Properties containing asbestos: Notification and plans

Amendment to Part VIA of the Dangerous Goods Act 1985

The manufacture, use, reuse, importation, transport, storage and sale of asbestos have been prohibited in Victoria since 1 January 2004.

A recent amendment to Part VIA of the Dangerous Goods Act 1985 (DG Act) includes specific duties for the person who has management or control of a property requiring asbestos removal or control when the asbestos was installed on or after 1 January 2004.

Notification of asbestos installed on or after 1 January 2004

The person who has management and control of the property must notify WorkSafe as soon as is practicable after becoming aware that the property contains asbestos installed on or after 1 January 2004.

Notification is not required if the person first becomes aware of asbestos by being informed by WorkSafe, or if the property is a domestic premise used solely for domestic purposes.

You can notify WorkSafe by phoning or emailing our Advisory service.

It is an offence not to notify WorkSafe when required by section 39C of the DG Act.

Asbestos removal plan or management plan

The person who has management or control of the property must, after becoming aware or being informed about the asbestos, enter into an agreement with WorkSafe to either:

• remove the asbestos in accordance with a removal plan approved by WorkSafe, or
• manage the risk associated with retaining the asbestos through a management plan approved by WorkSafe

The person must enter into an agreement with WorkSafe within 60 days or a timeframe determined by WorkSafe.

Failure to enter into an agreement with WorkSafe is an offence.

Removal plan requirements

The removal plan must specify a time by which the asbestos will be removed.

The removal plan should also include sufficient information that demonstrates to WorkSafe how the asbestos will be removed.

It is an offence not to follow a removal plan once it has been agreed to by WorkSafe.

When will WorkSafe accept a management plan?

WorkSafe will only approve a management plan if it is satisfied that it meets the requirements of section 39F of the DG Act.

WorkSafe will not approve a management plan unless:

• it is satisfied that it is not reasonably practicable to remove the asbestos
• the measures in the management plan would result in a level of health and safety that is equivalent to or greater than that which would have been achieved if the asbestos were removed

In considering whether it is reasonably practicable to remove the asbestos, WorkSafe will consider matters such as the:

• likelihood of exposure
• degree of harm that would result if exposure did occur
• availability and suitability of ways to remove the asbestos
• cost of removing the asbestos

The management plan may also specify a timeframe for review or circumstances which may result in a review.

Failure to comply with an approved management plan is an offence.