Occupational Safety and Health Amendment Regulations 2001 (WA)

Case
No judgment structure available for this case.

30 March 2001 GOVERNMENT GAZETTE, WA 1767

WORKSAFE

WS301*

Occupational Safety and Health Act 1984

Occupational Safety and Health Amendment

Regulations 2001

Made by the Governor in Executive Council.

1.             Citation

These regulations may be cited as the Occupational Safety and
Health Amendment Regulations 2001.

2.             Commencement

These regulations come into operation on 1 July 2001.

3.             The regulations amended

The amendments in these regulations are to the Occupational
Safety and Health Regulations 1996*.
[* Reprinted as at 15 October 1999.

For amendments to 10 January 2001 see 1999 Index to
Legislation of Western Australia, Table 4, p. 196, and Gazette
2 June 2000.]

4.             Part 3 Division 5 replaced

Part 3 Division 5 is repealed and the following Division is inserted instead —

Division 5 — Prevention of falls at workplaces

3.48. Definition
In this Division —
“anchorage” means an anchorage point for a fall

injury prevention system;

“fall injury prevention system” means a system

designed to —

(a)

arrest a person’s fall from one level at a workplace to another; and

(b)

minimise the risk of injury or harm to a person who falls from one level at a workplace to another.

1768 GOVERNMENT GAZETTE, WA 30 March 2001
3.49. Identification and assessment of hazards in relation
to falling

Without limiting regulation 3.1, a person who, at a workplace, is an employer, the main contractor, a self-employed person, a person having control of the workplace or a person having control of access to the workplace must —

(a)

identify each hazard to which a person at the workplace is likely to be exposed in relation to the person falling from one level at the workplace to another;

(b)

assess the risk of injury or harm to a person resulting from each hazard, if any, identified under paragraph (a); and

(c)

consider the means by which the risk may be reduced.

Penalty: $25 000.

3.50. Anchorage and fall injury prevention systems to be
capable of withstanding forces caused by a fall

An employer, main contractor, self-employed person or the person having control of the workplace must ensure that an anchorage or a fall injury prevention system at a workplace is designed, manufactured, constructed,

selected, or installed so as to be capable of
withstanding the force applied to it as a result of a
person’s fall at the workplace.
Penalty: $25 000.
3.51. Inspection etc. of fall injury prevention systems

A person who, at a workplace, is an employer, the main contractor, a self-employed person or the person having control of the workplace must ensure, in relation to

each fall injury prevention system provided at the
workplace that —
(a) each component of the system and its means of attachment to an anchorage is inspected by a competent person —

(i)      after it is installed but before it is used;

(ii)      at regular intervals; and

(iii)      immediately after it has operated or should have operated in relation to a person’s free fall at the workplace;

and

(b)

any component of the system or its means of attachment to an anchorage that, on an inspection referred to in paragraph (a), shows

30 March 2001 GOVERNMENT GAZETTE, WA 1769

wear or weakness is withdrawn from use until it
is replaced with a properly functioning

component.

Penalty: $25 000.

3.52. Fall injury prevention system to be protected where
welding etc. being done

If welding or an allied process is being done at a workplace where a fall injury prevention system is in operation then a person who, at the workplace, is an employer, the main contractor or a self-employed person must ensure that —

(a)

a person using the system is protected from hot particles or sparks resulting from the welding or allied process; and

(b)

the system is protected from hot particles or sparks resulting from the welding or allied process.

Penalty: $25 000.

3.53. Inspection of anchorages

A person who, at a workplace, is an employer, the main contractor, a self-employed person or the person having control of the workplace must ensure —

(a)

that an anchorage at the workplace is inspected by a competent person and —

(i) in the case of an anchorage that is
permanently fixed and in regular use,

6 months; and

(ii)      in the case of an anchorage that is permanently fixed but not in regular use, inspected before it is used;

(b) where, in the opinion of the competent person, an anchorage is worn or the load bearing capacity of the anchorage may be impaired —

(i)      that the anchorage is not used while it is in that condition; and

(ii)      while the anchorage is in that condition, that it is tagged to indicate that it is not to be used;

and

(c)

that an anchorage that has been repaired is not used unless it has been inspected by a competent person who is of the opinion that the anchorage can be used again.

Penalty: $25 000.

