{"id":"health-asbestos-regulations-1992","name":"Health (Asbestos) Regulations 1992","slug":"health-asbestos-regulations-1992","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176745,"registerId":"wa-health-asbestos-regulations-1992-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health (Asbestos) Regulations 1992","content":"![Crest]()Western Australia\n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth (Asbestos) Regulations 1992\n\nWestern Australia\n\nHealth (Asbestos) Regulations 1992\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Interpretation 1\n\n3. Local laws 2\n\n4. Asbestos declared hazardous 2\n\nPart 2 — Asbestos cement product\n\n6. Sale or supply of an asbestos cement product 3\n\n7. Use of asbestos cement product 3\n\n7A. Asbestos dwelling‑houses 5\n\nPart 3 — Material containing asbestos\n\n8. Directions by authorised officer 7\n\n8A. Payment for work done in default 7\n\n9. Chief Health Officer may prohibit or restrict use, sale or supply of material containing asbestos 8\n\nPart 4 — Disposal of material containing asbestos\n\n11. Asbestos for disposal to be separated and contained 9\n\n12. Duty to notify others of presence of asbestos 9\n\nPart 5 — Miscellaneous\n\n14. Power to take sample 11\n\n15. Offence by owner 11\n\n15A. Offence by principal, employer or contractor 11\n\n15B. Expense incurred by CEO, Chief Health Officer or local government 12\n\n15C. Penalties for continuing offences 12\n\n15D. Infringement notices 12\n\nSchedule 1 — Prescribed offences and modified penalties\n\nSchedule 2 — Infringement notice\n\nSchedule 3 — Notice to withdraw infringement notice\n\nNotes\n\nCompilation table 20\n\nDefined terms\n\n  \n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth (Asbestos) Regulations 1992\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations may be cited as the *Health (Asbestos) Regulations 1992*.\n\n##### 2. Interpretation\n\nIn these regulations, unless the contrary intention appears —\n\n  asbestos means the asbestiform variety of mineral silicates belonging to the serpentine or amphibole groups of rock‑forming minerals and includes actinolite, amosite, anthophyllite, chrysotile, crocidolite, tremolite, and any mixture containing 2 or more of those;\n\n  asbestos cement product means a product or part of a product containing asbestos in a cement binder;\n\n  dwelling‑house does not include any associated structure or outbuilding that is not an integral part of a dwelling‑house’s structure;\n\n  material containing asbestos means material in which —\n\n(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\n\n(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.\n\n[Regulation 2 amended: Gazette 28 Jun 1994 p. 3016; 29 Dec 2000 p. 7908; 10 Jan 2017 p. 261 and 262.]\n\n##### 3. Local laws\n\nThese regulations apply to all districts as if they were local laws made under the Act.\n\n[Regulation 3 inserted: Gazette 29 Dec 2000 p. 7908.]\n\n##### 4. Asbestos declared hazardous\n\nAsbestos is declared to be a hazardous substance.\n\n[**5.** Deleted: Gazette 10 Jan 2017 p. 261.]\n\n## Part 2 — Asbestos cement product\n\n[Heading inserted: Gazette 29 Dec 2000 p. 7908.]\n\n##### 6. Sale or supply of an asbestos cement product\n\nA person who sells or supplies an asbestos cement product to another commits an offence, except when —\n\n(a) that person has the prior written approval of the Chief Health Officer and does so in accordance with that approval; or\n\n(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\n\n(c) the asbestos cement product forms part of a fixture on land when the ownership of that land is transferred to another; or\n\n(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.\n\nPenalty: a fine of $10 000.\n\n[Regulation 6 amended: Gazette 28 Jun 1994 p. 3016‑17; 29 Dec 2000 p. 7908 and p. 7911; 10 Jan 2017 p. 262; 10 Jan 2017 p. 199‑200.]