BYRON SHIRE COUNCIL

Ordinary Meeting

 

Publicbsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 22 November 2018

 

11.  Submissions and Grants

11.1   Byron Shire Council Submissions and Grants as at 31 October 2018

Attachment 1... BSC Grants Register at 31 October for 22 November 2018 meeting...... 4       

 

13.  Staff Reports

General Manager

13.1   Lease for Signage on Ewingsdale Road to Ganra Pty Ltd

Attachment 1... Independent rent valuation report (Tayor Byrne) for lease to Ganra over folio 104/1119488 advertising billboard............................................................. 6

13.3   Crown Lands Transition

Attachment 1... Crown Land Manager Reserves.............................................................. 31

Attachment 2... Devolved Reserves................................................................................. 42

Corporate and Community Services

13.5   Annual Report 2017/18

Attachment 1... Annual Report 2017/18............................................................................ 46

13.6   Report of the Public Art Panel Meeting 11 October

Attachment 2... 24.2018.57.1 - Bus Shelter Designs – Alternative Options attachment to 22 November 2018 Council meetings........................................................ 158

13.7   Budget Review 1 July 2018 to 30 September 2018

Attachment 1... Budget Variations for General, Water and Sewerage Funds................ 160

Attachment 2... Itemised Listing of Budget Variations for General, Water and Sewerage Funds   223

Attachment 3... Integrated Planning and Reporting Framework (IP&R) required Quarterly Review Statement............................................................................................... 231

13.12 Election of Deputy Mayor 2018-2019

Attachment 1... Byron Shire Council Nomination Form Deputy Mayor 2018................ 248

13.13 Council Resolutions Quarterly Review - 1 April 2018 to 30 June 2018

Attachment 1... Active Resolutions as at 30 September 2018........................................ 249

Attachment 2... Completed Resolutions - 1 July to 30 September 2018........................ 321

13.15 Operational Plan 2018/19 First Quarter Report - Q1 - 1 July to 30 September 2018

Attachment 1... Operational Plan Quarterly Report - Q1 - 1 July to 30 September 2018 462

Attachment 2... Quarter 1 Report - Proposed Amendments to Operational Plan.......... 533

Sustainable Environment and Economy

13.17 PLANNING – 26.2018.2.1 - Planning Proposal for an amendment to Byron LEP 2014  and Byron LEP 1988 to permit Community Title subdivision and dwellings at Lot 1 DP 1031848, The Coast Road, Broken Head (The Linnaeus Estate)

Attachment 1... 26.2018.2.1 Planning Proposal for Lot 1 DP 1031848, The Coast Road, Broken Head - Version 1 (Gateway).................................................................. 548

Attachment 2... Template - Form of Special Disclosure of Pecuniary Interest.............. 593

13.18 PLANNING - Development Application 10.2018.86.1 - Installation of a Telecommunications Facility with Ancillary Equipment at Lot 339 DP 755692 Old Pacific Highway Brunswick Heads

Attachment 1... Plans of proposed development............................................................ 595

Attachment 2... Conditions of consent............................................................................ 603

Attachment 3... Previous Report to Council Meeting of 2 August 2018......................... 611

Attachment 4... Email dated 3 September 2018 from Applicant regarding consultation with local groups.................................................................................................... 627

Attachment 5... Email dated 7 September 2018 from Applicant regarding consultation with local groups.................................................................................................... 642

13.19 CZMP for the Eastern Precincts of the BBE  - Request for Ministerial Certification Outcome

Attachment 1... Letter from NSW Government Office of Environment & Heritage Director Anthony Lean to  Mark Arnold GM - Coastal Zone Management Plan for the Eastern Precinct not recommended for certification.......................................... 684

13.20 Blues Festival Regulatory Working Group - Expressions of Interest

Attachment 1... Bluesfest Terms of Reference:  Community Events Site Regulatory Working Group............................................................................................................... 686

