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Legislative Assembly for the ACT: 2015 Week 11 Hansard (Thursday, 24 September 2015) . . Page.. 3476 ..


988 offers being made to home owners. The scheme is now moving into the second component, the demolition program. The asbestos response task force announced the demolition schedule on 31 August 2015, which depicts the complex and challenging task that lies ahead for the government over a three-year period.

As such, today I present the Building (Loose-fill Asbestos Eradication) Legislation Amendment Bill 2015 which contains a number of amendments to facilitate the implementation of the demolition and resale components of the scheme.

This legislative reform package amends the Building Act 2004, the Building and Construction Industry Training Levy Act 1999, the Dangerous Substances (General) Regulation 2004, the Land Rent Act 2008 and the Planning and Development Act 2007. The amendments introduce some efficiencies in the regulatory oversight of the demolition phase of the scheme as well as providing affected home owners who cannot afford to purchase their remediated block with the option of land rent. The amendments achieve the overarching goal of the scheme in facilitating the removal of the Mr Fluffy legacy from the ACT.

The bill amends the Building Act 2004 to provide a streamlined process for the demolition by the territory of residential premises that contain or have contained loose-fill asbestos insulation. Under these amendments, affected residential premises that are to be demolished by the territory may be subject to a demolition order issued by the Construction Occupations Registrar. A demolition order authorises the territory to demolish the building without engaging a private certifier and without going through the full building approval process.

These amendments recognise that the demolition of premises contaminated by loose-fill asbestos insulation is specialist building work that has a number of significant controls outside the Building Act. Demolitions by the territory will be undertaken on a bulk scale with safety and compliance controls achieved through mechanisms including procurement and contract requirements and work health and safety regulation.

The quality and safety of the demolition work will also be maintained through the process of seeking a demolition order. A demolition order may only be issued if the Construction Occupations Registrar is satisfied that a building approval is not required. This will generally be where a demolition is relatively straightforward and does not require the additional oversight of a private certifier. In making this decision the registrar would be provided with a level of documentation that is broadly consistent with the building approval process. In addition, the registrar would need to be provided with evidence that relevant utilities have been consulted in relation to the planning and execution of the demolition.

Further to these amendments, the bill also makes an amendment to the Building and Construction Industry Training Levy Act 1999 as a consequence of the demolition orders provisions that are included in the Building Act. Project owners are normally liable to pay a training levy on construction work with the amount being calculated by reference to the value of work to be undertaken. However, if the Construction Occupations Registrar issues a demolition order for the work there will not be a


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