State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Asbestos) 2009 (2009-603) LW 18 December 2009 (NSW)

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2009 No 603

New South Wales

State Environmental Planning Policy

(Exempt and Complying Development

Codes) Amendment (Asbestos) 2009

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979. (S08/00125-4)

TONY KELLY, MLC Minister for Planning

Published LW 18 December 2009

Page 1

2009 No 603

State Environmental Planning Policy (Exempt and Complying Development

Clause 1

Codes) Amendment (Asbestos) 2009

State Environmental Planning Policy (Exempt and

Complying Development Codes) Amendment

(Asbestos) 2009

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Exempt and

Complying Development Codes) Amendment (Asbestos) 2009.

2      Commencement

This Policy commences on 18 January 2010.

3      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this

Policy commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5 (6) and 30 of the Interpretation Act 1987, affect any amendment made by this Policy.

State Environmental Planning Policy (Exempt and Complying Development

2009 No 603

Codes) Amendment (Asbestos) 2009

Amendment of State Environmental Planning Policy (Exempt and

Schedule 1

Complying Development Codes) 2008

Schedule 1

Amendment of State Environmental

Planning Policy (Exempt and Complying

Development Codes) 2008

[1]      Clause 2.26 Development standards

Insert at the end of the clause:

Note. A building constructed before 1987 may contain asbestos. Businesses are licensed to undertake asbestos removal work under the Occupational Health and Safety Regulation 2001 (refer to Working with Asbestos: Guide 2008 (ISBN 0 7310 5159 9) published by the WorkCover Authority). If the work is not undertaken by a licensed contractor it should still be undertaken in a manner that minimises risks (refer to Fibro & Asbestos—A Renovator and Homeowner’s Guide at Information on the removal and disposal of asbestos to landfill sites licensed to accept this waste is available from the Department of Environment, Climate Change and Water.

[2]      Clause 3.33 Demolition or removal of dwelling houses and ancillary development

Insert after clause 3.33 (1):

(2)

All demolition must be carried out in accordance with Australian

Standard AS 2601—2001, Demolition of structures.

[3]      Part 4, Division 1A

Insert after Division 1 of Part 4:

Division 1A

Development standards for this code

4.1A

Development standards

Any demolition of development that would be complying development under this code if it were being constructed or installed must be carried out in accordance with Australian Standard AS 2601—2001, Demolition of structures.

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