1770 GOVERNMENT GAZETTE, WA 30 March 2001
3.54. Protection in relation to holes and openings
(1) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having
control of the workplace must ensure that any hole or
opening (other than a liftwell, stairwell or vehicle
inspection pit) with dimensions of more than 200 mm x
200 mm but less than 2 metres x 2 metres or with a
diameter greater than 200 mm but less than 2 metres —

(a)

in a floor, other than a concrete floor, of a building or structure at the workplace is covered with a material that is —

(i) strong enough to prevent persons or

the hole or opening; and

(ii)      securely fixed to the floor;

or

(b)

in a concrete floor of a building or structure at the workplace —

(i) has, if practicable, wire mesh that meets

and

(ii)      is covered with a material that is —

(I) strong enough to prevent
persons or things entering or
falling through or into the hole
or opening; and
(II) securely fixed to the floor.

(2)

The wire in the wire mesh referred to in subregulation (1)(b)(i) is required to —

(a) be at least 4 mm in diameter;
(b) have maximum apertures of 75 mm x 75 mm;
(c) be embedded, at least 200 mm in the edges of the surrounding concrete; and
(d) be embedded either —

(i)      in the upper half of the slab with a minimum concrete cover of 20 mm; or

(ii)      in the lower half of the slab with a minimum cover of 30 mm.

(3) A person to whom subregulation (1) applies must
ensure that —
(a) wire mesh referred to in
subregulation (1)(b)(i) —

(i)      is not used as a working platform; and

(ii)      is only removed for the purposes of installing services in circumstances

30 March 2001 GOVERNMENT GAZETTE, WA 1771

where the removal takes place
immediately before the installation of a
service and the only portion removed is
the minimum portion required to be

removed for the installation;

and

(b) any cover referred to in subregulation (1)(a) or
(b) (ii) —

(i)      is marked in clearly legible lettering with the words “DANGER — HOLE BENEATH”; and

(ii)      is only removed for the purposes of installing services in circumstances where the removal takes place

immediately before the installation of a
service.

Penalty applicable to subregulations (1) and (3):

$25 000.

3.55. Edge protection
(1) A person who at a workplace, is an employer, the main
contractor, a self-employed person or a person having
control of the workplace must ensure that edge
protection that complies with subregulation (5) is
provided and kept in place whenever there is a risk that
a person could fall 2 or more metres from the edge
of —

(a)

a scaffold, fixed stair, landing or suspended slab at the workplace; or

(b) formwork or falsework at the workplace.

Penalty: $25 000.

(2) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having
control of the workplace must ensure that either —
(a) edge protection that complies with
subregulation (5) is provided and kept in place
whenever there is a risk that a person could fall
3 or more metres from an edge at the workplace

subregulation (1); or

(b)

a fall injury prevention system is provided and in operation whenever there is a risk that a person could fall 3 or more metres from an edge at the workplace other than an edge referred to in subregulation (1).

Penalty: $25 000.

(3) When a fall injury prevention system that is designed to
be attached to a person is provided in accordance with
1772 GOVERNMENT GAZETTE, WA 30 March 2001

subregulation (2)(b), a person who is at risk of falling
from the structure must use the system.

Penalty: $5 000.

(4) When a fall injury prevention system that is not
designed to be attached to a person is provided in
accordance with subregulation (2)(b), a person who is
at risk of falling from the structure must ensure, before
the person ascends the structure, that the system is in
operation.
Penalty: $5 000.
(5) Edge protection must have —
(a) a top rail —

(i)      positioned not less than 900 mm and not more than 1 100 mm above the working surface; and

(ii) that is capable of withstanding a force of

guard rail system;

and

(b) either —

(i)      a mid rail and a toe board; or

(ii) a toe board and a mesh panel that greater than 75 mm x 50 mm and that fills the space between the top rail and
comprises wire that is not less than

the toe board.

3.56. Grid mesh and checker plate flooring panels

A person who, at a workplace that is a construction site, is the main contractor, an employer, or a self-employed person must ensure that if grid mesh or checker plate flooring panels are being installed at the workplace —

(a)

subject to paragraph (b), then each panel is securely fixed, in accordance with the manufacturer’s specifications, to a supporting structure before the support structure is placed into position on the building or structure under construction; and

(b)

where it is not practicable to fix the panels to a supporting structure, then each panel is securely fixed to the building or structure under construction immediately after the panel is placed into position.

Penalty: $25 000.

