Health Act 1911
Health (Asbestos) Regulations 1992
Health Act 1911
Health (Asbestos) Regulations 1992
Western Australia
Health (Asbestos) Regulations 1992
Contents
Part 1 — Preliminary
1.Citation1
2.Interpretation1
3.Local laws2
4.Asbestos declared hazardous2
5.Authorised persons2
Part 2 — Asbestos cement product
6.Sale or supply of an asbestos cement product3
7.Use of asbestos cement product3
7A.Asbestos dwelling‑houses5
Part 3 — Material containing asbestos
8.Directions by authorised persons7
8A.Payment for work done in default7
9.Executive Director may prohibit or restrict use, sale or supply of material containing asbestos8
Part 4 — Disposal of material containing asbestos
11.Asbestos for disposal to be separated etc.9
12.Duty to notify others of presence of asbestos9
Part 5 — Miscellaneous
14.Power to take sample10
15.Penalties10
16.Repeal11
Notes
Compilation table12
Provisions that have not come into operation13
Schedule 2 — Infringement notice
Schedule 3 — Notice to withdraw infringement notice
Defined terms
Western Australia
Health Act 1911
Health (Asbestos) Regulations 1992
These regulations may be cited as the Health (Asbestos) Regulations 1992 1.
In these regulations, unless the contrary intention appears —
asbestos means the asbestiform variety of mineral silicates belonging to the serpentine or amphibole groups of rock‑forming minerals and includes actinolite, amosite, anthophyllite, chrysotile, crocidolite, tremolite, and any mixture containing 2 or more of those;
asbestos cement product means a product or part of a product containing asbestos in a cement binder;
authorised person means an environmental health officer or a person authorised under regulation 5;
dwelling‑house does not include any associated structure or outbuilding that is not an integral part of a dwelling‑house’s structure;
material containing asbestos means material in which —
(a)fibrous material is able to be detected by stereoscopic light microscopy at a magnification of not less than 10 times and not greater than 40 times; and
(b)the fibrous material is able to be identified as asbestos by polarised light microscopy at a magnification of not greater than 400 times or by a method approved by the Executive Director, Public Health.
[Regulation 2 amended in Gazette 28 Jun 1994 p. 3016; 29 Dec 2000 p. 7908.]
These regulations apply to all districts as if they were local laws made under the Act.
[Regulation 3 inserted in Gazette 29 Dec 2000 p. 7908.]
Asbestos is declared to be a hazardous substance.
The Executive Director, Public Health may authorise a person in writing to be an authorised person for the purposes of these regulations.
Part 2 — Asbestos cement product
[Heading inserted in Gazette 29 Dec 2000 p. 7908.]
6.Sale or supply of an asbestos cement product
A person who sells or supplies an asbestos cement product to another commits an offence, except when —
(a)that person has the prior written approval of the Executive Director, Public Health and does so in accordance with that approval;
(b)the supply of the asbestos cement product to another is for the purpose of having that other person dispose of it in accordance with the Environmental Protection (Controlled Waste) Regulations 2000;
(c)the asbestos cement product forms part of a fixture on land when the ownership of that land is transferred to another; or
(d)the asbestos cement product forms part of a dwelling‑house (whether or not a fixture on land) which is sold or supplied and which, at that time, is not substantially dismantled.
[Regulation 6 amended in Gazette 28 Jun 1994 p. 3016‑17; 29 Dec 2000 p. 7908 and p. 7911.]
7.Use of asbestos cement product
(1)Subject to subregulation (2), a person who uses any asbestos cement product commits an offence, except —
(a)if the person is —
(i)maintaining or repairing the asbestos cement product; or
(ii)removing the asbestos cement product for the purpose of disposing of it in accordance with the Environmental Protection (Controlled Waste) Regulations 2000;
(aa)if, —
(i)for the purpose of carrying out work on, under or near a structure (which term includes a fence) containing an asbestos cement product, the person dismantles and reinstates the whole or part of the structure within a reasonable time; and
(ii)any asbestos cement product used to reinstate the structure —
(I)was part of the structure before the structure was dismantled; and
(II)is in a stable, undamaged condition;
or
(b)when that person has the prior written approval of the Executive Director, Public Health and does so in accordance with that approval.
