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March 29, 2016

Have your say on asbestos regulation amendments

The NSW Government is seeking public comment about proposed regulatory amendments relating to the Loose-fill Asbestos Insulation (LFAI) Register.

The Home Building Act 1989 was amended in late 2015 to allow NSW Fair Trading to publish a register that identifies properties affected by loose-fill asbestos insulation.

A package of proposed regulatory amendments has now been released which supplements the modifications to the Home Building Act, and includes changes to the:

  • Home Building Regulation 2014;
  • Residential Tenancies Regulation 2010; and
  • Environmental Planning and Assessment (EP&A) Regulation 2000.

The EP&A Regulation is administered by the NSW Department of Planning and Environment. This is being amended so that a Section 149(2) Planning Certificate issued by a local council will be required to state if a property is listed on the register.

For rental properties, a listing on the register would become a material fact to be disclosed to prospective tenants.

NSW Fair Trading Commissioner Rod Stowe says releasing the draft regulations means the public are provided the opportunity to have their say.

“I invite the New South Wales community to submit comments on the proposed changes to the regulations,” he says.

“We want to hear what people have to say about these amendments and be guided by their input.

“The proposed amendments are significant because they notify prospective homeowners, property agents and tenants about properties affected by loose-fill asbestos.”

The amendment regulations are available on the ‘Have Your Say’ page at the NSW Fair Trading website: www.fairtrading.nsw.gov.au

The deadline for comment on the proposed regulatory amendments is April 15, 2016.

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