Schedule 1 Amendments

(regulation 3)

[1] Subregulation 2 (1), before definition of Australian standard

insert

amphibole asbestos means asbestos in a form other than chrysotile.

asbestos means any of the following fibrous forms of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals:

(a) actinolite asbestos;

(b) amosite (brown asbestos);

(d) chrysotile (white asbestos)

(e) crocidolite (blue asbestos);

(f) tremolite asbestos.

[2] After regulation 4BA

insert

4C Importation of asbestos

(1) The importation into Australia of amphibole asbestos, or goods containing amphibole asbestos, is prohibited unless:

(a) the importation is of raw materials that contain naturally occurring traces of amphibole asbestos; or

(b) the Minister administering the Occupational Health and Safety (Commonwealth Employment) Act 1991 or a person authorised by that Minister confirms that he or she has granted permission to import the amphibole asbestos or goods, and the confirmation is produced to a Collector; or

(c) the importation is of hazardous waste as defined in section 4 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989.

(2) For paragraph (1) (b), the Minister or authorised person may grant permission to import the amphibole asbestos or goods.

(3) The importation into Australia of chrysotile, or goods mentioned in Part 1 of Schedule 3B that contain chrysotile, is prohibited unless:

(a) the chrysotile is, or the goods are, hazardous waste as defined in section 4 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989; or

(b) an authority of a State or Territory confirms that the proposed use of the chrysotile or goods is in accordance with the State or Territory law relating to occupational health and safety; or

(c) the Safety, Rehabilitation and Compensation Commission confirms that it has granted an exemption under the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 for the use of the chrysotile or goods; or

(d) the Seafarers Safety, Rehabilitation and Compensation Authority confirms that it has granted an exemption under the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003 for the use of the chrysotile or goods; or

(e) the Minister administering the Occupational Health and Safety (Commonwealth Employment) Act 1991 or a person authorised by that Minister confirms that he or she has granted permission to import the chrysotile or goods; or

(f) the chrysotile is, or the goods are, being imported from the Australian Antarctic Territory; or

(g) the goods are raw materials that contain naturally occurring traces of chrysotile.

(4) However, subregulation (3) does not prohibit importation into Australia of goods, containing chrysotile, that are incorporated into other goods in a way that does not constitute a risk to users until the chrysotile in the goods is disturbed.

(5) For paragraphs (3) (b), (c) and (d):

(a) both:

(i) the confirmation must state that the chrysotile is, or goods are, for a use mentioned in Part 2 of Schedule 3B; and

(ii) the chrysotile or goods must be imported on or before the date mentioned in Part 2 of Schedule 3B for that use; or

(b) the confirmation must state that the chrysotile is, or goods are for research, analysis or display.

(6) For paragraph (3) (e), the Minister or authorised person may grant permission to import chrysotile or goods only if he or she is satisfied that the chrysotile is, or goods are, for research, analysis or display.

(7) For paragraphs (3) (b), (c), (d) and (e), a copy of the confirmation must be produced to a Collector.

[3] After Schedule 3A

insert

Schedule 3B Chrysotile

(subregulation 4C (3) and paragraph 4C (5) (a))

Part 1 Goods containing chrysotile

Item	Goods
1	Cement corrugated sheets
2	Cement flat sheeting or panels
3	Cement shingles or tiles (external or ceiling)
4	Cement pipes, tubes or fittings
5	Brake linings or blocks
6	Clutch linings or brake disc pads
7	Gaskets or seals
8	Sheeting
9	Electrical panel partitioning
10	Fire blankets
11	Fire curtains
12	Gloves
13	Asbestos tape
14	Asbestos rope
15	Electrical cloth and tapes
16	Yarn and thread, cords and string, whether or not plaited
17	Lagging and jointing materials
18	Tiles
19	Sheet vinyl backing
20	Textured paints or coatings
21	Asbestos bitumen products used to damp-proof
22	Heat resistant sealing or caulking compounds
23	Mastics, sealants, putties or adhesives
24	Mixtures containing phenol formaldehyde resin or cresylic formaldehyde resin
25	Diaphragms
26	Raw materials from mining activities

Part 2 Permitted importation of chrysotile

Item	Uses for which permission may be granted	Deadline for importation
1	Use of chrysotile in compressed asbestos fibre gaskets that is: (a) for use with: (i) saturated steam; or (ii) superheated steam; or (iii) substances that are classified as dangerous goods (as defined in the Australian Code for the Transport of Dangerous Goods by Road and Rail, 6th edition, published by the Federal Office of Road Safety in 1998); or	31 December 2004
	(b) for use with chlorine in a plant used in liquid chlorine service with design process conditions of -45C and 1 500 kPa	31 December 2006
2	Use of chrysotile in a product that consists of a mixture of asbestos with a phenol formaldehyde resin or with a cresylic formaldehyde resin used in: (a) a vane for rotary vacuum pumps; or (b) a vane for rotary compressors; or (c) a split face seal of at least 150 mm in diameter used to prevent leakage of water from cooling water pumps in fossil fuel electricity generating stations	31 December 2007
3	Use of chrysotile in a diaphragm for use in electrolytic cell in an existing electrolysis plant for chlor-alkali manufacture	31 December 2006
4	Use by the Department of Defence or the Australian Defence Force of chrysotile in a part or component of a plant, if: (a) the unavailability of the part or component prevents the plant from being available for use; and (b) the unavailability of the plant prevents a mission from being undertaken; and (c) there is no reasonable alternative to the use of chrysotile	31 December 2007