(2)Subregulation (1) does not apply to the use of asbestos cement product where —
(a)the asbestos cement product was in use as part of a structure (which term includes a fence) when these regulations came into operation; and
(b)the use of that asbestos cement product as that part of that structure has continued, without the position of the asbestos cement product being changed, since these regulations came into operation.
(3)A person who stores, breaks, damages, cuts, maintains, repairs, removes, moves, or disposes of, or uses any material containing asbestos without taking reasonable measures to prevent asbestos fibres entering the atmosphere commits an offence.
(4)For the purposes of subregulation (3), reasonable measures includes —
(a)using water or other practical measures to keep airborne material containing asbestos to a minimum;
(b)not using any tools other than non‑powered hand tools or portable power tools that incorporate dust suppression or dust extraction attachments designed to collect asbestos fibres;
(c)using only vacuum cleaning equipment designed to collect asbestos fibres or wetting the area before sweeping up material containing asbestos;
(d)not using a high pressure water jet, or compressed air, unless in a manner which adequately prevents asbestos fibres entering the atmosphere and which is approved in writing by the Executive Director, Public Health;
(e)ensuring, so far as is reasonably practicable, that material containing asbestos is not broken or abraded;
(f)ensuring that waste material containing asbestos is disposed of in accordance with the Environmental Protection (Controlled Waste) Regulations 2000 as soon as practicable.
[Regulation 7 amended in Gazette 28 Jun 1994 p. 3017; 29 Dec 2000 p. 7908‑9 and p. 7911.]
(1)Subject to subregulation (2), a person who moves a dwelling‑house built wholly or partly with an asbestos cement product commits an offence unless, in the course of moving it, —
(a)the dwelling‑house is not divided into more than 3 sections; and
(b)that part of it built wholly or partly with an asbestos cement product is not substantially dismantled.
(2)The Executive Director, Public Health may approve, in writing, with or without conditions, the transportation of a dwelling‑house built wholly or partly with an asbestos cement product in more than 3 sections if he or she is satisfied that the dwelling‑house cannot be moved safely unless it is divided into more than 3 sections.
(3)A person must comply with a condition imposed under subregulation (2) on an approval.
(4)A person must not cut or deliberately break an asbestos cement product for the purpose of, or in the course of, moving a dwelling‑house built wholly or partly with an asbestos cement product.
[Regulation 7A inserted in Gazette 29 Dec 2000 p. 7909‑10.]
Part 3 — Material containing asbestos
8.Directions by authorised persons
(1)An authorised person may, by a written notice served on —
(a)the owner of material containing asbestos; or
(b)the owner or occupier of premises on which material containing asbestos is present; or
(c)a person handling material containing asbestos,
direct that person to maintain, repair, remove, move, dispose of, or handle the material containing asbestos in such manner and within such time as is specified in the direction.
(2)The power conferred by subregulation (1) to direct a person to maintain, repair, remove, move, dispose of, or handle material containing asbestos includes power to direct that person to do any 2 or more of those things in combination.
(3)A person who is served with a notice under subregulation (1) may, within 28 days of the service of the notice, appeal in writing against the notice to the Executive Director, Public Health who may uphold, revoke, or amend the notice.
(4)A person who fails to comply with a direction in a notice under subregulation (1) commits an offence.
8A.Payment for work done in default
(1)If a person fails to comply with a direction under regulation 8(1) (to maintain, repair, remove, move, dispose of, or handle material containing asbestos) in the manner, or within the time, specified in the direction, a local government may carry out, or make alternative arrangements to carry out, the work required to be done under that direction.