\n\n##### 7. Use of asbestos cement product\n\n(1) Subject to subregulation (2), a person who uses any asbestos cement product commits an offence, except —\n\n(a) if the person is —\n\n(i) maintaining or repairing the asbestos cement product; or\n\n(ii) removing the asbestos cement product for the purpose of disposing of it in accordance with the *Environmental Protection (Controlled Waste) Regulations 2004*;\n\n(aa) if, —\n\n(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\n\n(ii) any asbestos cement product used to reinstate the structure —\n\n(I) was part of the structure before the structure was dismantled; and\n\n(II) is in a stable, undamaged condition;\n\nor\n\n(b) when that person has the prior written approval of the Chief Health Officer and does so in accordance with that approval.\n\nPenalty for this subregulation: a fine of $10 000.\n\n(2) Subregulation (1) does not apply to the use of asbestos cement product where —\n\n(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\n\n(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.\n\n(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.\n\nPenalty for this subregulation: a fine of $10 000.\n\n(4) For the purposes of subregulation (3), reasonable measures includes —\n\n(a) using water or other practical measures to keep airborne material containing asbestos to a minimum;\n\n(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;\n\n(c) using only vacuum cleaning equipment designed to collect asbestos fibres or wetting the area before sweeping up material containing asbestos;\n\n(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;\n\n(e) ensuring, so far as is reasonably practicable, that material containing asbestos is not broken or abraded;\n\n(f) ensuring that waste material containing asbestos is disposed of in accordance with the *Environmental Protection (Controlled Waste) Regulations 2004* as soon as practicable.\n\n[Regulation 7 amended: Gazette 28 Jun 1994 p. 3017; 29 Dec 2000 p. 7908‑9 and p. 7911; 10 Jan 2017 p. 200 and 262.]\n\n##### 7A. Asbestos dwelling‑houses\n\n(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, —\n\n(a) the dwelling‑house is not divided into more than 3 sections; and\n\n(b) that part of it built wholly or partly with an asbestos cement product is not substantially dismantled.\n\nPenalty for this subregulation: a fine of $10 000.\n\n(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.\n\n(3) A person who fails to comply with a condition imposed on an approval under subregulation (2) commits an offence.\n\nPenalty for this subregulation: a fine of $10 000.\n\n(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.\n\nPenalty for this subregulation: a fine of $10 000.\n\n[Regulation 7A inserted: Gazette 29 Dec 2000 p. 7909‑10; amended: Gazette 10 Jan 2017 p. 200‑1 and 262.]\n\n## Part 3 — Material containing asbestos\n\n##### 8. Directions by authorised officer\n\n(1) An authorised officer may, by a written notice served on —\n\n(a) the owner of material containing asbestos; or\n\n(b) the owner or occupier of premises on which material containing asbestos is present; or\n\n(c) a person handling material containing asbestos,\n\ndirect 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.\n\n(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.\n\n(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.\n\n(4) A person who fails to comply with a direction in a notice under subregulation (1) commits an offence.\n\nPenalty for this subregulation: a fine of $10 000.\n\n[Regulation 8 amended: Gazette 10 Jan 2017 p. 201, 261 and 262; 19 Sep 2017 p. 4882.]\n\n##### 8A. Payment for work done in default\n\n(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.\n\n(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).\n\n(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.\n\nPenalty for this subregulation: a fine of $10 000.\n\n[Regulation 8A inserted: Gazette 13 Aug 2002 p. 4179; amended: Gazette 10 Jan 2017 p. 201.]\n\n##### 9. Chief Health Officer may prohibit or restrict use, sale or supply of material containing asbestos\n\n(1) The Chief Health Officer may, by notice published in a newspaper circulating in the State —\n\n(a) prohibit; or\n\n(b) impose conditions or restrictions on,\n\nthe use, sale, or supply of material containing asbestos.\n\n(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.\n\n(3) A person who uses, sells, or supplies material containing asbestos in contravention of a notice made under subregulation (1) commits an offence.