Asbestos

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The NSW Government has released an awareness campaign to remind DIY enthusiasts to plan, prepare and check for asbestos if they are renovating an old home.
Renovation works may disturb asbestos, particularly in houses and sheds built before 1990, and the tagline Asbestos lurks in more places than you think, reminds DIY renovators and tradies to check for asbestos before renovating or building.
Environment Minister Matt Kean said this long weekend provides an ideal opportunity to tackle a DIY project but only if it is done safely and carefully.
“You can’t always tell what products contain asbestos just by looking,’’ Mr Kean said today.
Even though it has been banned in Australia since 2003, at the height of its use asbestos was in over 3,000 products with many of these products still in homes and workplaces – especially those built before 1990.
“We want homeowners to make use of Government’s Asbestos Finder asbestos.nsw.gov.au or arrange an assessment from a licensed asbestos assessor before starting a renovation to best protect your family, neighbours and the wider community,” Mr Kean said.
“Checking before you start will keep you and your family safe.”
Everyday products that could contain asbestos include:
<ul>
<li>
roofs, eaves, downpipes and insulation
</li>
<li>
interior walls (often with a non-asbestos covering on the outside)
</li>
<li>
kitchen splashbacks
</li>
<li>
under lino, some carpets and tiles (and the cement compounds used to fix tiles)
</li>
<li>
lagging around pipes, inside fuse boxes or as part of ventilation shafts
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<li>
fences, garden sheds and small outdoor construction like chicken coops
</li>
<li>
bonded cement sheeting that make up walls, which can be disturbed when sanded in preparation for painting.
</li>
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Old homes can be an Asbestos hotspot

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The NSW Government is working to remove the levy on asbestos waste to make it easier and cheaper to lawfully dispose of asbestos waste.
Environment Minister Matt Kean has released the NSW Asbestos Waste Strategy 2019-21, which aims to reduce the illegal and improper disposal of asbestos waste.
The strategy was developed following research which showed that asbestos waste accounts for up to eight per cent of illegally dumped waste across NSW. 
“Illegally dumped asbestos poses a threat to human health and our environment and results in significant clean-up costs,” Mr Kean said.
“The safe and lawful management of asbestos waste is a priority for this Government and that means making legal disposal of asbestos waste easier and cheaper."
“To do this, we will work to increase the number of facilities which can lawfully receive asbestos waste and make it cheaper to dispose of asbestos by removing the waste levy on separated, bonded and wrapped asbestos waste up to 250kg," he added.
The maximum penalties for illegal dumping of asbestos in NSW is $2 million for corporations and $500,000 for individuals.
NSW waste facilities that accept household asbestos from the public are listed by region <a href="https://protect-au.mimecast.com/s/KGGhCr818vhXwoxXu7wD5j?domain=epa.nsw.gov.au" target="_blank" data-saferedirecturl="https://www.google.com/url?q=https://protect-au.mimecast.com/s/KGGhCr818vhXwoxXu7wD5j?domain%3Depa.nsw.gov.au&amp;source=gmail&amp;ust=1572993128536000&amp;usg=AFQjCNG2wu2ttpSK-KcpyS4I1unO1Z14Qw">here.</a>
The community is invited to view the strategy <a href="https://www.epa.nsw.gov.au/your-environment/waste/industrial-waste/asbestos-waste-strategy" target="_blank">here</a>.
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New rules planned for NSW asbestos waste removal

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Hazardous asbestos waste from an illegally demolished heritage-listed pub in Melbourne’s Carlton has been found at a property in the city’s western suburbs.
The Environment Protection Authority officers reached the site after a tip-off by the public, according to media reports.  
EPA officers say the asbestos found at 93 Furlong Road, Cairnlea is from the demolished Corkman Irish Pub, which was destroyed without government approval, said separate reports in the Herald Sun and The Age.
“EPA officers took samples of the waste at the Cairnlea site (on Tuesday) and test results have confirmed asbestos is present,” authority metro manager Daniel Hunt  was cited as saying by the Herald Sun.
It is believed that the Cairnlea residency is in the name of one of the developers thought to be responsible for the pub’s demolishing on October 15, which sparked a public outrage.
Those responsible are facing fines of more than $700,000.
The 159-year-old pub stood at the corner of Leicester and Pelham streets before it was destroyed.
There was no demolition permit allowing the pub’s destruction, or a planning permit for a new building.
Hunt said the owner of the site must receive clearance from a “suitably qualified asbestos consultant to assess the premises and produce an asbestos management plan that details both the on-site management and the safe removal of the asbestos”.
The asbestos was transported from the Carlton site without the knowledge of authorities, and was driven all the way through suburban streets to the Cairnlea property, according to environmental authorities.
The Cairnlea site is owned by Stefce Kutlesovski and Raman Shaqiri's Cairnlea Pty Ltd, said the Age. The pair's company took ownership only 10 weeks ago.
They also owned<a href="/expert-insights/investing/37737-carlton-s-corkman-irish-pub-sold-for-1-56-million-above-auction-reserve"> the Corkman Irish Pub</a>, paying $4.76 million for it last year - before demolishing it illegally. 
The demolition has sparked community anger, with a petition demanding its reconstruction now with almost 18,000 signatures.
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Asbestos from illegally demolished Carlton pub found at Cairnlea property

