What laws relate to non-residential buildings?

In the ACT, there are laws relating to asbestos management for non-residential premises (including commercial premises, industrial premises and community or recreational premises) built before 31 December 2003. These laws affect anyone who owns a non-residential building or who makes decisions about its management (for example, as property manager).

These laws require anyone who controls a non-residential building in the ACT to:

• obtain a report from a licensed asbestos assessor, identifying the location, type and condition of any asbestos products at the non-residential premises; and
• ensure that a written risk assessment is made of the risks associated with the asbestos products; and
• prepare and put into action a written asbestos management plan, including an asbestos register that can be made available to tenants, workers, contractors and any other relevant people; and
• include, as a part of the written asbestos management plan, an action timetable for control measures and a procedure for review (this review must take place at least once every five years).

Asbestos Removal Control Plans

If you plan on carrying out building work, you will need to complete an asbestos removal control plan beforehand (regardless of who undertakes the building work). The Building Act 2004 defines an asbestos removal control plan as, in relation to building work, a plan complying with the asbestos code that provides for the management of any asbestos disturbance resulting from the building work.

At the very minimum, an asbestos removal control plan should include:

• the method proposed to be used to remove the asbestos;
• the approximate quantity and kind of asbestos to be removed;
• equipment proposed to be used to remove the asbestos, including any personal protective equipment; and
• details of a program for monitoring airborne asbestos (prepared in accordance with the National Code of Practice for the Safe Removal of Asbestos [NOHSC:2002(2005)]).