Your legal obligations before disturbing asbestos in Australia

Under the model Work Health and Safety Regulations adopted in every state and territory except Victoria (which has its own Occupational Health and Safety Regulations), any person conducting a business or undertaking must identify asbestos before any renovation, refurbishment or demolition and control the risk of exposure. Fines run into the tens of thousands of dollars per breach and rise sharply if a worker is exposed.

A Class A licence is required to remove any amount of friable asbestos or any asbestos-contaminated dust and debris. A Class B licence is required to remove more than 10 square metres of non-friable asbestos. Home owners may legally remove up to 10 square metres of non-friable asbestos themselves in most jurisdictions, but the Asbestos Safety and Eradication Agency strongly recommends using a licensed removalist for any amount because of the risk of dry cutting, incorrect wrapping and unlawful dumping. The ACT bans owner-occupier removal above 10 square metres and requires notification even below that threshold.

Licensed Class A removal work must be notified to the regulator at least five days before it starts, air-monitored by an independent licensed asbestos assessor, and cleared in writing before the area is reoccupied. Class B work requires a Safe Work Method Statement, an Asbestos Removal Control Plan and disposal at a licensed waste facility with a signed waste-tracking receipt.

Asbestos waste can only be transported by a licensed carrier and disposed of at an EPA-licensed landfill that accepts asbestos. Illegal dumping penalties in NSW, Victoria and Queensland exceed $250,000 for individuals and $1 million for corporations. Your removalist must give you the tip receipt.