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Earlier this year, law changes clarified that it is now a material fact if a home is listed on the Loose-fill Asbestos Insulation register.
Material facts refer to information which affects a consumer's decision about a property and must be disclosed before any agreement is entered into.
From 30 October 2016, the standard tenancy agreement includes a requirement to notify tenants if the premises they want to lease is: on the Loose-fill Asbestos Insulation register, or added to the register during the tenancy.
This information is important to tenants because a property containing loose-fill asbestos insulation could be a health risk.
You can now download an amended version of the standard form residential tenancy agreement, which is for use from 30 October. An addendum is also available to allow landlords and agents to continue to use existing stock of the previous version of the residential tenancy agreement.
You can download a copy of the Frequently asked questions on the changes to the Residential Tenancies Regulation 2010 on the Fair Trading website.
For more information, visit the Fair Trading website <a href="https://www.fairtrading.nsw.gov.au" target="_blank">here</a>.
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Property 101: Asbestos issues trigger new NSW tenancy agreement from October 2016

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GUEST OBSERVER
What is an asbestos register?
An asbestos register is a record that must be maintained in the workplace. The register is considered an important part of maintaining a safe and healthy work environment, and must be available to review upon request. However, if it is known that works are to be carried out which involve a risk of exposure to airborne asbestos, including prior to any demolition or refurbishment works, then a copy of the register must be provided to the person conducting such work, whether or not it is requested.
Under the Work Health and Safety Act 2012 (SA) (Act), the register must include:
<ul>
<li>the location, type, and condition of any asbestos that is (or likely to be) present at the workplace; and</li>
<li>the date on which the asbestos was discovered.</li>
</ul>
You are required to maintain a register even if there is no asbestos identified in the workplace – the register must record that there is no asbestos identified, or is likely to be present from time to time at the workplace.
The register must be reviewed and as necessary revised if further asbestos is identified, removed, disturbed, sealed or enclosed at the workplace and prior to any demolition or refurbishment carried out at the workplace. There is no set time frame within which the register must be reviewed.
Does my building need to have one?
Under the Act, all places where a business is operated need to have an asbestos register, unless:
<ul>
<li>the building was built after the 31st of December 2003, and</li>
<li>no asbestos has been identified in that building, and</li>
<li>no asbestos is likely to be there from time to time.</li>
</ul>
Please note that the second and third exceptions above extend to anything that may be brought into the workplace. For example, some types of manufacturing plant or other machinery may contain asbestos. Working with or upon such plant and/or machinery would be sufficient to require a register.
Is it the responsibility of the tenant or the landlord to keep the register?
In accordance with the Act, the person conducting a business on the premises, and who has “management or control” of the workplace, is responsible for maintaining the register.
In practice it can be difficult to determine who has “management or control” of the workplace.  This will depend on the unique circumstances at each workplace. However, the following general guidelines may be of some assistance:
The tenant will generally be responsible for maintaining the register in instances where the landlord is not involved in the operation of the business. If you are a tenant operating a business in a self-contained building and you have control over the running of the workplace you will likely be responsible for maintaining the register.
The circumstances may differ with respect to shared premises, such as a shopping centre. These premises usually come with their own letting agent/management team, who may have a degree of control over the safety procedures of the workplace. In that situation, it may be the building manager’s responsibility to maintain the register solely or in conjunction with the tenant and/or landlord.
Geoff Forbes is partner, Piper Alderman and can be contacted <a href="https://www.piperalderman.com.au/index.php" target="_blank">here</a>.
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Property 101: SA asbestos registers for businesses

