Body Corporates and Asbestos
Body Corporate Obligations Concerning Asbestos
Pre-1990 buildings
Incomplete past asbestos auditIn cases where a Body Corporate has previously undertaken an audit for "asbestos materials" and this did not include auditing for “asbestos products" (such as bonded products), the Body Corporate is now required to identify all sources of the newly defined ACM at the property.
Annual Review RequirementsWhere asbestos has been identified at the property, the Body Corporate is required to undertake an annual review of the materials and register to confirm that the materials have not deteriorated into an unsafe condition. in cases where ACMs have been disturbed through, for example, the undertaking of capital works, or is unstable or deteriorating, there may be a legal requirement for more frequent reviews to be undertaken.
Requirement to implement an asbestos management plan in accordance with the national code of practiceWhere the Body Corporate has identified ACMs on the property, it is required, amongst other things, to document and implement, in a management plan containing a register of asbestos-containing materials at the Body Corporate and details of maintenance and service work undertaken on ACMs.
It is recommended that all ACMs left in-situ should be clearly labelled or appropriate signage together with a purpose-built cabinet to house the Asbestos Report be errected to prevent inadvertent exposure to persons not familiar with the materials. Applicable LegislationCodes of ConductThe Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC: 2018 (2005)] has been developed to assist persons with control of premises and/or plant to control the risks of asbestos-containing materials (ACM) in workplaces. Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC: 2018 (2005)] (Cth) The Code of Practice for the Safe Removal of Asbestos [NOHSC:2002 (2005)] provides guidance for industry to meet their legal obligations, and should be applied whenever any amount of asbestos or asbestos-containing material is to be removed from a workplace.The purpose of this code of practice is to provide advice for the safe removal of asbestos and asbestos-containing materials (ACM) from buildings and structures, plant and equipment, and vehicles.
Code of Practice for the Safe Removal of Asbestos (2nd Edition) [NOHSC: 2002 (2005)] (Cth) The building owner or person managing the asbestos abatement works must ensure that an asbestos removal control plan is developed and implemented for the work and that only licensed asbestos contractors undertake the work.
How to manage and control asbestos in the workplace - Code of Practice 2011 |
MBCS welcomes the opportunity to meet with your committee to show you how we will be an asset to your Body Corporate. 
The Let’s Talk Strata podcast is the first of its kind for QLD. It’s a platform that sees pinnacle industry professionals discuss matters within the areas of their expertise concerning all things Strata. 
BODY CORPORATE LAW IN QLD PRACTICE AND PROCEDURE (BCLQ) By MBCS Director Marc J. Mercier BCLQ is a textbook and practitioner’s reference on the law of Body Corporate in Queensland Released in April 2018 by Wolters Kluwer CCH |
Body Corporates and Asbestos
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This page is intended to provide useful information and informative resources concerning obligations of Body Corporates that have structures that contain asbestos.
Mercier Body Corporate Services can assist its Body Corporates under management to ensure compliance with applicable legislation by providing cogent advice to its committees, co-ordination of Asbestos Reports and assistance with other legislative requirements. |
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Body Corporate Obligations Concerning Asbestos
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Bodies Corporate in Queensland must comply with stringent safety legislation which affect anyone who owns, manages or occupies buildings or sites with "Asbestos Containing Material" (ACM).
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Pre-1990 buildings
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Specifically, the legislation imposes risk management requirements that require asbestos audits of all pre-1990 buildings. In such cases, the Body Corporate must engage a competent person to undertake an asbestos audit of the building and essential plant and provide an asbestos register. This audit must identify all sources of asbestos-containing materials at the property.
The legislation further imposes a strict licensing regime on businesses that undertake asbestos removal. This obligation further falls in line with the Body Corporate's duty to maintain common property. The Commonwealth Government has accordingly developed two national codes of conduct to facilitate legislative compliance with the Workplace Health and Safety legislation in the various States. |
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Incomplete past asbestos audit
In cases where a Body Corporate has previously undertaken an audit for "asbestos materials" and this did not include auditing for “asbestos products" (such as bonded products), the Body Corporate is now required to identify all sources of the newly defined ACM at the property.
Annual Review Requirements
Where asbestos has been identified at the property, the Body Corporate is required to undertake an annual review of the materials and register to confirm that the materials have not deteriorated into an unsafe condition. in cases where ACMs have been disturbed through, for example, the undertaking of capital works, or is unstable or deteriorating, there may be a legal requirement for more frequent reviews to be undertaken.
Requirement to implement an asbestos management plan in accordance with the national code of practice
Where the Body Corporate has identified ACMs on the property, it is required, amongst other things, to document and implement, in a management plan containing a register of asbestos-containing materials at the Body Corporate and details of maintenance and service work undertaken on ACMs.
It is recommended that all ACMs left in-situ should be clearly labelled or appropriate signage together with a purpose-built cabinet to house the Asbestos Report be errected to prevent inadvertent exposure to persons not familiar with the materials.
It is recommended that all ACMs left in-situ should be clearly labelled or appropriate signage together with a purpose-built cabinet to house the Asbestos Report be errected to prevent inadvertent exposure to persons not familiar with the materials.
Applicable Legislation
Codes of Conduct
The Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC: 2018 (2005)] has been developed to assist persons with control of premises and/or plant to control the risks of asbestos-containing materials (ACM) in workplaces.
Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC: 2018 (2005)] (Cth)
The Code of Practice for the Safe Removal of Asbestos [NOHSC:2002 (2005)] provides guidance for industry to meet their legal obligations, and should be applied whenever any amount of asbestos or asbestos-containing material is to be removed from a workplace.The purpose of this code of practice is to provide advice for the safe removal of asbestos and asbestos-containing materials (ACM) from buildings and structures, plant and equipment, and vehicles.
Code of Practice for the Safe Removal of Asbestos (2nd Edition) [NOHSC: 2002 (2005)] (Cth)
Code of Practice for the Safe Removal of Asbestos (2nd Edition) [NOHSC: 2002 (2005)] (Cth)
The building owner or person managing the asbestos abatement works must ensure that an asbestos removal control plan is developed and implemented for the work and that only licensed asbestos contractors undertake the work.
How to manage and control asbestos in the workplace - Code of Practice 2011
How to manage and control asbestos in the workplace - Code of Practice 2011
MBCS welcomes the opportunity to meet with your committee to show you how we will be an asset to your Body Corporate. |
|
The Let’s Talk Strata podcast is the first of its kind for QLD. It’s a platform that sees pinnacle industry professionals discuss matters within the areas of their expertise concerning all things Strata. |
BODY CORPORATE LAW IN QLD PRACTICE AND PROCEDURE (BCLQ) By MBCS Director Marc J. Mercier BCLQ is a textbook and practitioner’s reference on the law of Body Corporate in Queensland Released in April 2018 by Wolters Kluwer CCH |