13.22 Commercial Activities on Road Reserves Policy

Attachment 1... Policy: Commercial Use of Road Reserves Policy (current_policies). 697

13.26 West Byron Release Area Zone Application Review

Attachment 1... Suggested Alternative Zoning - West Byron.......................................... 720

Attachment 2... Housing typology template ................................................................... 722

13.27 PLANNING - Change of use - dwelling house to incorporate bed and breakfast accommodation, and use of existing shed to create dual occupancy (detached)

Attachment 1... DA Plans 10.2018.288.1 111 Burnetts Road Nashua........................... 724

Attachment 2... CONDITIONS OF CONSENT 10.2018.288.1.docx............................. 738

Attachment 3... Attachment 3 Ordinary 22/11/18 Submissions Received 10.2018.288.1 748

13.28 PLANNING - DA10.2018.296.1 Construct Three New Sheds and approve the use of a fourth existing shed to be used by the Men Shed Organisation

Attachment 1... Attachment 1 Ordinary 22/11/18 Submissions Received 10.2018.296.1 751

Attachment 2... Attachment 2 Ordinary 22/11/18 Proposed Plans 10.2018.296.1......... 760

Infrastructure Services

13.30 The Esplanade, New Brighton

Attachment 1... The Esplanade access and parking options.......................................... 766

Attachment 2... The Esplanade - potential offset parking scheme in North Head Road.pdf 770

13.31 Asbestos Policy

Attachment 1... Byron Shire Council Asbestos Policy 2018........................................... 771           

14.  Reports of Committees   

Sustainable Environment and Economy

14.1   Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 25 October 2018

Attachment 1... Minutes 25/10/2018 Sustainability and Emissions Reduction Advisory Committee............................................................................................................... 849

Infrastructure Services

14.2   Report of the Coastal Estuary Catchment Panel Meeting held on 27 September 2018

Attachment 1... Minutes 27/9/2018 Coastal Estuary Catchment Panel I2018/1719....... 853

14.3   Report of the Water, Waste and Sewer Advisory Committee Meeting held on 1 November 2018

Attachment 1... Minutes 01/11/2018 Water, Waste and Sewer Advisory Committee.... 856       

   


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                             11.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                13.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                           13.3 - Attachment 1

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Staff Reports - General Manager                                                                                           13.3 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.5 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                         13.6 - Attachment 2

 

Attachment 3 – Public Art Panel – Subgroup - Comments

Bus Shelter Design

Name

Supplier

Public Art Panel – Sub Panel - Comments

NWR Shelter

Asco

·    Asco model 4NWR below because of the aerodynamic roof shape, back to back seating options, simple light weight structure with little opportunity for vandalism, only 2 footings required.

 

·    The option for rear glass panel to be replaced with an aluminium panel gives an opportunity for creative input in the panel design, could be a seraphic print technique on glass, laminated glass or laser cut aluminium.

·    Any of these designs are visually clean and without architectural features (undesirable curved roof etc) that might dictate a “style”.

·    Large panels available for public art.

·    Open design and able to use either side to avoid the rain.

·    If we have to go with one of these - none are aesthetically pleasing - I'd choose Asco NWR as it's the only one with ample roof overhang.

Shelter Transit Byron 3 bay

Moodie Outdoor

·    Moodie outdoor products, 4 footings, lighter structure could be vulnerable

·    Any of these designs are visually clean and without architectural features (undesirable curved roof etc) that might dictate a “style”.

·    A full panel for public art.

Asco 4

Asco

·    Assco 4 with full panel option of 1A preferred – I prefer a flat roof but with full panels so  the opportunity to integrate a larger creative panel is provided

·    Any of these designs are visually clean and without architectural features (undesirable curved roof etc) that might dictate a “style”.

·    Too heavy and only half panels for artwork.

