If you hold a demolition licence in NSW make sure you understand the changes commencing 1 March 2023.
Download a PDF copy of the Work Health and Safety Amendment (Demolition Licencing) Regulation 2022.
The information below summarises the changes to the regulation and includes further advice from SafeWork NSW developed in consultation with industry stakeholders.
On this page:
- Licence names
- Five-year licences
- Named supervisors
- New definition of licensed demolition work
- Types of demolition licences
- Chemical installations
- Training
- Penalties and on-the-spot fines
- Decisions on demolition licence applications
Licence names
- “Demolition licences” will be known as “unrestricted demolition licences”.
- “Restricted demolition licences” will still be known as “restricted demolition licences”.
Five-year licences
Demolition licences granted from 1 March 2023 will be valid for five years instead of two.
Your current two-year licence is valid until its expiry date and will be treated the same as a licence issued under the Work Health and Safety (WHS) Regulation from 1 March 2023.
Any new or renewal applications made before, but processed on or after, 1 March 2023 will be treated as if they are an application for a new or a renewal licence under the WHS Regulation.
If you lodge a new or renewal application between 1 December 2022 and 28 February 2023, we will contact you and give you the option of getting a five-year licence which will commence on 1 March 2023.
Named supervisors
A demolition licence holder carrying out licensed demolition work must ensure that whenever the work is being carried out a named supervisor:
- is present at the work site, and
- supervises the carrying out of the work.
Named supervisor has the same role as a supervisor nominated under a demolition license issued under the previous Occupational Health and Safety legislation.
If you are applying for a new licence, you will need to nominate your named supervisor on your application so we can approve them.
New definition of licensed demolition work
Licensed demolition work can only be carried out by a person with a demolition licence or at the direction of a holder of a demolition licence.
The definition of licensed demolition work has been amended to align with the “notification of demolition requirement” under clause 142 of the WHS Regulation.
Licensed demolition work will involve:
- demolition of a structure, or a part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, that is at least six metres in height,
- load shifting machinery on a suspended floor,
- explosives (unrestricted only).
Types of demolition licences
Restricted Demolition Licence
This licence allows you to carry out demolition:
- on a structure between six metres and 15 metres, and
- will affect its structural integrity, or
- involves the use of load shifting machinery on a suspended floor.
Note: additional unrestricted conditions can be added to a Restricted licence once approved by SafeWork based on relevant experience.
Unrestricted Demolition Licence
This licence allows you to carry out demolition:
- on a structure over 15 metres in height
- on a structure that is a chemical installation
- on a structure with structural components that are pre-tensioned or post-tensioned, or
- involving a tower crane
- involving a mobile crane with a rated capacity of over 100 tonnes
- involving floor propping
- involving explosives.
Chemical installations
The licence holder and/or the person conducting a business or undertaking (PCBU) must confirm whether it contains chemicals or not immediately before commencing demolition work.
You will need an unrestricted demolition licence to demolish (or partially demolish) any building, structure, major plant or installation that contains or may contain a hazardous chemical, unless it has been declared in writing to be free of hazardous chemicals by a competent person, as defined under the WHS Regulation who should put in writing, the date their declaration expires.
If you are a Restricted Demolition licence holder you can apply to SafeWork for a chemical installation condition to be added to your licence to undertake this type of work.
A competent person in this instance:
- is a person who has acquired through training, qualifications or experience, the knowledge and skills to inspect a chemical installation.
- may be a certified occupational hygienist of the Australian Institute of Occupational Hygienists.
As guidance, plant that involves a chemical installation may include, but is not limited to:
- above ground and underground tanks
- reaction, blending, boiling, conveying and other vessels
- pipework
- pipelines
- laboratories
- dispensing equipment such as fuel dispensers and gantries
- wash bays
- testing facilities
- spill, firewater and contaminated stormwater containment facilities
- contaminated ground or water table.
If an underground storage tank cannot be certified free from hazardous chemicals it is considered licensed demolition work.
Training
There are no changes to the training and qualification requirements for licence holders and named supervisors.