3.57. Working on or from brittle or fragile roofing
(1) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having
30 March 2001 GOVERNMENT GAZETTE, WA 1773

control of the workplace must ensure that if a person is
required to work on or from a roof at the workplace
where brittle or fragile material forms the whole or any

part of the roof then —

(a) the person to work on or from the roof is informed that the roof is wholly or in part brittle or fragile, as is relevant to the case;
(b) the person to work on or from the roof is provided with a safe working platform and safe access way;
(c) the person to work on or from the roof is trained and instructed on —

(i)      the precautions to be taken;

(ii)      how and where to access the roof; and

(iii)      how and where to gain access to the working platform or access way referred to in paragraph (b);

and

(d)

to the extent practicable, a warning notice bearing the words “DANGER — FRAGILE ROOFING — USE WORKING PLATFORM” is placed at each place where a person who is to work on or from the roof is to access the roof.

Penalty: $25 000.

(2)

Without limiting regulation 3.1, if at a workplace brittle or fragile material forms the whole or part of a roof that is to be removed, a person who, at the workplace, is an employer, the main contractor, a self-employed person or a person having control of the workplace must

before the roof is removed —

(a)

identify which areas of the roof are made of a brittle or fragile material; and

(b)

assess the stability of the structure that supports the roof and the soundness of the roof.

Penalty: $25 000.

(3) A person who, at a workplace, is an employer, the main
contractor, a self-employed person or a person having
control of the workplace must ensure, if a person is
required to work on or from a roof at the workplace
where brittle or fragile material forms the whole or any
part of the roof and there is a risk that that person might
fall through the roof, and if there is no other practicable
means of preventing the person falling through the
roof, that —

(a)

non-corrosive safety mesh that is capable of preventing a person falling through the roof is securely fixed directly over the top of, or directly underneath, the brittle or fragile areas; or

1774 GOVERNMENT GAZETTE, WA 30 March 2001

(b)

barriers are securely fixed and adequately maintained around the brittle or fragile areas.

Penalty: $25 000.

(4) A person must not remove a notice referred to in
subregulation (1) without the authority of the person
who caused the notice to be placed.
Penalty for a person who commits the offence as an

employee: $5 000.

Penalty in any other case: $25 000.

”.

5.             Part 3 Division 9 Subdivision 7 replaced

Part 3 Division 9 Subdivision 7 is repealed and the following
Subdivision is inserted instead —

Subdivision 7 — Demolition

3.114. Definitions

In this Subdivision —

“class 1”, in relation to demolition work, means

demolition work of any of the following kinds —

(a) work comprising the total demolition of a lowest ground level of the building or structure to the highest part of the building or
building or structure that is 10 metres or

structure;

(b) work —
(i) comprising the partial demolition of a building or structure that is 10 metres or more in height when measured from the lowest ground level of the building or structure to the highest part of the building or structure; and

(ii)      affecting the structural integrity of the building or structure;

(c) work —
(i) comprising the total or partial
demolition of a building or structure;
and

(ii)

involving the use of load shifting equipment on a suspended floor;

(d) work comprising the total or partial
demolition of pre-tensioned or

building or structure;

(e) work comprising the total or partial demolition of a building or structure containing precast concrete elements erected

by the tilt-up method of construction;

30 March 2001 GOVERNMENT GAZETTE, WA 1775
(f) work involving the removal of key structural members of a building or structure so that the whole or a part of the building or structure

collapses;

(g) work done to a building or structure involving explosives;
(h) work comprising the demolition or partial demolition of a building or structure that involves the use of a tower crane or any crane with a safe working load greater than 100 tonnes;
(i) work involving the removal of an area of more above the lowest ground level of the
brittle or fragile roofing material in excess of
200m2 from a building or structure if any

building or structure;

“class 2”, in relation to demolition work, means

demolition work comprising the total or partial demolition of a building or structure that is less than 10 metres in height when measured from the

lowest ground level of the building or structure to
the highest part of the building or structure but

does not include —

(a) the total or partial demolition of a single storey dwelling; or
(b) work of a kind referred to in paragraphs (c),

“class 1”;

“class 3”, in relation to demolition work, means work comprising the removal of more than 200m2 of
asbestos cement roofing from a building or
structure that is less than 10 metres in height when
measured from the lowest ground level of the
building or structure to the highest part of the
building or structure;

“demolition” means the complete or partial

dismantling of a building or structure by

pre-planned and controlled methods or procedures;

“licence” means a licence issued under

regulation 3.116(2);

“licensed person”, in relation to class 1, class 2 or

class 3 demolition work, means a person who has
been issued with a licence that allows the person to

do that class of demolition work.

