South Australia regulation

Dust Diseases Regulations 2021

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations list specific asbestos-related industrial and commercial processes that are “prescribed” for the Dust Diseases Act 2005. They tell which activities (mining, manufacture, sale, use, design, installation and related processes) are captured, and the historical dates from which each activity is treated as prescribed. It affects businesses and individuals who carried on those asbestos processes, because the specified dates determine whether the Act’s protections or obligations apply to past or ongoing conduct.

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Dust Diseases Regulations 2021

South Australia Dust Diseases Regulations 2021 under the Dust Diseases Act 2005

Contents 1 Short title 2 Commencement 3 Interpretation 4 Prescribed industrial and commercial processes—section 8(2) 5 Prescribed industrial and commercial processes—section 9(2) Schedule 1—Prescribed industrial and commercial processes (regulation 4) 1 Interpretation 2 Prescribed industrial and commercial processes Schedule 2—Prescribed industrial and commercial processes (regulation 5) Schedule 3—Revocation of Dust Diseases Regulations 2006 Legislative history

1—Short title These regulations may be cited as the Dust Diseases Regulations 2021. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Dust Diseases Act 2005. 4—Prescribed industrial and commercial processes—section 8(2) (1) For the purposes of section 8(2) of the Act, an industrial or commercial process specified in column 2 of the table in Schedule 1 clause 2 is prescribed. (2) The prescription of an industrial or commercial process under subregulation (1) only applies to a process carried on from the date specified in relation to that process in column 3 of the table in Schedule 1 clause 2. 5—Prescribed industrial and commercial processes—section 9(2) (1) For the purposes of section 9(2) of the Act, an industrial or commercial process specified in Schedule 2 is prescribed. (2) The prescription of an industrial or commercial process under subregulation (1) only applies to a process carried on from 1 January 1940. Schedule 1—Prescribed industrial and commercial processes (regulation 4) 1—Interpretation In this Schedule— prescribed business means a business (whether incorporated or otherwise) that, at the time the relevant industrial or commercial process occurred, employed more than 20 persons. 2—Prescribed industrial and commercial processes

Industrial or commercial process Relevant date 1 Mining or milling of asbestos, or associated packing or transportation of asbestos 1 January 1940 2 Manufacture of products containing asbestos 1 January 1940 3 Packing or transportation of products containing asbestos by the manufacturer of the products 1 January 1940 4 Sale or supply of products containing asbestos by the manufacturer of the products 1 January 1940 5 Use of products containing asbestos by the manufacturer of the products 1 January 1940 6 Design of any object or thing containing asbestos or products containing asbestos—

(a)	in the case of a prescribed business

1 January 1960

(b)	in any other case

1 July 1971 7 Sale (whether wholesale or retail) or other supply of products containing asbestos by a person other than the manufacturer of the product—

(a)	in the case of a prescribed business

1 January 1960

(b)	in any other case

1 July 1971 8 Installation of products containing asbestos (whether in buildings, plant and equipment, vehicles or vessels or otherwise)—

(a)	in the case of a prescribed business

1 January 1960

(b)	in any other case

1 July 1971 9 Use of products containing asbestos by a person other than the manufacturer of the product—

(a)	in the case of a prescribed business

1 January 1960

(b)	in any other case

1 July 1971 10 Any industrial or commercial process involving asbestos or products containing asbestos (not being a process referred to in items 1 to 9 above, and not including where the only involvement of asbestos or products containing asbestos in the process is the presence of asbestos or the product in a structure comprising or forming part of the premises in which the process occurred) 1 January 1976 Schedule 2—Prescribed industrial and commercial processes (regulation 5) Mining or milling of asbestos, or associated packing or transportation of asbestos Manufacture of products containing asbestos Packing or transportation of products containing asbestos by the manufacturer of the products Sale or supply of products containing asbestos by the manufacturer of the products Use of products containing asbestos by the manufacturer of the products Schedule 3—Revocation of Dust Diseases Regulations 2006 The Dust Diseases Regulations 2006 are revoked. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2021 79 Gazette 17.6.2021 p2223 17.6.2021: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Dust Diseases Regulations 2021

South Australia Dust Diseases Regulations 2021 under the Dust Diseases Act 2005

(a)	in the case of a prescribed business

1 January 1960

(b)	in any other case