Victorian Numbered Acts Victorian Numbered ActsAfter Part VI of the Dangerous Goods Act 1985 insert —
In this Part—
"asbestos" has the same meaning as it has in section 55;
"management plan" means a plan for the management of risks associated with retaining asbestos on a property that complies with section 39F;
"property" includes a building, structure, ship, plant, aircraft or vehicle;
"removal plan" means a plan for the removal of asbestos that complies with section 39D;
"structure" means any construction, including a bridge, tunnel, shaft, dam, pipe or access pit, or any part of a construction, but does not include a building, ship or plant.
This Part applies to property that contains asbestos that was installed on the property on or after 1 January 2004.
(1) Subject to subsection (2), the person who has management or control of the property must notify the Authority as soon as is practicable after becoming aware—
(a) that the property contains asbestos; and
(b) that the asbestos was installed on the property on or after 1 January 2004.
(2) The person is not required to notify the Authority if—
(a) the person first becomes aware that the property contains asbestos by being informed by the Authority; or
(b) the property is a domestic premises used solely for domestic purposes.
Within 60 days after giving a notification under section 39C, or being informed by the Authority that a property contains asbestos (or such later time as determined by the Authority), the person who has management or control of the property must enter into an agreement with the Authority—
(a) to remove the asbestos in accordance with a removal plan approved by the Authority; or
(b) to manage the risks associated with retaining the asbestos on the property in accordance with a management plan approved by the Authority.
Penalty: In the case of a natural person, 500 penalty units;
In the case of a body corporate, 2500 penalty units.
(1) Without limiting the matters that a removal plan may specify, a removal plan must specify a time by which the asbestos will be removed.
(2) A person who has entered into an agreement to remove asbestos in accordance with an approved removal plan must comply with the removal plan.
Penalty: In the case of a natural person, 500 penalty units;
In the case of a body corporate, 2500 penalty units.
(1) The Authority must not approve a management plan unless it is satisfied—
(a) that it is not reasonably practicable to remove the asbestos; and
(b) that the measures set out in the management plan would result in a level of health and safety equal to or greater than that which would be achieved by removing the asbestos.
(2) When satisfying itself of whether it is reasonably practicable to remove asbestos, the Authority must consider—
(a) the likelihood of exposure to the asbestos occurring; and
(b) the degree of harm that would result if exposure to the asbestos did occur; and
(c) the availability and suitability of ways to remove the asbestos; and
(d) the cost of removing the asbestos.
(3) Without limiting the matters which may be included in a management plan, a management plan may specify a timeframe for review of the management plan, or circumstances which may result in a review of the management plan.
(4) A person who has entered into an agreement to manage asbestos in accordance with an approved management plan must comply with the management plan.
Penalty: In the case of a natural person, 500 penalty units;
In the case of a body corporate, 2500 penalty units.".