\n\nPenalty for this subregulation: a fine of $10 000.\n\n[Regulation 9 amended: Gazette 10 Jan 2017 p. 262; 10 Jan 2017 p. 202.]\n\n## Part 4 — Disposal of material containing asbestos\n\n[**10.** Deleted: Gazette 29 Dec 2000 p. 7910.]\n\n##### 11. Asbestos for disposal to be separated and contained\n\n(1) Subject to subregulation (2), a person commits an offence if the person —\n\n(a) supplies material containing asbestos to another person for the purpose of having that other person dispose of it; or\n\n(b) transports material containing asbestos.\n\nPenalty for this subregulation: a fine of $10 000.\n\n(2) Subregulation (1) does not apply if the material containing asbestos —\n\n(a) is separated from other material for disposal where reasonably practicable; and\n\n(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.\n\n[Regulation 11 inserted: Gazette 10 Jan 2017 p. 202.]\n\n##### 12. Duty to notify others of presence of asbestos\n\n(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.\n\n(2) A person who fails to comply with subregulation (1) commits an offence.\n\nPenalty for this subregulation: a fine of $10 000.\n\n[Regulation 12 inserted: Gazette 28 Jun 1994 p. 3018‑9; amended: Gazette 29 Dec 2000 p. 7910; 10 Jan 2017 p. 202‑3.]\n\n[**12A, 13.** Deleted: Gazette 29 Dec 2000 p. 7910.]\n\n## Part 5 — Miscellaneous\n\n##### 14. Power to take sample\n\n(1) An authorised officer may take a sample of any thing which he or she believes on reasonable grounds —\n\n(a) is an asbestos cement product or material containing asbestos; and\n\n(b) is or may be evidence in relation to an offence under these regulations.\n\n(2) When taking a sample, an authorised officer must —\n\n(a) cause no more damage to property than is reasonably necessary; and\n\n(b) divide the sample into 3 separate parts and package and label them appropriately; and\n\n(c) give one part to the person in possession of the thing from which the sample is taken; and\n\n(d) have the second part analysed; and\n\n(e) safely keep the third part for future comparison.\n\n[Regulation 14 inserted: Gazette 28 Jun 1994 p. 3019; amended: Gazette 29 Dec 2000 p. 7911; 10 Jan 2017 p. 203 and 61.]\n\n##### 15. Offence by owner\n\nThe owner of material containing asbestos who permits another person to commit an offence under these regulations commits an offence.\n\nPenalty: a fine of $10 000.\n\n[Regulation 15 inserted: Gazette 10 Jan 2017 p. 203.]\n\n##### 15A. Offence by principal, employer or contractor\n\nIf 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.\n\n[Regulation 15A inserted: Gazette 10 Jan 2017 p. 203‑4.]\n\n##### 15B. Expense incurred by CEO, Chief Health Officer or local government\n\nThe 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.\n\n[Regulation 15B inserted: Gazette 10 Jan 2017 p. 204.]\n\n##### 15C. Penalties for continuing offences\n\nFor the purposes of the *Interpretation Act 1984* section 71, in relation to an offence committed under these regulations, the penalty for each separate and further offence committed by a person is a fine of $1 000.\n\n[Regulation 15C inserted: Gazette 10 Jan 2017 p. 204.]\n\n##### 15D. Infringement notices\n\n(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.\n\n(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).\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(8) For the purposes of the *Criminal Procedure Act 2004* Part 2 —\n\n(a) the prescribed form of an infringement notice is set out in Schedule 2; and\n\n(b) the prescribed form of a notice to withdraw an infringement notice is set out in Schedule 3.\n\n[Regulation 15D inserted: Gazette 10 Jan 2017 p. 204‑5; amended: Gazette 19 Sep 2017 p. 4882.]\n\n[**16.** Deleted: Gazette 10 Jan 2017 p. 205.]\n\nSchedule 1 — Prescribed offences and modified penalties\n\n[r. 15D(1) and (2)]\n\n[Heading inserted: Gazette 10 Jan 2017 p. 206.]