Under the model laws, putting a removed engineered stone benchtop back counts as installing it: “the engineered stone prohibition applies to installation. This includes re-installation even if no processing is required.” Safe Work Australia says that, as an interim solution, exemptions allowing re-installation in specific circumstances have been granted in all jurisdictions.
Why an exemption was needed
WorkSafe ACT explains the problem plainly. Before its exemption, the ban applied to installation, which included re-installation, so a benchtop removed for cabinet repair or refurbishment could not go back even if no cutting, grinding, polishing, trimming or sanding was needed. Safe Work Australia Members agreed this was an unintended consequence of the amendments to the model regulations.
Which stone counts as existing
The exemptions are about legacy stone, not new stock. Safe Work Australia defines legacy engineered stone as any engineered stone benchtop, panel or slab “that is already installed”, and for disposal only, stone whether installed or not, such as a stockpile. Queensland’s exemption puts a date on it: an existing top is one installed before 1 July 2024.
NSWSafeWork NSW states the general rule simply: “Temporary removal and reinstallation of legacy engineered stone benchtops, panels and slabs is permitted to complete repairs or minor modifications.” It also says a business must notify SafeWork NSW of any processing work to remove, repair or make minor modifications to legacy stone installed before the ban.
The exemptions, state by state
| Where | The exemption | Its conditions |
|---|---|---|
| NSW | Exemption No. 24-035, in force from 9 May 2025 until varied or revoked. | Applies only to a top “temporarily removed to enable work to the underlying cabinetry or supporting structure, or to give access to repair or modify some underlying component”. It goes back in the same location at the same address; processing of the top is limited to minor modification needed to reinstall it, such as drilling holes for sink, cooktop or vanity brackets or work to make it sit flush with walls and joints, or repair of damage caused during removal, reinstallation or minor modification; any processing is controlled under clause 529B, and the business notifies SafeWork NSW of any processing under clause 529G. |
| QLD | Approved on 13 January 2025; it runs to 12 January 2027 unless amended or cancelled sooner. | For a top installed before 1 July 2024 and taken off so other work, such as repairing the cabinets or plumbing beneath, can be done, then returned to its original position. Processing of the top while it is off is limited to minor modification needed to reinstall it, or repair of damage caused during removal or minor modification, and may be no more significant than processing permitted for an installed top under section 529F(a)(iii). If processing is needed, it must be controlled under section 529B and the regulator notified. |
| SA | Granted by SafeWork SA for reinstalling an existing top removed so repair or other work can be done in that location. | Set out in the exemption notices linked from SafeWork SA’s page. |
| TAS | A class exemption from WorkSafe Tasmania for reinstalling an existing top temporarily removed for other work at the premises. | Processing of the top while it is off is limited to minor modification to reinstall it, minor repair of damage from removal, or minor modification, and may be no more significant than processing permitted for an installed top under regulation 529F(a)(iii); if processing is needed, it must be controlled under regulation 529B and notified to the regulator. It does not cover reuse, or reinstalling anywhere other than the location it was removed from, including another location on the same site. |
| ACT | A conditional exemption put in place by the WHS Commissioner. | WorkSafe ACT describes the exemption as covering a top that is put back without modification or processing once the work beneath is done. It says its key conditions include: the reinstallation must go with repair or modification of the cabinetry or supporting structure beneath, or access to another underlying component; the top goes back in the same exact location and address; processing is controlled under WHS Regulation 418H, and WorkSafe ACT is notified of the processing. |
For Victoria, Western Australia and the Northern Territory, ask the WHS regulator there: Safe Work Australia says exemptions allowing reinstallation in specific circumstances have been granted in all jurisdictions, and asks you to contact your regulator for more information.
If the top cannot go back
None of these exemptions allows a new engineered stone top in place of one that breaks. NSW is explicit: “this Exemption does not apply to the installation of any replacement engineered stone benchtop, panel or slab if the original engineered stone benchtop, panel or slab cannot be reinstalled.” WorkSafe Tasmania and WorkSafe ACT say the same of their exemptions. If the original cannot be reinstalled, SafeWork NSW says you must use “an alternative product that is not banned.”
What the exemptions turn on
Read together, the published exemptions keep returning to the same four points, worth having clear before the job starts:
- The reason. The top comes off so that work beneath it can be done, such as repairs to the cabinets, the supporting structure or an underlying component.
- The place. The same top goes back where it came from.
- The dust. Any processing is controlled.
- The notice. The business tells the regulator about the processing where its state requires it.
Not a job to do yourself
Safe Work Australia: “It is important that you don’t undertake any work with engineered stone yourself if you are not qualified.” The exemptions are written for businesses doing the work, and controlling the dust is part of each one. The duties behind that are in silica dust and benchtop work.
A cabinetmaker or stonemason can tell you whether your job fits your state’s exemption, and the background to the ban itself is in the engineered stone ban.