3.115. Application of Subdivision

This Subdivision does not apply to the demolition of a building or structure by a person in the metal

1776 GOVERNMENT GAZETTE, WA 30 March 2001

fabrication or engineering industry in the course of maintaining, refurbishing, upgrading, modifying or decommissioning plant.

3.116. Class 1, 2 or 3 demolition licences
(1) A person may, in an approved form, apply to the
Commissioner to be licensed to do class 1, class 2 or
class 3 demolition work and the application is to be
accompanied by the appropriate fee set out in
Schedule 6.1A, which is to be refunded if the
application is refused.
(2) On an application under subregulation (1) the
Commissioner may issue to the applicant a licence to
do class 1, class 2 or class 3 demolition work if the
Commissioner is satisfied that the applicant is able to
do that class of demolition work in a safe and proper
manner.

(3)

A licence may be issued subject to such conditions that the Commissioner sees fit and endorses on the licence.

(4) A licence has effect for 2 years from its issue unless it
is sooner cancelled or suspended under
subregulation (5).
(5) The Commissioner may, by notice in writing, cancel or
suspend a licence issued to a person if —
(a) the person is convicted of an offence against these regulations or the Act; or
(b) in the opinion of the Commissioner, the person —

(i)      breaches a condition of the licence; or

(ii)      is unable to comply with a condition of the licence or a provision of these regulations or the Act.

3.117.

Offence to do class 1, 2 or 3 demolition work unless licensed to do so and work to be done in accordance with conditions of licence

(1) A person must not do class 1 demolition work unless
the person has been issued with a licence to do class 1
demolition work and the work is done in accordance
with the conditions of the licence, if any.
(2) A person must not do class 2 demolition work unless
the person has been issued with a licence to do class 1
or class 2 demolition work and the work is done in
accordance with the conditions of the licence, if any.
(3) A person must not do class 3 demolition work unless
the person has been issued with a licence to do class 1,
class 2 or class 3 demolition work and the work is done
in accordance with the conditions of the licence, if any.
30 March 2001 GOVERNMENT GAZETTE, WA 1777

Penalty applicable to subregulations (1), (2) and (3) for

a person who commits the offence as an
employee: $5 000.

Penalty applicable to subregulations (1), (2) and (3) in

any other case: $25 000.

3.118. Certain persons to ensure that persons doing class 1,
2 or 3 demolition work are licensed

A person who, at a workplace, is an employer, the main contractor, a self-employed person or the person having control of the workplace must ensure that —

(a)

any class 1 demolition work to be done at the workplace is done by a person who has been issued with a licence to do class 1 demolition work;

(b)

any class 2 demolition work to be done at the workplace is done by a person who has been issued with a licence to do class 1 or class 2 demolition work; and

(c)

any class 3 demolition work to be done at the workplace is done by a person who has been issued with a licence to do class 1, class 2 or class 3 demolition work.

Penalty: $25 000.

3.119. Commissioner to be notified of intention to do
class 1, 2 or 3 demolition work in accordance with
Standard
(1) A person who wishes to do class 1, class 2 or class 3
demolition work in a manner that would be in
accordance with AS 2601 is to notify the
Commissioner at least 5 working days before the work
is intended to begin.
(2) The notification is to be in an approved form and is to
be accompanied —
(a) by the name of the licensed person who will do the demolition work;
(b) subject to subregulation (3), by written demolition work will be done in accordance

with AS 2601;

(c) by written confirmation of the licensed person
that another person will not be allowed to do
the demolition work unless that person has been
trained in safe methods of demolition work by a
training organisation registered under the

framework; and

1778 GOVERNMENT GAZETTE, WA 30 March 2001

(d)

by written confirmation of the licensed person that the demolition work will be directly supervised by a competent person at all times when the demolition work is being done.

(3)

For the purposes of subregulation (2)(b) it is not necessary for the licensed person to give written confirmation that the work plan required to be prepared

under AS 2601 will be submitted to the Commissioner
for approval.
3.120. Application for Commissioner’s approval to do
class 1, 2 or 3 demolition work not in accordance
with Standard

(1)

A person who wishes to do class 1, class 2 or class 3 demolition work but to do the work in a manner that would not be in accordance with AS 2601 is to apply,

at least 10 working days before the work is intended to
begin, to the Commissioner for approval to do the
work.
(2) The application is to be in an approved form and is to
be accompanied by —

(a)

the work plan referred to in AS 2601 in respect of the demolition work; and

(b)

such other information as the Commissioner requires to consider the application.