(2)The expenses incurred by the local government in ensuring that the required work is carried out shall be paid by the person whose failure to comply with a direction gave rise to the need for the local government to carry out, or make alternative arrangements to carry out, the work described in subregulation (1).
[Regulation 8A inserted in Gazette 13 Aug 2002 p. 4179.]
9.Executive Director may prohibit or restrict use, sale or supply of material containing asbestos
(1)The Executive Director, Public Health may, by notice published in a newspaper circulating in the State —
(a)prohibit; or
(b)impose conditions or restrictions on,
the use, sale, or supply of material containing asbestos.
(2)A person aggrieved by a notice made under subregulation (1) may appeal in writing against the notice to the Minister who may uphold, revoke, or amend the notice.
(3)A person who uses, sells, or supplies material containing asbestos in contravention of a notice made under subregulation (1) commits an offence.
Part 4 — Disposal of material containing asbestos
[10.Deleted in Gazette 29 Dec 2000 p. 7910.]
11.Asbestos for disposal to be separated etc.
A person shall not —
(a)supply material containing asbestos to another for the purpose of having that other person dispose of it; or
(b)transport material containing asbestos,
unless —
(c)it is separated from other material for disposal where that is reasonably practicable; and
(d)it is wrapped in plastic so as to prevent asbestos fibres entering the atmosphere, or is contained in such other manner as is approved in writing by the Executive Director, Public Health.
[Regulation 11 inserted in Gazette 28 Jun 1994 p. 3018; amended in Gazette 29 Dec 2000 p. 7910.]
12.Duty to notify others of presence of asbestos
(1)A person who supplies material containing asbestos to another for the purpose of having that other person dispose of it shall inform (whether by use of an appropriate label or otherwise) the other person that it is or contains asbestos.
[(2)deleted]
[Regulation 12 inserted in Gazette 28 Jun 1994 p. 3018‑9; amended in Gazette 29 Dec 2000 p. 7910.]
[12A, 13.Deleted in Gazette 29 Dec 2000 p. 7910.]
(1)An authorised person may take a sample of any thing which he or she believes on reasonable grounds —
(a)is an asbestos cement product or material containing asbestos; and
(b)is or may be evidence in relation to an offence under these regulations.
(2)When taking a sample, an authorised person shall —
(a)cause no more damage to property than is reasonably necessary;
(b)divide the sample into 3 separate parts and package and label them appropriately;
(c)give one part to the person in possession of the thing from which the sample is taken;
(d)have the second part analysed; and
(e)safely keep the third part for future comparison.
[Regulation 14 inserted in Gazette 28 Jun 1994 p. 3019; amended in Gazette 29 Dec 2000 p. 7911.]
(1)A person who does not comply with these regulations commits an offence.
(1a)The owner of material containing asbestos who permits another person to commit an offence under these regulations commits an offence.
(1b)Where an offence against this Act is committed by an agent, an employee, or a subcontractor, the principal, employer, or contractor is also guilty of an offence and liable to the same penalty as is prescribed for the first‑mentioned offence unless it is proved that the principal, the employer, or contractor could not by the exercise of reasonable diligence have prevented the commission of the offence by the agent, the employee, or the subcontractor.
(2)A person who commits an offence under these regulations is liable on conviction to —
(a)a penalty of not more than $1 000 and not less than —
(i)in the case of a first offence, $100;
(ii)in the case of a second offence, $200; and
(iii)in the case of a third or subsequent offence, $500;
and
(b)if that offence is a continuing offence, a daily penalty of not more than $100 and not less than $50.
(3)The court convicting a person of an offence arising from a breach of any of the provisions of these regulations may order that person to pay, in addition to a penalty, any expense incurred by the CEO, the Executive Director, Public Health, or the local government in consequence of the breach or non‑observance of the regulation to the CEO, the Executive Director, Public Health, or the local government, as the case requires.
[Regulation 15 amended in Gazette 29 Dec 2000 p. 7910‑11; 15 Dec 2006 p. 5622.]