\n\n| **Description of offence** | | **Modified penalty** |\n| --- | --- | --- |\n| r. 6 | Selling or supplying asbestos cement product | $1 000 |\n| r. 7(1) | Using an asbestos cement product | $1 000 |\n| 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 |\n| r. 7A(1) | Moving a dwelling‑house built wholly or partly with an asbestos cement product | $2 000 |\n| r. 7A(3) | Failing to comply with a condition on an approval | $2 000 |\n| 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 |\n| r. 8 | Failing to comply with a direction in a notice | $1 000 |\n| r. 11(1)(a) | Supplying material containing asbestos to another for the purpose of having another person dispose of it | $1 000 |\n| r. 11(1)(b) | Transporting material containing asbestos | $1 000 |\n| r. 12 | Failing to inform a person that material is or contains asbestos | $1 000 |\n\n\n[Schedule 1 inserted: Gazette 10 Jan 2017 p. 206‑7.]\n\nSchedule 2 — Infringement notice\n\n[r. 15D(8)(a)]\n\n[Heading inserted: Gazette 10 Jan 2017 p. 207.]\n\n- *Health (Miscellaneous Provisions) Act 1911**Health (Asbestos) Regulations 1992***INFRINGEMENT NOTICE** Infringement\nnotice no.\n- **Alleged offender** Name\n- Address\n- **Details of alleged offence** Date or period\n- Place\n- Written law contravened *Health (Asbestos) Regulations 1992* regulation\n- Details of offence1\n- **Date of issue** Date of issue\n- **Issuing officer** Name\n- Office\n- Signature\n- **Modified penalty** $\n- **Penalty** $ 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.\n- **TAKE NOTICE** It is alleged that you have committed the above offence.**If you do not want to be prosecuted in court for the offence**, pay the modified penalty to an Approved Officer within 28 days after the date of this notice.\n- **If you do not pay** the modified penalty within the 28 days, you may be prosecuted or enforcement action may be taken under the *Fines, Penalties and Infringement Notices Enforcement Act 1994*. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.\n- **If you need more time** to pay the modified penalty, you should contact the Approved Officer at the address below.Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.\n- **If you want this matter to be dealt with by prosecution in court**, sign and date here:\n\n__________________________________ / /20\nand post this notice to the Approved Officer at the address below within 28 days after the date of this notice.\n- 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.\n- **By post**Tick the relevant box below and post this notice to:Approved Officer — *Health (Asbestos) Regulations 1992*[*Address*]\n- **How to pay** I want to pay the modified penalty. A cheque or money order (payable to Approved Officer — *Health (Asbestos) Regulations 1992*) for the modified penalty is enclosed. I want to pay the modified penalty by credit card. Please debit my credit card account.2[*details*3]**Complete all details**\n- **In person**2Pay the cashier at:[*Address*]\n- **Electronically**2[*details*3]\n- **Method of service**2 **Date of service**\n\n\nNotes to Form —\n\n1. The details should say what the alleged offender has done that is considered to be a contravention of the law.\n\n2. Delete this option if not applicable.\n\n3. Include here, when applicable, details of how a payment may be made electronically.\n\n[Schedule 2 inserted: Gazette 10 Jan 2017 p. 207‑9; amended: SL 2020/168 r. 6.]\n\nSchedule 3 — Notice to withdraw infringement notice\n\n[r. 15D(8)(b)]\n\n[Heading inserted: Gazette 10 Jan 2017 p. 210.]\n\n- *Health (Miscellaneous Provisions) Act 1911**Health (Asbestos) Regulations 1992***WITHDRAWAL OF INFRINGEMENT NOTICE** Infringement notice no.\n- **Alleged offender** Name\n- Address\n- **Details of infringement notice** Infringement notice no.\n- Date of issue\n- **Details of alleged offence** Date or period\n- Place\n- Written law contravened *Health (Asbestos) Regulations 1992* regulation\n- Details of offence\n- **Approved Officer withdrawing notice** Name\n- Office\n- Signature\n- **Date** Date of withdrawal\n- **Withdrawal of infringement notice** 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.\n- *[*Delete whichever is not applicable]* * Your refund is enclosedor * 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:\n- Approved Officer — *Health (Asbestos) Regulations 1992* [*Address*]Your signature Date\n\n\n[Schedule 3 inserted: Gazette 10 Jan 2017 p. 210‑11.