 and | |
13 Aug 2002 p. 4179 | 13 Aug 2002 | |
15 Dec 2006 p. 5622 | 15 Dec 2006 | |
10 Jan 2017 p. 199‑211 | r. 1 and 2: 10 Jan 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Jan 2017 (see r. 2(b) and | |
10 Jan 2017 p. 237‑308 | 24 Jan 2017 (see r. 2(b) and Gazette 10 Jan 2017 p. 165) | |
19 Sep 2017 p. 4882 | r. 1 and 2: 19 Sep 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Sep 2017 (see r. 2(b)) | |
SL 2020/168 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) | |
asbestos.............................................................................................................................. 2
asbestos cement product................................................................................................. 2
dwelling‑house................................................................................................................. 2
material containing asbestos.......................................................................................... 2
reasonable measures................................................................................................... 7(4)
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