The Health (Disposal of Asbestos Waste) Regulations 1984 are repealed.
[Schedules 1, 2 and 3 deleted in Gazette 29 Dec 2000 p. 7911.]
1This is a compilation of the Health (Asbestos) Regulations 1992 and includes the amendments made by the written laws referred to in the following table 1a. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Health (Asbestos) Regulations 1992 |
22 May 1992 p. 2129‑34 |
22 May 1992 |
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Health (Asbestos) Amendment Regulations 1994 |
28 Jun 1994 p. 3016‑20 |
28 Jun 1994 |
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Health (Asbestos) Amendment Regulations 1997 |
11 Apr 1997 p. 1834 |
11 Apr 1997 |
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Health (Asbestos) Amendment Regulations (No. 2) 1998 |
14 Aug 1998 p. 4420 |
14 Aug 1998 |
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Health (Asbestos) Amendment Regulations 2000 |
29 Dec 2000 p. 7907‑11 |
1 Apr 2001 (see r. 2 and Gazette 30 Mar 2001 p. 1837) |
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Reprint of the Health (Asbestos) Regulations 1992 as at 1 June 2001 |
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Health (Asbestos) Amendment Regulations 2002 |
13 Aug 2002 p. 4179 |
13 Aug 2002 |
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Health (Asbestos) Amendment Regulations 2006 |
15 Dec 2006 p. 5622 |
15 Dec 2006 |
1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.
Provisions that have not come into operation
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Citation |
Gazettal |
Commencement |
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Health Regulations Amendment (Public Health) Regulations 2016 Pt. 10 2 |
10 Jan 2017 p. 237‑308 |
24 Jan 2017 (see r. 2(b) and Gazette 10 Jan 2017 p. 165) |
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Health (Asbestos) Amendment Regulations 2016 r. 3‑15 3 |
10 Jan 2017 p. 199-211 |
24 Jan 2017 (see r. 2(b) and Gazette 10 Jan 2017 p. 165) |
2On the date as at which this compilation was prepared, the Health Regulations Amendment (Public Health) Regulations 2016 Pt. 10 had not come into operation. It reads as follows:
Part 10 — Health (Asbestos) Regulations 1992 amended
33.Regulations amended
This Part amends the Health (Asbestos) Regulations 1992.
34.Regulation 2 amended
In regulation 2 delete the definition of authorised person.
35.Regulation 5 deleted
Delete regulation 5.
36.Regulation 8 amended
In regulation 8(1) delete “authorised person” and insert:
authorised officer
Note:The heading to amended regulation 8 is to read:
Directions by authorised officer
37.Regulation 14 amended
In regulation 14(1) and (2) delete “authorised person” and insert:
authorised officer
38.Various references to “Executive Director, Public Health” amended
In the provisions listed in the Table delete “Executive Director, Public Health” (each occurrence) and insert:
Chief Health Officer
Table
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r. 2 def. of material containing asbestos par. (b) |
r. 6(a) |
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r. 7(1)(b) and (4)(d) |
r. 7A(2) |
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r. 8(3) |
r. 9(1) |
Note:The heading to amended regulation 9 is to read:
Chief Health Officer may prohibit or restrict use, sale or supply of material containing asbestos
3On the date as at which this compilation was prepared, Health (Asbestos) Amendment Regulations 2016 r. 3‑15 had not come into operation. They read as follows:
These regulations amend the Health (Asbestos) Regulations 1992.
(1)In regulation 6:
(a)in paragraph (a) delete “approval;” and insert:
approval; or
(b)in paragraph (b) delete “Regulations 2000;” and insert:
Regulations 2004; or
(2)At the end of regulation 6 insert:
Penalty: a fine of $10 000.
(1)In regulation 7(1)(a)(ii) delete “Regulations 2000;” and insert:
Regulations 2004;
(2)At the end of regulation 7(1) insert:
Penalty for this subregulation: a fine of $10 000.
