blog img
New Asbestos Register Unlikely to Affect Dubbo Residents

Law changes have established the National Loose-Fill Asbestos Insulation Register. If a property is listed on the register it needs to be disclosed in the section 149(2) certificate.

What is a section 149(2) Certificate?

If you have ever had anything to do with the sale of property you will know that a vendor is required to disclose certain information about the property to the purchaser. Part of this disclosure is the inclusion of a section 149(2) planning certificate in a contract. A section 149(2) certificate is issued by the local council and contains information on how a property may be used, government planning controls and other property issues such as road widening and land contamination.

Legislation has been passed to add a property being on the Loose-fill Asbestos Insulation Register as a matter to be included in a section 149(2) certificate.

What does it mean for Dubbo Residents?

A property is only listed on the National Loose-Fill Asbestos Insulation Register once it has been “tagged” by a licenced asbestos assessor. Only once a property is on the register must it be disclosed in a s149(2) that loose-fill asbestos insulation is present in a property.

The NSW Government is conducting free inspections across 28 Local Government Areas to identify contaminated properties. The Western Plains Regional Council (Formerly Dubbo City and Wellington) and Narromine Shire Council are not included in these 28 councils.

As properties in our Local Government Area are not being inspected for inclusion in the asbestos register, there will be no additional disclosure requirement for local sales. The Western Plains Regional Council have further assured they have no intentions of adding such a section in their s149(2) zoning certificates.

Duffy Elliott Lawyers have the knowledge to assist you with the purchase or sale of your property within or outside the Western Plains Regional Council LGA and whether or not they are in the Loose-fill Asbestos Insulation Register. So if you are thinking of buying or selling contact a member of our Property Law team.