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Your home may be the biggest investment you'll ever make. But if it was built before the 1980s, it could be affected by hazardous loose-fill asbestos insulation. Loose-fill asbestos is raw crushed asbestos, which in the 1960s and 70s, was installed as insulation.
Over time hazardous airborne fibres can move from the ceiling into your living space.
If your home contains loose-fill asbestos insulation, its value in the market will be affected.
The NSW Government is proposing new laws to protect the community from unknowingly purchasing a property that contains loose-fill asbestos. Under these laws, when selling your property, you must confirm in the contract of sale if your property:
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<li>contains loose-fill asbestos; or</li>
<li>is free of loose-fill asbestos.</li>
</ul>
If you do not comply with these laws you risk significant financial loss and potential legal action. The Government's assistance program is your chance to protect yourself from the financial consequences of loose-fill asbestos.
NSW Fair Trading will provide financial assistance and support to affected homeowners and tenants, but you must register by 1 August 2016.
The NSW Government is providing free sample testing to owners of pre-1980s residential premises in 28 identified NSW local government areas.
For more information <a href="https://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Loose_fill_asbestos_insulation/Register_for_free_testing/Additional_free_sample_testing.page" target="_blank">click here</a>.
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Property 101: Loose-fill asbestos in NSW homes

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GUEST OBSERVER
Asbestos is the generic term for a number of fibrous silicate minerals. Products made from asbestos cement - a bonded asbestos material - include fibro sheeting (flat and profiled) guttering and downpipes, as well as other pipes for water, drainage or flues, corrugated roofing sheets, roofing shingles and guttering.  WHY WAS ASBESTOS USED IN HOMES?
Asbestos materials were cheap and durable and after World War II until 1954 it was used extensively in the building industry. In New South Wales it's estimated 52 percent of all houses, (approx. 70,000 houses), were built using it. Up till the 1960s, 25 percent of all new housing was clad in asbestos cement in Australia and around 20 percent of all domestic roofs of that period contained asbestos. In Victoria, the percentage was higher and approx. 98 percent of homes constructed before 1976 contained asbestos products.  IS ASBESTOS STILL USED?
The good news is NO. Asbestos has not been used in domestic building materials since the 1980s, however, it was not until 31 December, 2003, that the use of asbestos and all products containing asbestos was banned throughout Australia. It is now illegal to import, store, supply, sell, install, use or re-use asbestos products. Please note: the ban does not apply to asbestos installed prior to this date and if your home contains asbestos you are not required to remove it, but if you do then you must follow safety guidelines and you cannot dump any type of asbestos material in a general waste disposal area. HEALTH RISKS
The health risks associated with working in the asbestos industry and being exposed to asbestos products through occupational, environmental and secondhand factors are now well known and documented and include Cancer; Mesothelioma, Asbestosis and other related serious conditions. It is strongly recommended before starting to undertake any type of renovation on a house built before the late 1980's that absolute caution be observed as it can potentially have asbestos containing materials like fibro, and exposure to broken asbestos by breathing in asbestos fibers which are toxic can be serious especially for anyone who smokes and young children.
RENOVATING - WHERE WOULD I FIND ASBESTOS IN A HOUSE?
It is very hard to identify asbestos products in a house just by looking at them. Below is a list of potential locations where asbestos was used in houses built or renovated before the late 1980's ... • Chimney flues • Flat, patterned or corrugated wall and roof sheeting • Lining under eaves • Lagging on hot water pipes • Vinyl floor tiles and backing to cushion tile and vinyl flooring • Internal and external walls • Imitation brick or weatherboard cladding • Insulation in wood heaters • Asbestos cement sheeting beneath heater hearths • Electrical meter boards • Garages &amp; carports • Garden sheds • Dog kennels
 If you suspect there could be asbestos materials - the only way to be certain is to have a sample of the material analysed by a laboratory - DO NOT ATTEMPT TO REMOVE IT OR BREAK IT UP call in an expert first and contact NATA – The National Association of Testing Authorities for an analytical laboratory in your area that is accredited to identify asbestos, visit NATA website: <a href="https://www.nata.asn.au/" target="_blank">www.nata.asn.au</a>
Confirmation should be carried out before any general maintenance, renovation or demolition activities proceed. Following the severe thunderstorms and tornado that lashed Kurnell, NSW last December, 2015 there was a trail of debris and fears of airborne asbestos. 
Home owners found themselves in a devastated condition with experts assessing the area to identify hazardous materials, such as asbestos products, because of the age of the houses many built before 1987. Authorities warned residents of the risks and advised them not to disturb the debris and to wear a P2 mask and protective clothing as a precaution before entering the ruins of their homes. This was very sad for the whole community and underscored the high danger of asbestos materials when they are disturbed and broken.  As a Conveyancer I always alert my client who is considering purchasing a home built prior to the late 1980's of the potential that the house may contain asbestos materials and I ensure the client understands the importance of checking for asbestos issues through a building report before going ahead.  A good suggestion I make to the client is to meet with P&amp;B Inspectors while they are conducting their inspections for questions about asbestos, extensions without Council approval or other matter of material concern before signing a contract and tendering a Deposit. 
Garth Brown is an accountant and certified conveyancer with Brown and Brown Conveyancing and can be contacted <a href="https://www.conveyancers.net.au" target="_blank">here</a>.
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