(3)At the end of regulation 7(3) insert:
Penalty for this subregulation: a fine of $10 000.
(4)In regulation 7(4)(f) delete “Regulations 2000” and insert:
Regulations 2004
(1)At the end of regulation 7A(1) insert:
Penalty for this subregulation: a fine of $10 000.
(2)Delete regulation 7A(3) and (4) and insert:
(3)A person who fails to comply with a condition imposed on an approval under subregulation (2) commits an offence.
Penalty for this subregulation: a fine of $10 000.
(4)A person who cuts or deliberately breaks an asbestos cement product for the purpose of, or in the course of, moving a dwelling‑house built wholly or partly with an asbestos cement product commits an offence.
Penalty for this subregulation: a fine of $10 000.
At the end of regulation 8(4) insert:
Penalty for this subregulation: a fine of $10 000.
(1)In regulation 8A(2) delete “shall” and insert:
must
(2)After regulation 8A(2) insert:
(3)A person who fails to comply with the requirement to pay for expenses incurred by the local government under subregulation (2) commits an offence.
Penalty for this subregulation: a fine of $10 000.
At the end of regulation 9(3) insert:
Penalty for this subregulation: a fine of $10 000.
Delete regulation 11 and insert:
11.Asbestos for disposal to be separated and contained
(1)Subject to subregulation (2), a person commits an offence if the person —
(a)supplies material containing asbestos to another person for the purpose of having that other person dispose of it; or
(b)transports material containing asbestos.
Penalty for this subregulation: a fine of $10 000.
(2)Subregulation (1) does not apply if the material containing asbestos —
(a)is separated from other material for disposal where reasonably practicable; and
(b)is wrapped in plastic so as to prevent asbestos fibres entering the atmosphere or is contained in such other manner as is approved in writing by the Chief Health Officer.
(1)In regulation 12(1) delete “shall” and insert:
must
(2)After regulation 12(1) insert:
(2)A person who fails to comply with subregulation (1) commits an offence.
Penalty for this subregulation: a fine of $10 000.
(1)In regulation 14(2) delete “shall —” and insert:
must —
(2)In regulation 14(2) after each of paragraphs (a) to (c) insert:
and
Delete regulation 15 and insert:
The owner of material containing asbestos who permits another person to commit an offence under these regulations commits an offence.
Penalty: a fine of $10 000.
15A.Offence by principal, employer or contractor
If an offence against these regulations is committed by an agent, an employee or a subcontractor, the principal, employer or contractor is also guilty of an offence and liable to the same penalty as is prescribed for the first‑mentioned offence unless it is proved that the principal, the employer or contractor could not by the exercise of reasonable diligence have prevented the commission of the offence by the agent, the employee or the subcontractor.
15B.Expense incurred by CEO, Chief Health Officer or local government
The court convicting a person of an offence arising from a breach of any of the provisions of these regulations may order that person to pay, in addition to a penalty, any expense incurred by the CEO, the Chief Health Officer or the local government in consequence of the breach or non‑observance of the regulation to the CEO, the Chief Health Officer or the local government, as the case requires.
15C.Penalties for continuing offences
For the purposes of the Interpretation Act 1984 section 71, in relation to an offence committed under these regulations, the penalty for each separate and further offence committed by a person is a fine of $1 000.
(1)The offences specified in Schedule 1 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.
(2)The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).
(3)The Chief Health Officer may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2.
(4)The Chief Health Officer must issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
(5)A local government may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2.
(6)Each local government that appoints a person as an authorised officer under subregulation (5) must issue to the officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
(7)A certificate of authority given to a person under the Public Health Act 2016 section 30 has effect for the purposes of subregulation (4) or (6), whichever is relevant, if it meets the requirement in the subregulation.
(8)For the purposes of the Criminal Procedure Act 2004 Part 2 —
(a)the prescribed form of an infringement notice is set out in Schedule 2; and
(b)the prescribed form of a notice to withdraw an infringement notice is set out in Schedule 3.
