Contributed Article

Managing the risk of asbestos 

6 June 2017

Free loose-fill asbestos testing which was offered by the NSW Government has ended, but there are still solutions available to check properties in select local government areas.

Over 797,500 properties across NSW registered for the voluntary purchase and demolition program which was free until 1 August 2016. Properties which tested positive are now listed on the online public Loose-fill Asbestos Insulation Register (LFAI).

As of 30 May 2017, the tests have found 137 properties which have tested positive for loose-fill asbestos from 36,461 sample tests conducted. This property testing was undertaken by licensed asbestos assessors.

Asbestos effect on property managers

A new Addendum to NSW Fair Trading’s New Tenant Checklist (the Checklist) now sets out how an agent or private landlord must disclose if a property has loose-fill asbestos to new tenants. 

The Residential Tenancies Regulation 2010 has been amended to ensure tenants are notified of premises which are listed on the LFAI Register. It includes an obligation to inform the tenant if the property is listed on the LFAI Register during a tenancy.

Each real estate agency has obligations and responsibilities under the Work Health and Safety legislation in NSW to obtain and periodically review an Asbestos Register and the Asbestos Management Plan no later than each five years for every property that they manage where their staff or contractors attend. 

Penalties can be up to $3 million for a business and $600,000 for individuals. 

There are also owner liabilities for any hazardous material located on a property that may cause harm to any person under the common-law duty of care and the Civil Liabilities Act. 

What is the solution?

Although the NSW Government’s free testing has ended there are still solutions to test if properties have asbestos. For example REINSW’s Commercial Partner, BIV Reports Pty Limited, can inspect, identify and provide either a Loose-Fill Asbestos Report, an Asbestos Register or an Asbestos Management Plan from $330 including GST. 

How do BIV Reports conduct these inspections?

BIV Reports can take samples of materials for testing for asbestos in a National Association Testing Authorities (NATA) accredited laboratory, and can also carry out a restricted Level 1 visual inspection of the roof cavity area which is next to the manhole access. 

What are BIV Report’s qualifications?

BIV’s Directors and Inspectors have completed the latest Asbestos Assessor, Supervisor and Removalist (both friable and non-friable) courses and so have the most up-to-date information and processes in place.

Find out more by calling (02) 9114 9800, email [email protected], or visit www.biv.com.au