3.121. Commissioner to acknowledge receipt and result of
application and may impose conditions
(1) The Commissioner is to acknowledge the receipt of an
application under regulation 3.120 within 10 days of
receiving the application.
(2) The acknowledgment is to include either —

(a)

advice to the effect that the demolition work has not been approved by the Commissioner;

(b)

advice to the effect that the demolition work has been approved by the Commissioner without conditions; or

(c)

advice to the effect that the demolition work has been approved by the Commissioner on conditions imposed or to be imposed by the Commissioner.

(3) The Commissioner may impose any condition that the
Commissioner thinks is necessary in relation to any
occupational safety and health matter in respect of
demolition work that is the subject of an application
under regulation 3.120 but if the Commissioner
imposes a condition then it must be communicated to
the applicant within 50 days from the day of the
acknowledgment.
30 March 2001 GOVERNMENT GAZETTE, WA 1779
3.122. Class 1, 2 or 3 demolition work not to be done
without notification or approval or until conditions
set

A person must not do class 1, class 2 or class 3 demolition work unless —

(a)

in the case of work to be done in accordance with AS 2601, the Commissioner has been notified in accordance with regulation 3.119; or

(b)

in the case of work that is not to be done in accordance with AS 2601, the Commissioner has approved the work under regulation 3.121 and conditions imposed or to be imposed by the Commissioner have been communicated to the person who applied for the approval.

Penalty for a person who commits the offence as an

employee: $5 000.

Penalty in any other case: $25 000.

3.123. Demolition work other than class 1, 2 or 3
demolition work to be in accordance with Standard
(1) A person who, at a workplace where demolition work
other than class 1, class 2 or class 3 demolition work is
being done, is an employer, the main contractor or a
self-employed person must ensure, subject to
subregulations (2) and (3), that the work is done in
accordance with AS 2601.
Penalty: $25 000.
(2) For the purposes of subregulation (1) it is not necessary
for a person referred to in that subregulation to ensure
that the work plan required to be prepared under
AS 2601 is submitted to the Commissioner for
approval.
(3) For the purposes of subregulation (1) it is not necessary
for a person referred to in that subregulation to ensure
that the work plan required by AS 2601 is prepared if
the thing to be demolished is —
(a) a fence or wall less than 1.8 metres in height; or

(b)

a building or structure less than 2 metres in height.

3.124. Class 1, 2 or 3 demolition work to be in accordance
with Standard or approval
(1) A licensed person must ensure, subject to
subregulation (2), that any class 1, class 2 or class 3
demolition work that is to be done in accordance with
AS 2601 and which is done by the licensed person is
done in accordance with AS 2601.
1780 GOVERNMENT GAZETTE, WA 30 March 2001
(2) For the purposes of subregulation (1) it is not necessary
for a person referred to in that subregulation to ensure
that the work plan required to be prepared under
AS 2601 is submitted to the Commissioner for
approval.
(3) A licensed person must ensure, in relation to any
class 1, class 2 or class 3 demolition work that is not to
be done in accordance with AS 2601 and which is done
by the licensed person that —
(a) the work is done in accordance with the Commissioner’s approval to do the work under regulation 3.121; and
(b) there is compliance with each condition (if any) imposed by the Commissioner in relation to the approval to do the work.

Penalty applicable to subregulations (1) and (3) for a

person who commits the offence as an
employee: $5 000.

Penalty applicable to subregulations (1) and (3) in any

other case: $25 000.

3.125. Certain documents to be at demolition workplaces
(1) A licensed person must ensure that at all times when
class 1, class 2 or class 3 demolition work is being
done by that person at a workplace, there is kept at the
workplace —

(a)

a copy of the notification or approval, as the case requires, and each condition (if any) imposed by the Commissioner, in relation to the work;

(b) a copy of AS 2601; and
(c) a copy of the work plan referred to in AS 2601.
(2) A person who, at a workplace where demolition work
other than class 1, class 2 or class 3 demolition work is
being done, is an employer, the main contractor or a
self-employed person must ensure that at all times
when the work is being done, there is kept at the
workplace —
(a) a copy of AS 2601; and
(b) a copy of the work plan referred to in AS 2601.

Penalty applicable to subregulations (1) and (2) for a

person who commits the offence as an
employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any

other case: $25 000.

(3) A person does not commit an offence under
subregulation (2) if the thing to be demolished is —
(a) a fence or wall less than 1.8 metres in height; or
30 March 2001 GOVERNMENT GAZETTE, WA 1781

(b)

a building or structure less than 2 metres in height.