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Health (Asbestos) Regulations 1992* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Health (Asbestos) Regulations 1992* | 22 May 1992 p. 2129‑34 | 22 May 1992 |\n| *Health (Asbestos) Amendment Regulations 1994* | 28 Jun 1994 p. 3016‑20 | 28 Jun 1994 |\n| *Health (Asbestos) Amendment Regulations 1997* | 11 Apr 1997 p. 1834 | 11 Apr 1997 |\n| *Health (Asbestos) Amendment Regulations (No. 2) 1998* | 14 Aug 1998 p. 4420 | 14 Aug 1998 |\n| *Health (Asbestos) Amendment Regulations 2000* | 29 Dec 2000 p. 7907‑11    (as amended in *Gazette* 30 Mar 2001 p. 1756 r. 4) | 1 Apr 2001 (see r. 2 and *Gazette* 30 Mar 2001 p. 1837) |\n| **Reprint of the *Health (Asbestos) Regulations 1992* as at 1 June 2001**   (includes amendments listed above) | | |\n| *Health (Asbestos) Amendment Regulations 2002* | 13 Aug 2002 p. 4179 | 13 Aug 2002 |\n| *Health (Asbestos) Amendment Regulations 2006* | 15 Dec 2006 p. 5622 | 15 Dec 2006 |\n| *Health (Asbestos) Amendment Regulations 2016* | 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 *Gazette* 10 Jan 2017 p. 165) |\n| *Health Regulations Amendment (Public Health) Regulations 2016* Pt. 10 | 10 Jan 2017 p. 237‑308 | 24 Jan 2017 (see r. 2(b) and Gazette 10 Jan 2017 p. 165) |\n| *Health (Asbestos) Amendment Regulations 2017* | 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)) |\n| *Health Regulations Amendment (Infringement Notices) Regulations 2020* Pt. 3 | SL 2020/168 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nasbestos 2\n\nasbestos cement product 2\n\ndwelling‑house 2\n\nmaterial containing asbestos 2\n\nreasonable measures 7(4)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have been expanded materially since first made in 1992. Later amendments (notably in 2000–2002 and 2016–2020) added detailed disposal requirements (separation and wrapping at reg 11), owner and vicarious liability provisions (regs 15, 15A), express local government powers to carry out work in default and recover costs (reg 8A), a formal sampling and evidentiary procedure (reg 14), penalties for continuing offences (reg 15C), and an administrative infringement notice regime with prescribed forms and modified penalties (reg 15D and Schedules 1–3). Those additions shifted the instrument from a relatively short hazard‑control rule set to a more comprehensive enforcement and administrative framework that combines criminal penalties, civil cost recovery and expiable infringement notices (see regs 8, 8A, 15A, 15D, 11, 12)."},"complexity_factors":["Multiple cross‑references to external instruments (Environmental Protection (Controlled Waste) Regulations 2004; Criminal Procedure Act 2004; Fines, Penalties and Infringement Notices Enforcement Act 1994; Interpretation Act 1984)","Several defined terms (asbestos; asbestos cement product; dwelling‑house; material containing asbestos; reasonable measures) that are technically specific and tie into testing standards (reg 2)","Grandfathering/exception clauses (reg 7(2) exempts pre‑existing in‑situ asbestos cement still in original position)","CHO discretion and approval routes (reg 6, reg 7, reg 7A(2), reg 9) creating conditional relief and appeals to the Minister (reg 9(2))","Multiple enforcement pathways: criminal fines (up to $10,000), continuing offence penalties ($1,000 per further offence), cost recovery orders, and an infringement notice regime with modified penalties (regs 15B, 15C, 15D; Schedule 1)","Vicarious liability with a due diligence defence for principals/employers/contractors (reg 15A) — introduces evidential and compliance complexity","Procedural sampling requirements (reg 14) — chain‑of‑custody, three samples, analysis obligations","Local government powers to act in default and recover costs (reg 8A) — adds administrative and enforcement steps","Schedules with prescribed forms and tiered modified penalties (Schedules 1–3)"],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- They declare asbestos a hazardous substance and set out how asbestos products and material containing asbestos must be handled, sold, transported, dismantled and disposed of in Western Australia (reg 4; reg 2 definitions).