You will still need to successfully complete 11 units from the Certificate III in Demolition and Certificate IV in Demolition courses listed on the SafeWork NSW website.
Demolition workers
There will be a new mandatory training requirement for demolition workers.
From 1 March 2025, a demolition worker must have completed the course approved by SafeWork NSW: CPCCDE3016 – Identify hazards on demolition sites and apply.
This is one of the 11 units of competency required for licence holders and/or named supervisors.
The pre-requisite for the course is CPCCWHS2001 – Apply WHS requirements policies and procedures in the construction industry.
Who requires training?
Workers who must be trained are those who:
- physically undertake manual demolition work
- operate plant or equipment involved in demolition work
- are not directly supervised.
The following people do not require training:
- truck drivers transporting demolition waste from the site who always remain in the cabin.
- any persons not required to enter the demolition site, such as:
- persons providing services who remain outside of the demolition site
- traffic controllers, providing they remain outside of the demolition site
- persons always accompanied by a named supervisor.
Recognition of prior learning
Your registered training organisation (RTO) may consider recognising your prior learning.
Training records
You will need to keep your demolition worker training records and have them available for inspection under 142E from 1 March 2023.
The reason that this requirement comes into effect prior to the mandatory training requirement is so that licence holders are ready when the mandated training requirement commences on 1 March 2025.
Registration training organisations (RTO)
A list of RTOs offering the approved training will be published on the SafeWork NSW website when it becomes available.
If you have completed the 11 units of competency before the RTO approval program commenced, the training will still be valid.
Penalties and on-the-spot fines
From 1 March 2023, you can be fined or prosecuted under the WHS Regulation for not:
- ensuring licensed demolition work you have commissioned is carried out by a person with a licence (clause 142B).
- ensuring a named supervisor is present and supervising licensed demolition work (clause 142C)
- keeping records of the training undertaken by workers carrying out licensed demolition work, or not ensuring those records are available for inspection by SafeWork NSW (clause 142E)
- having your licence available for inspection by SafeWork NSW (clause 143I)
- providing written notice within 14 days of a change of relevant information related to your licence (clause 143J).
- applying to SafeWork NSW to remove a named supervisor from your licence within 14 days of ceasing to use that person as a supervisor (clause 143K)
- returning your licence when requested in writing and within the time specified by SafeWork NSW when the licence has been amended (clause 143P)
- notifying SafeWork NSW as soon as practicable if you lose your licence (clause 143Q)
- returning your licence to SafeWork NSW in accordance with the details (including timeframe) specified in a written notice issued by SafeWork NSW advising that your licence has been cancelled or suspended or that you are disqualified from holding a licence (clause 143ZD).
From 1 March 2025, you can be prosecuted for allowing a worker to carry out licensed demolition work without completing the SafeWork NSW approved training course (clause 142D).
Decisions on demolition licence applications
SafeWork NSW will consider all relevant matters when assessing a new or renewal demolition licence application or reviewing throughout the licence period. This will also include named supervisors.
A relevant matter includes the following:
- in relation to all WHS, demolition and explosives laws and licences in all Australian jurisdictions (that is, all States, Territories, and the Commonwealth):
- a conviction or finding of guilt
- entering into an enforceable undertaking
- refusal to grant, or a condition imposed, suspension/cancellation, or disqualification of a relevant licence.
- convictions or findings of guilt under an environmental protection law in relation to the unlawful disposal of hazardous waste in NSW and any other Australian State and Territory
- a refusal to grant, conditions imposed on, suspension or cancellation of, or disqualification from applying for a demolition, asbestos removal, high risk work or explosives licence in any Australian jurisdiction
- a person’s record for matters arising under WHS, demolition or an explosives law in all Australian jurisdictions.
Named supervisors
SafeWork NSW will be able to remove a named supervisor from a demolition licence if we:
- become aware of a relevant matter for a named supervisor
- are satisfied that the named supervisor was approved based on false or misleading information.
This means that the conduct of a named supervisor can be considered separately when the relevant matter or action does not involve or implicate the licence holder, without impacting on the status of the licence.