3.126. Demolition work involving asbestos
(1) A person who, at a workplace where demolition work,
other than class 1, class 2 or class 3 demolition work,
that involves the demolition of a building or structure
in which there is any thermal or acoustic insulating
material containing asbestos is being done, must ensure
that the work —

(a)

does not commence or immediately ceases when the presence of the material is apparent; and

(b)

does not proceed until the material has been removed in accordance with regulation 5.45.

(2) A licensed person who is doing class 1, class 2 or
class 3 demolition work that involves the demolition of
a building or structure in which there is any thermal or
acoustic insulating material containing asbestos must
ensure that the work —
(a) does not commence or immediately ceases when the presence of the material is apparent; and
(b) does not proceed until the material has been removed in accordance with regulation 5.45.

Penalty applicable to subregulations (1) and (2) for a

person who commits the offence as an
employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any

other case: $25 000.

3.127. Limited entry to area where demolition work being
done
(1) A person who, at a workplace, is an employer, the main
contractor or a self-employed person must not allow
any person to enter or remain in an area of the
workplace where demolition work, other than class 1,
class 2 or class 3 demolition work, has commenced
other than —
(a) a person doing the work;

(b)

a person authorised by the employer, main contractor or self-employed person to enter the area for a purpose connected with doing the work; or

(c)

a person authorised under a written law to enter the area.

(2)

A licensed person must not allow any person to enter or remain in an area of a workplace where class 1, class 2

1782 GOVERNMENT GAZETTE, WA 30 March 2001

or class 3 demolition work being done by the person

has commenced other than —

(a) a person doing the work;
(b) a person authorised by the licensed person to enter the area for a purpose connected with doing the work; or
(c) a person authorised under a written law to enter the area.

Penalty applicable to subregulations (1) and (2) for a

person who commits the offence as an
employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any

other case: $25 000.

3.128. Scaffold used in demolition work to be heavy duty
scaffold
(1) A person who, at a workplace, is an employer, the main
contractor or a self-employed person must ensure that
any scaffold involved in demolition work at the
workplace, other than class 1, class 2 or class 3
demolition work —

(a)

is a heavy duty scaffold that meets the requirements of AS/NZS 1576.1;

(b)

is erected to the full height of the building or structure;

(c)

has a closely boarded platform with a minimum width of one metre that abuts on the face of the building or structure at the working level;

(d)

has a fender board not less than 900 mm high fitted on the outer edge and on the ends of the working platform;

(e)

has the external face and ends sheathed with a fire retardant material and wire mesh that has wires that are at least 3 mm in diameter and

with apertures not greater than 50 mm x
50 mm;

(f)

is maintained in position and in an effective state up to the working level of the scaffold for the whole of the period during which the demolition work is being done; and

(g)

is progressively dismantled so that the unsupported part of the scaffold does not exceed by more than 4 metres the height of the last row of ties that secure the scaffold to the building or structure.

(2) A licensed person must ensure that any scaffold
involved in class 1, class 2 or class 3 demolition work
that the person is doing at a workplace complies with
subregulation (1)(a) to (g).
30 March 2001 GOVERNMENT GAZETTE, WA 1783

Penalty applicable to subregulations (1) and (2) for a

person who commits the offence as an
employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any

other case: $25 000.

(3) A person does not commit an offence under
subregulation (1) or (2) if, proof of which is on the
person, the scaffold is otherwise in accordance with
any approval of, or a condition imposed by, the
Commissioner in relation to the demolition work.

”.

6.             Regulation 5.44 amended

Regulation 5.44(1) is amended by deleting “a fee of $3 017” and inserting instead —

“ the fee set out in Schedule 6.2A ”.

7.             Schedule 1 amended

Schedule 1 is amended as follows:

(a) in item 7 by deleting “3.55,”;
(b) by deleting items 9, 16, 31, 37 and 56.

8.             Schedules 6.1A and 6.2A inserted

(1) After Schedule 6.1 the following Schedule is inserted —

Schedule 6.1A — Fees under Part 3 Division 9

[r. 3.116.]

1.         Application for class 1 demolition work

licence (reg. 3.116(1)) $3 017

2.         Application for class 2 demolition work

licence (reg. 3.116(1)) $2 000

3.         Application for class 3 demolition work

licence (reg. 3.116(1)) $1 000

”.

(2) After Schedule 6.2 the following Schedule is inserted —

Schedule 6.2A — Fees under Part 5 Division 4

[r. 5.44.]

1.        Application for asbestos removalist licence

(reg. 5.44(1)) $3 017

”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.

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