458Duty to ensure asbestos removalist is licensed

458 Duty to ensure asbestos removalist is licensed

458 Duty to ensure asbestos removalist is licensed

(1) A person conducting a business or undertaking who commissions the removal of asbestos must ensure that the asbestos removal work is carried out by a licensed asbestos removalist who is licensed to carry out the work.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(2) Subsection (1) does not apply if the asbestos to be removed is—

(a) 10m2 or less of non-friable asbestos or ACD associated with the removal of that amount of non-friable asbestos, or

(b) ACD that is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.

(3) If subsection (2) applies, the person conducting the business or undertaking who commissions the asbestos removal work must ensure that the work is carried out by a competent person who has been trained in accordance with section 445.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.