Government Relents On Asbestos Timelines

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The Queensland government has released a new document (8th December 2011) that means that for some Bodies Corporate there is more time to be asbestos compliant. Although the period in which a building is not compliant carries two risks, one from litigation and the other from not meeting their obligations to the safety of workers engaged on their property. The new transitional arrangement will affect buildings constructed between 1st January 1990 and 31st December 2003.

Buildings constructed before 1990. These buildings still have no grace period for compliance. Why? Pre 1990 buildings were required to have an asbestos survey completed under the legislation being replaced. The new legislation increases the scope of the onsite asbestos register and includes the new requirement for an Asbestos Management Plan.
Buildings constructed between 1st January 1990 and 31st December 2003. The grace period means that these buildings can put up motions for Asbestos compliance throughout 2012 and ensure any required Onsite Asbestos Registers and Asbestos Management Plans are in place before 30th June 2013 when the transitional period ends.

The transitional period was introduced after numerous queries about the lack of a transitional period.

While the transitional requirements create some breathing space, it is important to remember that this does not release building owners or bodies corporate from their obligations to the safety of workers engaged on their property. Building owners or bodies corporate should ensure their properties comply with these new requirements as soon as possible, in order to minimise the risk of litigation. It is important to remember that the costs incurred from litigation can often outweigh the fines imposed by legislation.

Would you like more information on a Body Corporate issue please call one of our friendly body corporate team.

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