 

Staff - Design Comments:

·    The perforated panels in this structure could be modified to be full height of the panel to incorporate public art. 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.7 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                         13.7 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.7 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                             13.12 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                        13.13 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                        13.13 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                             13.15 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                        13.15 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.17 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.17 - Attachment 2

Local Government (General) Regulation 2005


Schedule 3A     Form of special disclosure of pecuniary interest

(Clause 195A)

Section 451 of the Local Government Act 1993

Form of Special Disclosure of Pecuniary Interest

1   The particulars of this form are to be written in block letters or typed.

2   If any space is insufficient in this form for all the particulars required to complete it, an appendix is to be attached for that purpose which is properly identified and signed by you.

Important information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993. The special disclosure must relate to a pecuniary interest that arises only because of an interest of the councillor in the councillor’s principal place of residence or an interest of another person (whose interests are relevant under section 443 of the Act) in that person’s principal place of residence. You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Civil and Administrative Tribunal.

 

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

Special disclosure of pecuniary interests

by ____________________________________________________________________________________

          [full name of councillor]


in the matter of __________________________________________________________________________

                   [insert name of environmental planning instrument]


which is to be considered at a meeting of the

 

______________________________________________________________________________________

[name of council or council committee (as the case requires)]


Report No. __________ to be held on the  _________________ day of ________________________ 201 

 

 

Pecuniary interest

Address of land in which councillor or an  associated person, company or body has a proprietary interest (the identified land)1

 

 

 

 

 

 

 

Relationship of identified land to councillor

[Tick or cross one box.]

Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease, trust, option or contract, or otherwise).

Associated person of councillor has interest in the land.

Associated company or body of councillor has interest in the land.

Matter giving rise to pecuniary interest

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land)2

[Tick or cross one box]

The identified land.

Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

 

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

 

Effect of proposed change of zone/planning control on councillor

[Insert one of the following:

“Appreciable financial gain” or

“Appreciable financial loss”]

 

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest.]

 

 

_____________________________

Councillor’s signature

 

_____________________________

Date

 

 

(This form is to be retained by the Council’s general manager and included in full in the minutes of the meeting.)

 

 

1    Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative 4 or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

      Section 442 of the Local Government Act 1993 provides that a "pecuniary interest" is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

2    A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest-see section 448 (g) (ii) of the Local Government Act 1993 .

3    "Relative" is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.18 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.18 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.18 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.18 - Attachment 4

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.18 - Attachment 5

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.19 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.20 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.22 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.26 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.26 - Attachment 2

 

 

Low rise housing options

Low density

Low rise medium density types

(*activated under the LRMD code)

 

 

Other medium density

Detached house

Secondary Dwelling

Micro lots houses

Dual Occupancy Detached *

Dual Occupancy Attached*

Multi dwelling housing - townhouse &

Terraces*

Manor House*

 

Apartment

shop top

live & workspace

Boarding houses

Byron Bespoke

Intentional Communities

Fully detached homes

Semi-detached to attached homes

Attached

 

 

 

 

Dwelling not more than  60m2 or 30% of floor area of principal dwelling.


Option of attached or detached housing on lots less than 100 m².

2 detached dwellings on one lot of land, but does not include a secondary dwelling.

2 dwellings on one lot of land that are attached to each other.

 

3 or more dwellings on one lot of land each with access at ground level

no part of a dwelling is above any part of any other dwelling.

Terrace dwellings one alignment facing the street.

 

A building containing 3 or 4 dwellings, where each dwelling is attached to another dwelling by a common wall or floor, and at least 1 dwelling is partially or wholly located above another dwelling.

 


A living space in a residential building containing 3 or more dwellings or residential space mixed with workspaces either with in the one. tenancy or separate

Let as lodgings with residence for 3 months or more, shared facilities or private within a lodgers room.