\n\n- The regulations make it an offence to sell or supply asbestos‑cement products and to use them, subject to limited exceptions (reg 6; reg 7). The standard criminal penalty for most primary offences is a fine of up to $10,000, although many offences can be dealt with by an infringement notice at a lower, fixed amount (Schedule 1).\n\n- The regulations require anyone storing, cutting, removing, moving, disposing of or otherwise handling material containing asbestos to take “reasonable measures” to stop fibres entering the air; the regulations list practical measures such as wetting, using appropriate vacuum equipment, limiting tools and prompt disposal under the Environmental Protection (Controlled Waste) Regulations 2004 (reg 7(3)–(4); cross‑ref to Controlled Waste regs).\n\n- Special rules apply to moving dwelling‑houses that contain asbestos cement: a house must not be divided into more than three sections when moved unless the Chief Health Officer (CHO) gives prior written approval; deliberate cutting or breaking of asbestos cement in the course of moving is an offence (reg 7A).\n\n- Authorised officers can serve written directions on owners, occupiers or handlers to maintain, repair, remove, move or dispose of asbestos material within a stated time. The recipient has 28 days to seek review by the State Administrative Tribunal (reg 8(1), (3)). Failure to comply is an offence (reg 8(4)).\n\n- If a person ignores a direction, a local government may carry out the required work and recover the expenses from the non‑complying person (reg 8A). The court may also order a convicted person to pay expenses incurred by the CEO, CHO or local government (reg 15B).\n\n- The CHO may publish notices in a newspaper prohibiting or restricting the use, sale or supply of material containing asbestos; affected persons may appeal to the Minister (reg 9).\n\n- Disposal rules require that asbestos destined for disposal be separated and wrapped or contained so fibres cannot escape (reg 11). Anyone who gives asbestos to another for disposal must inform that person it contains asbestos (reg 12).\n\n- Enforcement tools include powers for authorised officers to take samples (with specified sampling procedure and chain‑of‑custody steps), owner and vicarious liability provisions (owners, principals, employers and contractors can be prosecuted in prescribed circumstances), continuing offence penalties, and an infringement notice regime with prescribed forms (regs 14, 15, 15A, 15C, 15D; Schedules 1–3).\n\n\n**Who is affected**\n\n- Property owners and occupiers where asbestos or asbestos‑cement products are present (regs 8, 15).\n- Persons who sell, supply, use, handle, transport, remove, repair or dispose of asbestos materials — including renovators, demolition contractors, waste carriers and moving‑house operators (regs 6, 7, 11, 7A).\n- Employers, principals and contractors — they can be held criminally responsible for offences committed by their agents or subcontractors unless they prove they exercised reasonable diligence (reg 15A).\n- Local governments and the Chief Health Officer — they have powers to direct work, act in default, recover costs, publish prohibitions and appoint authorised officers to issue infringement notices (regs 8, 8A, 9, 15D).\n\n\n**Why it matters (stated purpose and practical tests against costs and incentives)**\n\n- Stated purpose: limit the release of asbestos fibres (a known health hazard) by banning or tightly controlling sale/use/transport and setting required handling and disposal practices (reg 4; regs 6–12). The CHO’s powers are intended to allow public health interventions (reg 9).\n\n- Who pays: the immediate compliance costs fall on owners, businesses that handle asbestos (contractors, demolishers, waste carriers), and those who choose to move asbestos‑containing structures. If owners fail to comply, local government or the CEO may carry out work and recover costs from the non‑compliant person (reg 8A; reg 15B). Employers/principals may also face penalties for their agents’ conduct unless they can show reasonable diligence (reg 15A).\n\n- Incentives and behavioural effects:\n  - The prohibitions and penalties discourage sale and casual reuse of asbestos cement products and encourage safer disposal through approved waste channels (regs 6, 7, 11, cross‑ref to Controlled Waste regs).