Mines Inspection Amendment (Chrysotile Asbestos) General Rule 2003 (NSW)

2003 No 989

New South Wales

Mines Inspection Amendment (Chrysotile Asbestos) General Rule 2003

under the

Mines Inspection Act 1901

Her Excellency the Governor, with the advice of the Executive Council, has made the following General Rule under the Mines Inspection Act 1901.

KERRY ARTHUR HICKEY, M.P.,

Minister for Mineral Resources

Explanatory note
The object of this General Rule is to amend the Mines Inspection General Rule 2000 as a consequence of the application to mines, from 31 December 2003, of provisions under the Occupational Health and Safety Regulation 2001 (to be made by the Occupational Health and Safety Amendment (Chrysotile Asbestos) Regulation 2003) that will phase in a prohibition on the use of chrysotile asbestos (otherwise known as white asbestos). The amendments repeal or amend provisions of the Mines Inspection General Rule 2000 that are inconsistent with those other provisions.
This General Rule is made under the Mines Inspection Act 1901, including section 56

(the general power under that Act to make General Rules).

Published in Gazette No 198 of 24 December 2003, page 11615	Page 1
2003 No 989
Clause 1	Mines Inspection Amendment (Chrysotile Asbestos) General Rule 2003

Mines Inspection Amendment (Chrysotile Asbestos)

General Rule 2003

under the

Mines Inspection Act 1901

1      Name of General Rule

This General Rule is the Mines Inspection Amendment (Chrysotile

Asbestos) General Rule 2003.

2 Commencement

This General Rule commences on 31 December 2003.

3 Amendment of Mines Inspection General Rule 2000

The Mines Inspection General Rule 2000 is amended as set out in
Schedule 1.

2003 No 989

Mines Inspection Amendment (Chrysotile Asbestos) General Rule 2003

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Clause 48 Buildings and structures—safety and health

Omit clause 48 (3)–(5).

[2]      Clause 51 Definitions

Omit the definition of asbestos-containing material.

[3]      Clause 56 Asbestos

Omit the clause.

[4]      Clause 57 Carcinogenic substances

Insert after clause 57 (1):

(1A)	Subclause (1) does not apply to asbestos.
Note. The manufacture, use and supply of asbestos are dealt with by provisions of the Occupational Health and Safety Regulation 2001 that apply to mines.

[5]      Schedule 1 Carcinogenic substances

Omit the matter relating to Chrysotile. Insert instead:

Chrysotile [12001-29-5] (white asbestos)—except when:

(a)	used for the purpose of research or analysis, or
(b)	being removed or disposed of, or being handled for storage or stored awaiting disposal, or
(c)	encountered during non-asbestos mining, or
(d)	comprising or included in an item being used for the purpose of a historical or educational display.

BY AUTHORITY