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Environmental Planning and Assessment Regulation 2021
152Development involving asbestos material
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#### 152 Development involving asbestos material
152 Development involving asbestos material
> > (1) A complying development certificate for development that involves building work or demolition work must be issued subject to the following conditions—
> >
> > > (a) prescribed asbestos removal work must be undertaken by a person who conducts a business of asbestos removal work in accordance with the [Work Health and Safety Regulation 2017](/view/html/repealed/current/sl-2017-0404), clause 458 (a licensed person),
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> > > (b) the person having the benefit of the complying development certificate must give the principal certifier a copy of a signed contract with a licensed person before development under the complying development certificate commences,
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> > > (c) the contract must indicate whether asbestos will be removed, and if so, must specify the landfill site, which may lawfully receive asbestos, to which the asbestos will be delivered,
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> > > (d) if the contract indicates that asbestos will be removed to a specified landfill site—the person having the benefit of the complying development certificate must give the principal certifier a copy of a receipt from the operator of the landfill site stating that all the asbestos referred to in the contract has been received by the operator.
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> > (2) In this section—
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> > asbestos removal work has the same meaning as in the [Work Health and Safety Regulation 2017](/view/html/repealed/current/sl-2017-0404).
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> > friable asbestos has the same meaning as in the [Work Health and Safety Regulation 2017](/view/html/repealed/current/sl-2017-0404).
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> > non-friable asbestos has the same meaning as in the [Work Health and Safety Regulation 2017](/view/html/repealed/current/sl-2017-0404).
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> > prescribed asbestos removal work means asbestos removal work that involves the removal of—
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> > > (a) non-friable asbestos from an area of more than 10 square metres, or
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> > > (b) friable asbestos.
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> Note 1—
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> The effect of subsection (1)(a) is that the development will be a workplace to which the [Work Health and Safety Regulation 2017](/view/html/repealed/current/sl-2017-0404) applies while asbestos removal work is being undertaken.
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> Note 2—
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> Information on the removal and disposal of asbestos to landfill sites licensed to accept asbestos is available from the Environment Protection Authority.