People come together to be the developer of their own homes

· Co-housing with NFP

· Bauggruppen

· Housing co-ops

 

Lot types suited to housing type

 

 

200 – 800 m2

 

450 – 800m2

 

< 100m2

 

>800m2

 

>800m2

 

R2 > 1000m2

R3 > 800m2

 

>600m2

 

> 800m2

 

N/S

 

Community title

Zone type

Residential

Residential

Undetermined

Residential

Residential and Mixed Use

Residential and Mixed Use

Residential (pending)

Residential and Mixed Use

Residential and Mixed Use

 

Life Stage#

 

Younger years

(age 18– 34)

20% of residents increasing to 26%

 

·   

·   

·   

·   

·   

 

·   

·   

·   

Parents, homebuilder, older workers (age 35 -59)

50% of residents increasing to 56%

·   

 

 

·   

·   

·   

 

 

 

·   

Empty nesters and retirees

(age 60 -69)

19% of residents decreasing to 12 %

 

·   

·   

·   

·   

·   

·   

·   

 

·   

Seniors (age 70 +)

13% of residents stable

 

·   

·   

·   

·   

·   

 

·   

·   

·   

# excludes children as a percentage of life stages – changes in percentage are projections only

Indicative lot size and density target options for future residential development (subdivisions)

Lot Type

Lot Size

Mix of lots for 25 dw/ha density (%) (refer to diagrams below)

Mix of lots for 15 dw/ha density (%) (refer to diagrams below)

Examples of houses on lots

Type A

Traditional

 Lots

450-800m2

8%

45%

  

Type B

Small Lots

200-449m2

38%

37%

      

Type C

Large Lots for Multiple Dwelling Housing and Attached Dwellings

Lots ranging from 800m2 to 1,400m2

38%

18%

            

Type D

Micro lots

 

Small lots less than 100m2

16%

-

 

15 dwellings /ha        Indicative layout                                       25 dwellings/ha Indicative layout                           Byron Bespoke Intentional Communities

 

 

 

 

 

 

 

 

 

Road way

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Not to scale

 

Lane way

 

 

 

 

 

 

Road way

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.27 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                               13.27 - Attachment 2

 

CONDITIONS OF CONSENT:

 

SCHEDULE 1   CONDITIONS OF CONSENT

 

 

Parameters of consent

1.  

Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan No.

Description

Prepared by

Dated:

171220-16017SN01

Site Plan

Greg Alderson & Associates

01/06/18

171220-16017SN02

Floor Plan

Greg Alderson & Associates

01/06/18

171220-16017SN03

Elevations

Greg Alderson & Associates

01/06/18

171220-16017SN04

Roof Plan & Section

Greg Alderson & Associates

01/06/18

171220-16017SN05

BASIX Specifications

Greg Alderson & Associates

01/06/18

180130-16017SN01

Site Plan & General Notes

Greg Alderson & Associates

21/06/18

180130-16017SN02

Existing Ground Floor Plan

Greg Alderson & Associates

21/06/18

180130-16017SN03

Existing First Floor Plan

Greg Alderson & Associates

21/06/18

180130-16017SN04

Dimensioned Ground Floor Plan

Greg Alderson & Associates

21/06/18

180130-16017SN05

Dimensioned First Floor Plan

Greg Alderson & Associates

21/06/18

180130-16017SN06

Elevations

Greg Alderson & Associates

21/06/18

180130-16017SN07

Elevations

Greg Alderson & Associates

21/06/18

180130-16017SN08

Sections

Greg Alderson & Associates

21/06/18

180130-16017SN09

Roof Plan

Greg Alderson & Associates

21/06/18

 

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

 

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

 

2.  

Support for neighbouring buildings

If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made or builder must:

 

a.       Inform the neighbouring property owner immediately.

b.       Engage a structural engineer to determine any remedial works that may need to be undertaken.

c.       Preserve and protect the adjoining building from damage.

d.       If necessary, underpin and support the building in an approved manner.

3.  

