152Development involving asbestos material

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, clause 458 (a licensed person),

(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,

(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,

(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.

(2) In this section—

asbestos removal work has the same meaning as in the Work Health and Safety Regulation 2017.

friable asbestos has the same meaning as in the Work Health and Safety Regulation 2017.

non-friable asbestos has the same meaning as in the Work Health and Safety Regulation 2017.

prescribed asbestos removal work means asbestos removal work that involves the removal of—

(a) non-friable asbestos from an area of more than 10 square metres, or

(b) friable asbestos.

Note 1—

The effect of subsection (1)(a) is that the development will be a workplace to which the Work Health and Safety Regulation 2017 applies while asbestos removal work is being undertaken.

Note 2—

Information on the removal and disposal of asbestos to landfill sites licensed to accept asbestos is available from the Environment Protection Authority.