NOTICE TO CLIENTS/BUILDING OWNERS

Asbestos Building Regulations under the Queensland Workplace Health and Safety Legislation Amendments to the Workplace legislation stipulate that owners of buildings who have not yet complied with former regulations regarding the management of Asbestos in buildings must now comply with the Asbestos Management Code. Owners of structures that were compliant with former Asbestos Management Regulations had until 1 January 2008 to comply with the new Asbestos Management Code.

The legislation applies to buildings that were built under an approval given by a local authority before 1 January 1990.

If an owner proposes to sell, lease, alter, dismantle or demolish a premises (‘relevant event’) the Asbestos Management Code must be complied with prior to the ‘relevant event’.

The first step in compliance is to obtain a Material and Products Report. The report must be prepared by a person competent in the identification of asbestos containing materials. We can provide the name of a competent person for the identification of asbestos if you require this.

Depending on the materials identified in the Report you may have an obligation to implement a Management Plan and/or record asbestos containing material in a register.

The penalty for non-compliance under the legislation is currently a maximum penalty of $50,000.00. Failure to comply with the legislation may have wider consequences such as:-

∙ possible delay or termination of a Contract to sell a building;

∙ if asbestos containing materials are present and as a result, an occupant, contractor, employee of an occupant etc contracts an asbestos related illness you may face a negligence suit for breach of statutory duty and additional fines of up to $200,000.00.

Part 8 of the Asbestos Management Code summarises the responsibilities of a person with control of premises.

If you have any concerns or questions please do not hesitate to contact Cathie Peters of our office.