Page 594 - Week 02 - Thursday, 20 February 2020
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typical works that might be required at a property to support an aging occupant. These restrictions made on a small number of properties is balanced against the broader community safety need to constrain the long-term existence of these properties in Canberra’s suburbs, where they continue to present a risk to residents, tradespeople, visitors and the community.
Finally, I would like to provide some detail about the introduction of an occupancy prohibition applicable to remaining affected residential properties. In the interests of community safety, and in support of the goal of eradication of affected premises from Canberra’s suburbs, it is critical that a new generation of residents are not exposed to the risks associated with living in an affected property. It is important to note that the bill does not require existing residents to vacate their homes. The occupancy prohibition only comes into play when an affected property is sold or transferred, or when a current rental arrangement is complete. The bill provides that upon the transfer or transmission of the title of an affected residential premises only certain approved occupants can live in the premises.
A blanket occupancy prohibition on any transfer or transmission of title would have had the potential to require long-term residents to vacate, for example, if the property title was held in a husband’s name only and upon his death his wife received the property through inheritance. To accommodate this and similar circumstances where continued occupation of a premises is desired, the bill introduces the concept of an approved occupant. This enables those who have lived in an affected premises from the time it was placed on the Affected Residential Premises Register to remain, and so supports those very elderly who wish to see out their final years in their homes.
The bill also provides for other individuals, such as a carer or family member, to seek approval from the portfolio minister to occupy the premises to provide support to an existing occupant of the home. The owners of a property on the register that has become subject to the occupancy prohibition through the transfer or transmission of the title after 1 July 2020 must ensure that the premises are not occupied by anyone other than approved occupants. Failure to comply will be an offence under the Dangerous Substances Act 2004.
The bill also addresses occupancy prohibition in relation to rented properties. Any residential tenancy agreement, occupancy agreement, assignment or sublet for a premises on the register that is entered into on or after 1 July 2020 is deemed void under the changes proposed. This is a critical step to prevent new, and possibly vulnerable, members of our community being exposed to the risks associated with living in an affected property. In summary, this bill progresses the initiatives announced in November 2019 that work toward an ACT residential community free from loose-fill asbestos-affected properties.
The Asbestos Response Taskforce is working with individual homeowners as they consider their options leading up to the close of the buy-back program on 30 June 2020 and will assist any of those intending to remain to understand how the new obligations and restrictions will apply to their individual circumstances. The taskforce will also engage with industry, including asbestos assessors, building surveyors and the Real Estate Institute of the ACT, to assist each group to understand the changes.
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