NTIn ForceRegulation
WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011
451Determining presence of asbestos or ACM
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451 Determining presence of asbestos or ACM
(a) demolition or refurbishment is to be carried out at a workplace;
and
(b) there is no asbestos register for the structure or plant to be
demolished or refurbished at the workplace.
(2) The person conducting a business or undertaking who is to carry
out the demolition or refurbishment must not carry out the
demolition or refurbishment until the structure or plant has been
inspected to determine whether asbestos or ACM is fixed to or
Work Health and Safety (National Uniform Legislation) Regulations 2011 348
installed in the structure or plant.
(3) The person conducting a business or undertaking who is to carry
out the demolition or refurbishment must ensure that the
determination is undertaken by a competent person.
(4) The person conducting a business or undertaking who is to carry
out the demolition or refurbishment must assume that asbestos
or ACM is fixed to or installed in the structure or plant if:
(a) the competent person is, on reasonable grounds, uncertain
whether or not asbestos is fixed to or installed in the structure
or plant; or
(b) part of the structure or plant is inaccessible and likely to be
disturbed.
(5) If asbestos or ACM is determined or assumed to be fixed to or
installed in the structure or plant, the person conducting a business
or undertaking who is to carry out the demolition or refurbishment
must inform:
(a) if the workplace is residential premises:
(i) the occupier of the premises; and
(ii) the owner of the premises; and
Work Health and Safety (National Uniform Legislation) Regulations 2011 349
(b) in any other case – the person with management or control of