Delete regulation 16.
At the end of the regulations insert:
Schedule 1 — Prescribed offences and modified penalties
[r. 15D(1) and (2)]
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Description of offence |
Modified penalty |
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r. 6 |
Selling or supplying asbestos cement product |
$1 000 |
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r. 7(1) |
Using an asbestos cement product |
$1 000 |
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r. 7(3) |
Storing, breaking, damaging, cutting, maintaining, repairing, removing, moving or disposing of, or using any material containing asbestos without taking reasonable measures to prevent asbestos fibres entering the atmosphere |
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r. 7A(1) |
Moving a dwelling‑house built wholly or partly with an asbestos cement product |
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r. 7A(3) |
Failing to comply with a condition on an approval |
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r. 7A(4) |
Cutting or deliberately breaking an asbestos cement product for the purpose of, or in the course of, moving a dwelling‑house built wholly or partly with an asbestos cement product |
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r. 8 |
Failing to comply with a direction in a notice |
$1 000 |
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r. 11(1)(a) |
Supplying material containing asbestos to another for the purpose of having another person dispose of it |
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r. 11(1)(b) |
Transporting material containing asbestos |
$1 000 |
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r. 12 |
Failing to inform a person that material is or contains asbestos |
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Schedule 2 — Infringement notice
[r. 15D(8)(a)]
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INFRINGEMENT NOTICE |
Infringement |
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Alleged offender |
Name |
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Address |
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Details of alleged offence |
Date or period |
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Place |
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Written law contravened |
Health (Asbestos) Regulations 1992 regulation |
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Details of offence1 |
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Date of issue |
Date of issue |
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Issuing officer |
Name |
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Office |
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Signature |
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Modified penalty |
$ |
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Penalty |
$ |
You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence. |
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TAKE NOTICE |
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty to an Approved Officer within 28 days after the date of this notice. |
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If you do not pay the modified penalty within the 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold. |
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If you need more time to pay the modified penalty, you should contact the Approved Officer at the address below. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. |
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If you want this matter to be dealt with by prosecution in court, sign and date here: |
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If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer at the address below requesting that this notice be withdrawn and setting out why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice. |
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By post Tick the relevant box below and post this notice to: Approved Officer — Health (Asbestos) Regulations 1992 [Address] |
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How to pay |
rI want to pay the modified penalty. A cheque or money order (payable to Approved Officer — Health (Asbestos) Regulations 1992) for the modified penalty is enclosed. rI want to pay the modified penalty by credit card. Please debit my credit card account.2 [details3] Complete all details |
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In person2 Pay the cashier at: [Address] |
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Electronically2 [details3] |
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Method of service2 |
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Date of service |
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Notes to Form —
1.The details should say what the alleged offender has done that is considered to be a contravention of the law.
2.Delete this option if not applicable.
3.Include here, when applicable, details of how a payment may be made electronically.
Schedule 3 — Notice to withdraw infringement notice
[r. 15D(8)(b)]
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WITHDRAWAL OF INFRINGEMENT NOTICE |
Infringement notice no. |
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Alleged offender |
Name |
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Address |
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Details of infringement notice |
Infringement notice no. |
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Date of issue |
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Details of alleged offence |
Date or period |
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Place |
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Written law contravened |
Health (Asbestos) Regulations 1992 regulation |
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Details of offence |
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Approved Officer withdrawing notice |
Name |
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Office |
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Signature |
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Date |
Date of withdrawal |
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Withdrawal of infringement notice |
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. |
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[*Delete whichever is not applicable] |
* Your refund is enclosed or * If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to: |
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Approved Officer — Health (Asbestos) Regulations 1992 [Address] Your signatureDate |
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[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
asbestos2
asbestos cement product2
authorised person2
dwelling‑house2
material containing asbestos2
reasonable measures7(4)