Bushfire safety measures

The New South Wales Rural Fire Service (NSW RFS) has considered the information submitted. General Terms of Approval, under Division 4.8 of the ‘Environmental Planning and Assessment Act 1979’, and a Bush Fire Safety Authority, under Section 100B of the 'Rural Fires Act 1997', are now issued subject to the following conditions:

 

Asset Protection Zones

 

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

 

1.   To allow for emergency service personnel and residents to undertake property

protection activities, a defendable space of 9 metres or to the property boundary, is to be provided around the proposed dwelling. The defendable space is to be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

2.   To allow for emergency service personnel and residents to undertake property protection activities, a defendable space of 30 metres or to the property boundary, is to be provided around the existing dwelling (to be used as a Bed and Breakfast). The defendable space is to be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of

buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

 

3.   Water, electricity and gas are to comply with sections 4.1.3 and 4.2.7 of

'Planning for Bush Fire Protection 2006'.

 

Evacuation and Emergency Management

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

 

4.   Arrangements for emergency and evacuation are to comply with section 4.2.7

of 'Planning for Bush Fire Protection 2006'.

 

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

 

5.   New construction shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard

AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

 

6.   The existing dwelling, to be used as a Bed and Breakfast, is required to be upgraded

to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tilespaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

 

Landscaping

7.   Landscaping to the site is to comply with the principles of Appendix 5 of

'Planning for Bush Fire Protection 2006'.

The following conditions are to be complied with prior to issue of a Construction Certificate for building works

4.  

Building Information Certificate Required

A Building Information Certificate is required to be issued by Council for the converted shed to dwelling. Prior to issue of the Building Information Certificate the applicant is to demonstrate to Councils satisfaction with evidence in the form of detailed report/s from suitably qualified and experienced professionals the constructed works satisfies

1.   The following Performance Provisions of the Building Code of Australia and

2.   Section B (Water Services) and Section C (Sanitary Plumbing and Drainage Services) of the Plumbing Code of Australia and

3.   Any Environmental Consultants report for the installation and/ or upgrade of the wastewater system installed on the property and

4.   Any recommended works identified in this report/s or identified by Council must be completed prior to issue of the Building Information Certificate;

Performance Requirement of the Building Code of Australia

P2.1.1 Structural stability and resistance to actions

P2.2.1 Surface water

P2.2.2 Weatherproofing

P2.2.3 Dampness

P2.3.1 Protection from the spread of fire

P2.3.2 Fire detection and early warning

P2.3.4 Bushfire Areas

P2.4.1 Wet areas

P2.4.2 Room heights

P2.4.3 Facilities

P2.4.4 Light

P2.4.5 Ventilation

P2.5.1 Stairways and ramps

NSW P2.6.1(a) Building Fabric & (b) Building Sealing
NSW P2.6.2 Services

5.  

Plans of retaining walls and drainage

If applicable, application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area exceeds 600mm in height. Adequate provision must be made for drainage.

 

Such plans and specifications must be approved as part of the Construction Certificate.

6.  

Car parking layout, vehicle circulation and access plans required.

The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.

 

The access, parking and manoeuvring for the site is to comply with the requirements of AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:

 

a)       Minimum of 5 car spaces for the bed and breakfast and one space for each dual occupancy dwelling

b)       pavement design, comprising an all weather surface. Where the driveway grade is greater than 12% it shall be sealed;

c)       site conditions affecting the access;

d)       existing and design levels;

e)       longitudinal section from the road centreline to the car space(s);

f)       typical cross sections;

g)       drainage details;

h)       turning paths; and

i)        line marking and signage.

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.        

7.  

Compliance with BASIX Certificate requirements

The development is to comply with Basix Certificate No. Cert no.922614S , dated 1/06/2018

 

The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.

 

The plans submitted must clearly indicate all windows numbered or identified in a manner that is consistent with the identification on the Basix Certificate.

 

Minor changes to the energy efficiency measures may be undertaken without the issue of any amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.

