Occupational Health, Safety and Welfare (Chrysotile Asbestos) Variation Regulations 2003 (SA)

South Australia

Occupational Health, Safety and Welfare (Chrysotile Asbestos) Variation Regulations 2003

under the Occupational Health, Safety and Welfare Act 1986

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Occupational Health, Safety and Welfare Regulations 1995

1. Variation of regulation 4.2.6—Prohibited or restricted processes

2. Variation of regulation 4.2.7—General duty

3. Insertion of regulation 4.2.12

   4.2.12Special provisions relating to chrysotile asbestos

4. Variation of Schedule 5

Part 1—Preliminary

1—Short title

These regulations may be cited as the Occupational Health, Safety and Welfare (Chrysotile Asbestos) Variation Regulations 2003.

2—Commencement

These regulations will come into operation on 1 January 2004.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Occupational Health, Safety and Welfare Regulations 1995

4—Variation of regulation 4.2.6—Prohibited or restricted processes

Regulation 4.2.6(1)(b)—delete ", other than chrysotile"

5—Variation of regulation 4.2.7—General duty

Regulation 4.2.7(4)—delete subregulation (4) and substitute:

(4)A person must not—

(a)supply or use a product that consists of or contains asbestos (but this paragraph does not prevent the handling of installed asbestos for maintenance purposes, or the removal, encapsulation or enclosure of asbestos in accordance with these regulations); or

(b)supply, use or install any material that consists of or contains asbestos.

6—Insertion of regulation 4.2.12

After regulation 4.2.11 insert:

4.2.12—Special provisions relating to chrysotile asbestos

(1)Subject to this regulation, a prohibition under regulation 4.2.6 or 4.2.7 with respect to—

(a)the supply, use or handling of asbestos; or

(b)the supply or use of a product that consists of or contains asbestos; or

(c)the supply, use or installation of any material that consists of or contains asbestos,

does not apply in relation to chrysotile asbestos in a case prescribed for the purposes of this subregulation by subregulation (2).

(2)For the purposes of subregulation (1), the following cases are prescribed:

(a)the use of a product or material that consists of or contains chrysotile where the product or material was fixed or installed in a building, structure, plant, ship, vehicle or aircraft before 1 January 2004 (but this paragraph does not allow the re-use of any such product or material if it is removed on or after 1 January 2004);

(b)the handling of any chrysotile, or of any product or material that contains chrysotile, for the purposes of its removal and disposal;

(c)the supply, use, handling or installation of chrysotile, or of any product or material that contains chrysotile, for, or in connection with—

(i)the display of an item in a museum or other historical display (including any work involving the preparation, maintenance, conservation or restoration of an item, or the dismantling of an item or of a display); or

(ii)research involving asbestos or asbestos-containing material; or

(iii)sampling or analysis involving asbestos or asbestos-containing material (or suspected asbestos or asbestos-containing material);

(d)the handling of chrysotile if it is encountered during mining or quarrying operations for a mineral other than asbestos;

(e)the supply, use, handling or installation of chrysotile, or of any product or material that contains chrysotile, under an exemption published by NOHSC as part of a national strategy or program relating to the use of asbestos in Australia.

7—Variation of Schedule 5

1. Schedule 5—delete ", other than chrysotile"

2. Schedule 5—after "the Asbestos Regulations" insert:

   , or the supply, use or handling of chrysotile, or of any product or material that contains chrysotile, under regulation 4.2.12

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 20 November 2003

No 229 of 2003

MIR03/029