Asbestos laws

New asbestos laws | Laws for non-residential buildings | Laws for residential buildings | Laws for people in building/trades and asbestos industry

New Asbestos Laws

The ACT laws that manage and regulate asbestos are:

• Building Act 2004
• Construction Occupations (Licensing) Act 2004;
• Dangerous Substances Act 2004
• Dangerous Substances (General) Regulations 2004;
• Environment Protection Act 1997;
• Occupational Health and Safety Act 1989
• Building Regulation 2004
• Construction Occupations (Licensing) Regulation 2004
• Part 3.4 of the Dangerous Substances (General) Regulations 2004

New laws for non-residential buildings

From 7 September, 2007, new laws have been introduced for non-residential buildings. The laws affect anyone who owns a building or who makes decisions about its management, for example as an occupier or property manager. The date by which you must comply with the new laws varies depending on the type of building - the first deadline being September 2008.

The new laws require you to obtain a report from a Licensed Asbestos Assessor, identifying the location and condition of any asbestos in your building. You must then prepare and put into action a written Asbestos Management Plan. This must include an Asbestos Register that can be made available to tenants, workers, contractors or any other relevant people. It also needs to include an action timetable for control measures and a procedure for review. The review must take place at least every five years.

To get a copy of the new laws affecting non-residential buildings click here.

When do you need to comply?

The dates by which you must comply with the new laws are as follows:

• multi-storey commercial premises (including a multi-level commercial operation in a residential building)  – 1 September 2008
• single-storey commercial premises – 1 September 2009
• industrial premises – 1 March 2010
• community or recreational premises – 1 September 2010

For more information about the new laws and how to comply, click here, download our Fact Sheets or download the comprehensive booklet Your five step guide to managing asbestos. To get a copy of the new laws affecting non-residential buildings click here.

Allow yourself plenty of time to complete all the necessary steps. A Licensed Asbestos Assessor may not be available to suit your timetable if the deadline is getting close.

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Laws for residential buildings

Asbestos laws affecting the residential sector commenced on 1 July 2006. These laws are designed to ensure greater awareness and protection for the industry and the community.

By raising public awareness of materials containing asbestos and promoting better management of these materials, we can help reduce the future incidence of asbestos-related diseases.

The Government has developed generic advice about the likely location of asbestos in residential premises built before 1985.

This advice is based on the findings of an asbestos survey of over 600 homes undertaken by the ACT Asbestos Task Force.

The laws require sellers and lessors of residential premises to provide this advice with a contract for sale and with a residential tenancy agreement. It also requires building certifiers to provide this advice when issuing a building approval.

To obtain this Asbestos Advice click here.

Obtaining an Asbestos Assessment Report is optional. However, if an owner/occupier has a current Asbestos Assessment Report that has been undertaken by a Licensed Asbestos Assessor (Class A) it must be provided instead of the Asbestos Advice at the following transaction points:

• sale of property;
• residential tenancy agreements;
• when engaging a tradesperson or maintenance worker to undertake construction or renovation work; and
• building approval.

IMPORTANT NOTE: Due to the introduction of licensing arrangement for Asbestos Assessors from 1 July 2006, Asbestos Assessment Reports produced prior to 1 July 2006 do not apply.

These laws replace the requirement for owners and occupiers (including people renting or leasing who have an obligation to repair and maintain the premises) of premises to give information, in writing, on what they know about materials containing asbestos at the premises to tenants, purchasers, tradespeople and maintenance workers.

Penalties do apply to these new laws for non-compliance.

What you need to do

If you are selling your home, you need to provide:

• the asbestos advice with a contract for sale; or
• if you have a current Asbestos Assessment Report that has been undertaken by a Licensed Asbestos Assessor (Class A) you need to provide it instead of the Asbestos Advice, as it provides specific information about asbestos in and around your home.