\n  - The owner/principal liability rules create an incentive for businesses to supervise contractors and require safe methods, increasing administrative and training costs (reg 15A).\n  - The CHO’s approval powers (for exceptions, transports or moving houses in >3 sections) create regulatory discretion — applicants can obtain exemptions but must satisfy the CHO’s safety criteria (regs 6, 7AA, 7A(2)).\n\n- Trade-offs and opportunity costs:\n  - Safer handling increases direct costs (wet methods, special vacuums, approved disposal) and may raise the price of renovation/demolition and house‑moving services. That can shift activity to owners who either leave asbestos in place (subject to grandfathering in reg 7(2)) or to professional removal firms.\n  - The regulations reduce informal recycling or resale markets for asbestos cement products (reg 6), which eliminates low‑cost supply paths but lowers the risk of inappropriate reuse.\n\n- Implementation risks and compliance burden:\n  - Enforcement requires authorised officers, sample‑testing capacity (microscopy methods specified in definition of material) and resources to publish and monitor CHO notices (reg 2 definition; reg 14; reg 9).\n  - The definition of “material containing asbestos” depends on microscopy methods and CHO‑approved methods, which may generate technical disputes about samples (reg 2; reg 14(1)).\n  - Small contractors and owner‑occupiers may bear disproportionate compliance costs to meet the “reasonable measures” standard and to manage paperwork, approvals and possible SAT review (reg 7(3)–(4); reg 8(3)).\n\n\n**Concrete mechanics of decision and enforcement**\n\n- CHO decisions and approvals: CHO can give prior written approval to sell/supply/use in limited cases and can publish prohibitions or conditions; appeals against CHO notices go to the Minister (regs 6(b), 7(b), 9(1)–(2)).\n- Authorised officers: may issue written directions (reg 8), take samples under a specified three‑part chain‑of‑custody regime (reg 14), and authorised persons can issue infringement notices (reg 15D).\n- Local government role: may perform required remedial work if the directed person fails to act and recover expenses (reg 8A), and may appoint authorised officers to issue infringement notices (reg 15D).\n\n\n**Practical takeaway**\n\nIf you own, renovate, move, demolish, transport or deal with property that may contain asbestos in WA, these regulations impose clear duties to prevent fibre release, to inform disposal contractors, and to follow specified containment and sampling procedures. Non‑compliance exposes owners, businesses and their principals to fines, remediation cost recovery and administrative enforcement via infringement notices (regs 7, 11, 12, 15, 15A, 15D)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. The page has been removed or relocated on the Western Australian Parliamentary Counsel's Office website."},"complexity_factors":["No legislative text was retrievable — only an error page was provided","No substantive legal content could be analysed","Complexity cannot be meaningfully assessed without the actual document","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Health (Asbestos) Regulations 1992 (WA) is a state subordinate instrument addressing the management of asbestos — its safe handling, removal and disposal — to protect public and worker health. Though the text wasn’t retrievable here, it would primarily affect asbestos removal workers, employers, building owners and health authorities in Western Australia and matters of workplace and environmental safety."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1992 scope. Originally focused primarily on banning new uses of asbestos cement products, the regulations have grown to include: a comprehensive infringement notice system (added 2017) with prescribed forms and delegation powers; specific controls on moving asbestos-containing dwelling houses (regulation 7A, added 2000); detailed safe work method requirements (regulation 7(4)); local government default powers to carry out work and recover costs (regulation 8A, added 2002); and expanded liability provisions covering principals and contractors (regulation 15A, added 2017). The 2017 amendments in particular transformed the enforcement framework from a purely court-based system to one incorporating administrative infringement notices."