Revised regulatory requirements for managing asbestos waste commenced on 28 April 2008. These amendments were made under the Protection of the Environment Operations Amendment (Scheduled Activities and Waste) Regulation 2008 following significant consultation with industry and the broader community in 2007.
The handling and storage of asbestos waste at worksites is regulated solely by SafeWork NSW under the current provisions of the Occupational Health and Safety Regulation 2001 (OH&S Regulation).
The storage, disposal and transport of asbestos waste at non-worksites is regulated by DECC and councils where they are the appropriate regulatory authority under the Protection of the Environment Operations (Waste) Regulation 2005 as follows:
- Waste must be stored on a premises in an environmentally safe manner.
- Bonded asbestos material must be securely packaged at all times.
- Friable asbestos material must be kept in a sealed container.
- Asbestos-contaminated soils must be wetted down.
- All asbestos waste must be transported in a covered, leak-proof vehicle.
- Asbestos waste must be disposed of at a landfill site that can lawfully receive this waste.
- It is illegal to dispose of asbestos waste in domestic garbage bins.
- It is also illegal to re-use, recycle or illegally dump asbestos products.
Guidance on asbestos management in the home is provided at www.nsw.gov.au/fibro and SafeWork NSW
Clean-up notices and prevention notices can also be issued by DECC and councils where they are the ARA under the Protection of the Environment Operations Act 1997 to address pollution incidents at premises relating to mobilisation of asbestos fibres, and where asbestos waste has been handled in an environmentally unsatisfactory manner.