Licencing for asbestos removalists is regulated and administered by NSW WorkCover Authority. Approval must be sought from WorkCover for the demolition and removal of asbestos.
Since 1 January 2008, a bonded asbestos licence has been required in NSW to remove more than 10m2 of bonded asbestos material. A licensed bonded asbestos removalist can remove any amount of bonded asbestos material. The two types of asbestos licences are designated as Class A and Class B licences.
- Class A licences the operator to carry out work with friable and bonded asbestos
- Class B licences the operator to carry out work with bonded asbestos only.
Information about choosing a qualified asbestos consultant is available from WorkCover or their web site http://www.workcover.nsw.gov.au
Some development in Strathfield Local Government Area does not require lodgement of a formal development application as it considered ‘exempt or complying’.
This exemption from the requirement to obtain a consent or approval in the following:
- SEPP (Exempt and Complying Development Codes) 2008
- Strathfield Council’s Planning Scheme Ordinance (or amending/adopted Local Environmental Plan).
The conditions for managing asbestos removal are set out in the SEPP and Environmental Planning & Assessment Regulation 2000, which references requirements in Australian Standard AS 2601—2001 Demolition of Structures, Work Health and Safety Regulations and associated WorkCover guidelines, especially in relation to licencing of contractors. There are also requirements that asbestos laden waste, including asbestos cement flat and corrugated sheets and any demolition material containing asbestos must be disposed of at a tipping facility licenced by the Office of Environment & Heritage (OEH).
SEPP (Exempt and Complying Development Codes) 2008 states that structures constructed prior to 1987 may contain asbestos and requires removal comply with:
Australian Standard (AS) 2601—2001 Demolition of Structures and Part 7 Demolition Code.
The Code also requires that written notification must be given at least 2 days of the intention to commence works to the owner or occupier of each dwelling (within 20 metres of the lot on which the works will be carried out). The notice must state that works involve the removal of asbestos and that it will be carried out by a licensed person in accordance with the requirements of the Work Health & Safety Regulation 2011.
Section 136E of the EP&A Regulation concerns development involving bonded asbestos material and friable asbestos material. Bonded asbestos material, bonded asbestos removal work, friable asbestos material and friable asbestos removal work have the same meanings as the Work Health and Safety Regulation 2001.
Complying development certificates for development involving building work or demolition work must be issued subject to the following conditions:
- work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under the Work Health and Safety Regulation 2011,
- the person having the benefit of the complying development certificate must provide the principal certifying authority with a copy of a signed contract with such a person before any development pursuant to the complying development certificate commences,
- any such contract must indicate whether any bonded asbestos material or friable asbestos material will be removed, and if so, must specify the landfill site (that may lawfully receive asbestos) to which the bonded asbestos material or friable asbestos material is to be delivered.
- a copy of the receipts for disposal of asbestos at a specified landfill site must be provided to the Principal Certifying Authority.