Asbestos management::Your responsibilities as an owner. Sunshine Coast Lawyer- Argon Law

Are you considering a purchase of commercial
property in Queensland? If so, you should be aware that the property
is likely to be a workplace for the purposes of the Work Health and Safety legislation
and that if you become the owner, you will be responsible for identifying the existence
of asbestos on the property. I’m John Gallagher from Argon Law and I
would like to tell you some important things about asbestos management in Queensland. The first thing to know is that anyone with
management or control of a workplace must ensure that any asbestos in the workplace
is identified and, where it exists, two documents must be created and kept up to date. These are: an asbestos register which identifies all
offending material; and an asbestos management plan which describes
how the asbestos is to be managed . These obligations apply to all owners of commercial
property, even if they have leased the property to a tenant, albeit that a parallel obligation
also applies to the tenant. The obligations don’t apply if the building
concerned was constructed after 31 December 2003, but only if no asbestos is likely to
be present for some other reason. Most standard contracts for the sale of commercial
property place no onus on sellers to provide a buyer with information on asbestos, so as
a buyer you should ensure that special conditions are included requiring the seller to provide
you with copies of any asbestos register and management plan that may exist and even a
warranty from the seller about the presence of asbestos in the building. If you need any help with such special conditions
any other aspect of purchasing commercial property please give us a call and if you
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