Asbestos removal licensing in Queensland for residential builders

What it is

Queensland is a harmonised WHS jurisdiction and asbestos work on residential sites is regulated by Chapter 8 of the Work Health and Safety Regulation 2011 (Qld) made under the Work Health and Safety Act 2011 (Qld). WorkSafe Queensland is the regulator. The licensing scheme is the model WHS scheme so the licence classes line up with NSW, SA, WA, TAS, ACT and NT, although each state issues its own licences.

The classes that matter on a residential build are Class A and Class B asbestos removal licences. WorkSafe Queensland also issues asbestos assessor licences which a builder needs to source for clearance certification on friable removal work.

Class A and Class B licences

A Class A licence is required for the removal of any quantity of friable asbestos and for any non-friable asbestos. A Class B licence is required for the removal of more than 10 square metres of non-friable asbestos containing material. These thresholds sit in regulations 458 and 459 of the WHS Regulation 2011 (Qld). Below 10 square metres of bonded sheet the work can be done unlicensed, but only if the person doing the work is competent and the PCBU has assessed the risk.

A builder running a residential renovation cannot rely on the unlicensed band by splitting the strip-out across multiple invoices or days. The 10 square metre threshold applies to the cumulative quantity of non-friable asbestos removed on the site. WorkSafe Queensland has prosecuted builders who attempted to engineer the volume below the threshold.

Notification and clearance

Under regulation 466 a licensed asbestos removalist must notify WorkSafe Queensland at least five days before licensed asbestos removal work commences. The notification covers the location, the type and quantity of material, the licence holder and the removal control plan.

Clearance inspection after licensed removal is mandatory. For Class A work the clearance has to be done by an independent licensed asbestos assessor under regulation 474, and the clearance certificate has to be in writing before the area is returned to normal use. For Class B work a competent person can issue the clearance, but most builders engage an assessor anyway for audit defence.

Asbestos register and management plan

Workplaces in Queensland constructed before 31 December 2003 must have an asbestos register and an asbestos management plan under regulations 425 and 429 of the WHS Regulation 2011. Residential single dwellings used as a private home are excluded. However an apartment building, a strata complex common area, a townhouse common property area or any commercial mixed-use building is caught. Builders working on common property in Queensland strata buildings should ask the body corporate for the register before starting any work.

Where audits go wrong

WorkSafe Queensland inspection priorities cycle through asbestos work on residential demolitions and renovations. Recurring findings include builders relying on the 10 square metre exemption while running the strip-out themselves, no removal control plan on site, no notification lodged with the regulator and absent or inadequate air monitoring. A failure to engage an independent licensed asbestos assessor for clearance after Class A removal is a direct breach of regulation 474.

Penalty exposure in Queensland mirrors the model WHS Act. A category 2 offence under section 32 for breach of a health and safety duty exposing a person to risk of death or serious injury sits at $1.5 million for a body corporate. Category 1 reckless conduct under section 31 runs to $3 million. Queensland has also introduced industrial manslaughter provisions in section 34C of the WHS Act with corporate penalties up to $13.55 million in current penalty unit terms.

TradeLens audit triggers

A Queensland residential project flags as high risk on asbestos when any of these appear. Pre-1990 construction with planned alteration to wet areas, framing or roof spaces. No asbestos register sourced for strata common property work. Strip-out of bonded asbestos cement sheeting in excess of 10 square metres without a Class B licensee. No clearance certificate by an independent licensed asbestos assessor after friable removal. No WorkSafe Queensland notification lodged. Disposal records that do not match a licensed regulated waste facility.

What good looks like

Pre-demolition asbestos survey by an independent licensed assessor. Class B licence holder engaged for any bonded strip-out over 10 square metres. Class A licence holder engaged for any friable material. WorkSafe Queensland notification lodged at least five days ahead. Removal control plan reviewed and signed off by the builder. Clearance certificate issued by an independent licensed asbestos assessor for Class A work. Regulated waste disposal receipts retained on the project file for at least seven years.