},"complexity_factors":["Moderate cross-referencing to external legislation (Environmental Protection (Controlled Waste) Regulations 2004, Criminal Procedure Act 2004, Interpretation Act 1984)","Multiple nested exceptions in regulations 6 and 7 (selling and using asbestos cement products have several 'except when' clauses)","Technical scientific definition of 'material containing asbestos' requiring specific microscopy methods (stereoscopic light microscopy at 10-40x magnification, polarised light microscopy at up to 400x)","Grandfathering provisions (regulation 7(2)) creating exceptions for structures that were already using asbestos cement when the regulations began in 1992","Delegated authority provisions allowing Chief Health Officer and local governments to appoint authorised officers and approve alternative methods","Review mechanism through State Administrative Tribunal for directions issued by authorised officers (regulation 8(3))","Vicarious liability provisions making principals, employers and contractors liable for offences committed by their workers (regulation 15A)","Infringement notice scheme with modified penalties creating a dual-track enforcement system (court prosecution vs administrative fines)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations control how asbestos is handled, sold, used, transported, and disposed of in Western Australia to protect public health. They make it illegal to sell or use asbestos cement products in most circumstances, restrict how asbestos-containing materials can be moved or handled, and set strict rules for safe disposal.\n\n**Who it affects:**\n\n- **Homeowners and property owners** – especially those with older homes built with asbestos cement (common in houses built before 1990)\n- **Tradespeople and contractors** – builders, renovators, demolition workers, and asbestos removalists\n- **Waste disposal businesses** – companies that transport or dispose of asbestos materials\n- **Local governments** – they enforce these rules and can do cleanup work if owners refuse, then bill them for the cost\n- **Buyers and sellers of property** – special rules apply when selling houses that contain asbestos cement\n\n**Key rules you need to know:**\n\n- **Selling asbestos products:** You generally cannot sell or supply asbestos cement products, with limited exceptions (such as when selling a house that still has its original asbestos materials intact)\n- **Using asbestos:** You cannot use asbestos cement products unless you're maintaining, repairing, or removing them for disposal, or you have written approval from the Chief Health Officer\n- **Moving houses:** If you move a \"fibro\" house (a dwelling built with asbestos cement), you cannot break it into more than three sections or substantially dismantle the asbestos parts without approval\n- **Safe handling:** Anyone working with asbestos must take \"reasonable measures\" to stop fibres getting into the air – this includes using wet methods, special vacuum cleaners, and avoiding power tools that create dust\n- **Disposal:** Asbestos waste must be wrapped in plastic, kept separate from other rubbish, and disposed of through approved waste facilities\n- **Notification:** You must tell anyone handling asbestos waste that it contains asbestos\n\n**Why it matters:**\n\nAsbestos fibres cause serious diseases including mesothelioma, lung cancer, and asbestosis. These regulations aim to prevent exposure during renovation, demolition, and disposal activities. Breaches can result in fines up to $10,000, and local councils can issue on-the-spot fines (infringement notices) for many offences."}},"importantCases":[],"_links":{"self":"/api/acts/health-asbestos-regulations-1992","history":"/api/acts/health-asbestos-regulations-1992/history","analysis":"/api/acts/health-asbestos-regulations-1992/analysis","conflicts":"/api/acts/health-asbestos-regulations-1992/conflicts","importantCases":"/api/acts/health-asbestos-regulations-1992/important-cases","documents":"/api/acts/health-asbestos-regulations-1992/documents"}}