1 .

In case a commercial building was built up before 1980 then an Asbestos Survey and Asbestos Registerneed to have been completed by the property owner by Ist Jan 2008 . It should be securely held and provided asessential under the rules and regulation , as well as with respect to any proposed sale or lease . If the building comes available for sale , or might be leased , dismantled or demolished then the rule requires the Asbestos Survey and Registerneeds to be provided . The rules will never apply to a residential residence , common property linked to residential property or to that part of an office used for domestic residential purposes . What to do if an Asbestos Survey and Asbestos Register has never been acquired or is not produced to a buyer on the deal of the real estate ? In a fairly recent Supreme Court case* V sold a commercial property to P . At settlement Pproclaimed V was in contravene simply because it didn'tprovide any Asbestos Survey and Asbestos Register as required by the WH&SLegislation . V refused the contravene . P refused to settle . V terminated thecontract and put on to the court for a judgment to be certain that V could validly forfeit the deposit and sue P for damages asbestos management .

2 . The laws administering Asbestos Management in Australia have changedconsiderably tending to now effecthouse owners of all different kinds of commercial property . The Game has Changed The new Work Health & Safety Regulations which commenced in January this year saw theintro of the latest Asbestos Management code of practice for the management and control of asbestosat work . Under the new model , the Work Health and Safety Regulation 2011 which arrived into force from IstJan 2012 , whenever a building was built under ansanction by local government before 31 December 2003 which is applied as a workplace then the commercial building possessor have to comply with the new Asbestos Management code of practice .

The New Rules The Asbestos Management code of practice needs a commercial building holder to do a fewkey things : Identify almost all asbestos including material on the residence byobtaining an Inspection Report ; Acquire an Asbestos Register of asbestos made up of material ( despite that none is observed ) ; Arrange an Asbestos Management Schedule .

What are the Implications ? In case you are the holder of a commercial shop madeunder a local government authorization before 31 December 2003 you have a responsibility to meet the Asbestos Management code of practice . Failure to achieve this may result in you being penalized up to $60 ,000 or facing imprisonment around five-and-a-half years , together with threats of liability for damages .