As a property owner in New South Wales, you have specific legal obligations regarding asbestos-containing materials on your property. Whether you're a homeowner planning renovations, a landlord managing rental properties, or a commercial property owner, understanding these regulations is essential.
The Key Legislation
Asbestos management in NSW is governed by several pieces of legislation:
- •Work Health and Safety Act 2011 — sets out duties for persons conducting a business or undertaking (PCBUs)
- •Work Health and Safety Regulation 2017 — contains specific asbestos-related requirements
- •Protection of the Environment Operations Act 1997 — governs waste transport and disposal
- •Environmental Planning and Assessment Act 1979 — covers demolition and development requirements
When You Need a Licensed Removalist
Under NSW law, you MUST use a licensed asbestos removalist when:
- 1.Removing more than 10 square metres of bonded (non-friable) asbestos
- 2.Removing ANY amount of friable asbestos (Class A licence required)
- 3.The work is part of a business or commercial activity
Important exception: A homeowner may remove up to 10m² of bonded asbestos from their own residential property without a licence, but must still follow SafeWork NSW's safety requirements and dispose of waste correctly.
Asbestos Management Plans
If you own or manage a commercial building, workplace, or multi-unit residential property built before 2003, you are likely required to have an Asbestos Management Plan. This plan must:
- •Identify all known or assumed ACMs in the building
- •Assess the condition and risk of each material
- •Outline management procedures (monitor, encapsulate, or remove)
- •Be reviewed regularly and updated when changes occur
- •Be accessible to workers and contractors
Disposal Requirements
All asbestos waste in NSW must be:
- •Wrapped in heavy-duty plastic (200μm minimum)
- •Clearly labelled as asbestos waste
- •Transported by a licensed waste transporter
- •Disposed of at a facility licensed to accept asbestos
- •Tracked via the NSW EPA WasteLocate system
Penalties for Non-Compliance
Penalties under NSW legislation are severe:
- •Individuals: up to $55,000 per offence
- •Corporations: up to $550,000 per offence
- •Illegal dumping: up to $1,000,000 and/or 7 years imprisonment
- •WorkCover improvement/prohibition notices
How Mr Asbestos Helps You Stay Compliant
We hold Asbestos Removal Licence AD214680 (held by Obm Demolition Stripouts Pty Ltd, expiry 7 Dec 2030). Every job we complete includes:
- •Full compliance with SafeWork NSW Code of Practice
- •Proper waste tracking via WasteLocate
- •Licensed disposal at approved facilities
- •Documentation for your records
- •Clearance certificates where required
Don't risk fines or health consequences. Call Mr Asbestos on 0449 960 184 for compliant asbestos removal across Sydney.