As a landlord of a home, you need to provide:

• all new tenants (tenants who enter into a residential tenancy agreement after 1 July 2006) with the asbestos advice as part of their residential tenancy agreement;
• any current tenants (existing tenants who entered into a residential tenancy agreement before 1 July 06) with the asbestos advice at the point of renewal of their residential tenancy agreement; or
• if you have a current Asbestos Assessment Report that has been undertaken by a Licensed Asbestos Assessor (Class A) you need to provide it instead of the Asbestos Advice, as it provides specific information about asbestos in and around your home; and
• if you have a current Asbestos Assessment Report that has been undertaken by a Licensed Asbestos Assessor (Class A), you need to provide to provide it to a tradesperson or maintenance worker when engaging them to undertake construction or renovation work on your premises.

Useful information about asbestos for landlords

The Asbestos Advice mentioned above informs the tenant about the likely location of asbestos in residential premises built before 1985. Research to date indicates that ACT homes built after 1985 are unlikely to contain asbestos.

To accompany this advice, it's also a good idea to indicate to your tenants when the property was built and your management procedures for the asbestos at the premises. For example, providing specific contact details for tenants concerned with the condition of asbestos at the premises. You should also provide any other relevant information regarding asbestos at the premises you might have.

If you have an obligation to maintain and repair the premises, it's a good idea to talk to the person who is going to work on the property, e.g.maintentance and trades people, about the likelihood of asbestos on the premises, so that any materials containing asbestos can be safely managed.

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Laws for people working in building/trades and asbestos industries

In the ACT, people working in the building trades and asbestos industry must be trained to work with and remove any amount and type of asbestos.  Some specific occupations like Asbestos Removalists and Asbestos Assessors must also be licensed.

It’s important that you get the right skills for the right job, otherwise engage someone who is appropriately qualified.

What you need to do

Trades, Maintenance and Services Sector
If you work in the trades, maintenance and services sector, there's a good chance you will need to work with small amounts of bonded asbestos, as part of your daily work activities.

To work with and remove up to 10 square metres of bonded asbestos you must be appropriately trained. To complete the right training course, contact Gerry Stanley at the Master Builders Association of the ACT on (02 6247 2099). The training entitles you to an exemption from obtaining a building approval to remove up to 10 square metres of bonded asbestos. This training will also entitle you to obtain a licence to remove any amount of bonded asbestos, should you wish to apply. 

Download our Safe Work Fact Sheets at right, with safe work procedures for carrying out common tasks that involve disturbing or removing materials containing asbestos (e.g. drilling, cutting, painting)

Asbestos Assessors
In the ACT, you must be licensed to provide an asbestos assessment service e.g. identify and assess asbestos and provide recommendations on its safe management.

Since 1 July 2006, two classes of licence have been created for an Asbestos Assessor:

Class A: provides an asbestos assessment service. In other words, an individual who undertakes and supervises the following work:

• air monitoring;
• identifying the location, type and condition of asbestos in buildings;
• assessing the risk the identified asbestos presents;
• advising on how the asbestos should be managed; and
• reporting about the work.

Class B: undertakes field surveys to identify the location, type and condition of asbestos in buildings. For example, bulk sampling.
These licences are for individuals only.

For more information on how to apply for a licence, contact: 13 22 81 or visit the ACTPLA website.

For a list of Licensed Asbestos Assessors click here.

Asbestos Removalists
Anyone wanting to remove more than 10 square metres of bonded asbestos and/or any amount of friable asbestos must be licensed as an asbestos removalist. Two classes or licence have been created:

Class A: removal of bonded and friable asbestos

Class B: removal of bonded asbestos

For more information on how to apply for a licence contact: 13 22 81 or visit the ACTPLA website.

Stay tuned for new laws commencing in late 2007, as they will affect anyone with a builder’s licence wanting to remove asbestos.

For Building Certifiers:

The Government has developed generic advice about the likely location of asbestos in residential premises built before 1985.

This advice is based on the findings of an asbestos survey of over 600 homes undertaken by the ACT Asbestos Task Force.

It is a requirement that building certifiers provide this advice when issuing a building approval. To obtain this asbestos advice click here.