 

Proposed colours must be consistent with the provisions of Section D2.2.3 of Council’s Development Control Plan 2014. White colours are not permissible.

 

Such plans and specifications must be approved as part of the Construction Certificate.

8.  

Building materials and colours to be specified

The application for a Construction Certificate is to include plans and specifications that indicate the proposed building materials and colours consistent with the provisions of Development Control Plan 2014 – Chapter D2.2.3 - Character and Visual Impact.  Please note that colours must be non-reflective earth tone colours and that the use of white and near white colours is not permissible

 

Such plans and specifications must be approved as part of the Construction Certificate.

9.  

Developer Contributions to be paid

Contributions set out in the schedule at the end of this consent are to be paid to Council prior to the release of a construction certificate.  Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended). 

 

The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby.  These contributions are to fund public amenities and services as listed in the schedule.  Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended). 

 

The contributions in the schedule are current at the date of this consent.  The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.  The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule. 

 

PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

10. 

Long Service Levy to be paid

A Long Service Levy must be paid to the Long Service Payments Corporation.  This is a State Government Levy and is subject to change.

 

These payments may be made online at www.longservice.nsw.gov.au or at Council’s Administration Office, Station Street, Mullumbimby. When paying to Council, cheques are to be made payable to ‘Byron Shire Council’.

 

For further information regarding the Long Service Payment please refer to the website above.

11. 

On-site sewage management facility Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 for on-site effluent disposal must be obtained from Council prior to issue of a Construction Certificate.  Such approval must be issued after the date of this consent.  The application for Section 68 approval must be accompanied by a report prepared by a suitably qualified professional with demonstrated experience in effluent disposal matters, which addresses the site specific design of sewage management in accordance with the requirements of the NSW Local Government Act, and Approvals Regulation and Guidelines approved by the Director General.

12. 

Water and Sewerage - Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 to carry out water supply

work and sewerage work must be obtained.

13. 

Details of pool fence required

The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around the swimming pool in accordance with the Swimming Pools Act 1992 and AS1926.1.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

14. 

Site Waste Minimisation and Management

Chapter B8 of Byron Shire Development Control Plan 2014 (DCP 2014) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development. Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation and use of the development. The SWMMP must specify the proposed method of recycling or disposal and the waste management service provider.

 

A template is provided on Council’s website to assist in providing this information www.byron.nsw.gov.au/files/publication/swmmp - pro-forma-.doc

15. 

Tree Removal

No trees or vegetation to be cleared or removed until a Construction Certificate has been issued.

The following conditions are to be complied with prior to any building or construction works commencing

16. 

Erosion and sediment measures

Where erosion of soils or runoff of any substance is likely to occur, erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites.  This may include stockpiled materials such as sand, etc.

 

Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

17. 

Rural House numbering

The Rural Address Number for this property is No.. This number must be displayed at the main driveway entrance approved for your property, in accordance with the “Rural Property Address Guidelines”

The following conditions are to be complied with during any building or construction works

18. 

Inspection for on-site sewage management

All plumbing and drainage works is to be installed by a suitably qualified person. The plumber must adhere to the requirements of the NSW Code of Practice and AS/NZ 3500. The plumber is to arrange for the following inspections to be undertaken:

a.   Internal drainage prior to covering of the works.

b.   External drainage prior to the covering of works.

c.   Irrigation installation prior to the covering of works.

d.   Final

19. 

Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

 

a.       Monday to Friday, from 7 am to 6 pm.

b.       Saturday, from 8 am to 1 pm.

 

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition. 

20. 

Construction Noise

Construction noise is to be limited as follows:

a.          For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b.          For construction periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)

 

Note: Council may impose on-the-spot fines for non-compliance with this condition. 

21. 

Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

 

a.       stating that unauthorised entry to the work site is prohibited, and

b.       showing the name of the person in charge of the work site and a telephone number          at which that person may be contacted outside working hours.

 

Any such sign is to be removed when the work has been completed.

22. 

Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

23. 

Fill to be retained on the subject land

Fill material must not encroach onto any adjoining land.

24. 

Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition. 

25. 

Removal of asbestos

All asbestos wastes associated with removal of the existing building to be disposed of in accordance with the requirements of the Workcover Authority.  The applicant/owner is to produce documentary evidence that this condition has been met. 

 

Please note the Byron Resource Recovery Centre can not accept asbestos. You will need to arrange disposal at an alternate landfill site.

26. 

Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

27. 

Demolition

Any required demolition works must be undertaken in accordance with the relevant requirements of Australian Standard AS 2601–1991: The Demolition of Structures published by Standards Australia, and the WorkCover Authority of NSW.

28. 

Removal of demolition and other wastes

All wastes, including asbestos and lead-contaminated wastes, associated with these works are to be handled and disposed of in accordance with the requirements of the Work Cover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Wastes must be disposed of at a Licenced Waste Facility. All wastes removed from the site must be managed and disposed of in accordance with the NSW DECC Waste Classification Guidelines (2008) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf  

29. 

Muted bushland tones external finishes

To ensure the development is compatible with the surrounding environment, colours and finishes are to be muted bushland tones. In this regard white, light or bright colours are not permissible.

The following conditions are to be complied with prior to occupation of the building

30. 

Existing building/s to be bought into compliance with fire safety provisions

All recommendations identified in the Clause 94 Fire safety consideration report undertaken

by Mark Norris & Associates dated 1 June, 2018- Version 3 are to be completed prior to the

issue of an occupation certificate for the bed and breakfast.

31. 

Final Fire Safety Certificate

For all works other than domestic construction the Principal Certifying Authority is to be furnished with a final fire safety certificate signed by the owner(s) of the property. The certificate is to indicate that all fire safety measures required to be installed in the building as indicated in the fire safety schedule have been installed and meet relevant Australian Standards for design & installation. Forms are available on Council’s website.

32. 

Works to be completed prior to issue of a Final Occupation Certificate

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development including approvals issued under the Local Government Act 1993 and the Roads Act 1993, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

 

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

33. 

On-site sewage management system must be completed

The on-site sewage management system is to be constructed in accordance with approved plans and in accordance with current specifications and standards. The system is not to be used and/or operated until a Council Officer has inspected the system and authorised its use.

34. 

Approval to Operate required
In accordance with the Local Government Act, an Approval to Operate the onsite sewage management system must be obtained from Council. Forms may be downloaded from Council’s website
with 'http://www.byron.nsw.gov.au/on-site-sewage

35. 

'Food Business Registration required  and pre operational inspection fees apply,
refer:
https://www.byron.nsw.gov.au/Community/Public-health-and-safety/Food-safety

Breakfast for overnight guests is the only meals permissible to be prepared at the property.

36. 

Private water supply quality assurance plan required: refer https://www.byron.nsw.gov.au/Community/Public-health-and-safety/Food-safety

37. 

Public swimming pool registration  and water quality monitoring plan is required: refer: http://www.health.nsw.gov.au/environment/publicpools/Pages/default.aspx

38. 

Stormwater disposal

Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:

a.       Clear of buildings and infrastructure,

b.       Clear of effluent disposal areas,

c.       Not concentrated so as to cause soil erosion,

d.       Not directly to a watercourse, and

e.       Not onto adjoining land.

39. 

Compliance with bushfire conditions

Documentary evidence from a suitably qualified professional is to be submitted demonstrating that the bush fire conditions of this Notice of Determination have been complied with.

The following conditions are to be complied with at all times

40. 

Pool Safety Sign

The occupier of the premises must ensure that there is at all times a sign in the immediate vicinity of the swimming pool bearing the words ‘Young children must be supervised when using this swimming pool’. The sign is to be a prominent position and be otherwise in accordance with clause 9 of the Swimming Pools Regulation.

 

A pool resuscitation sign is to be installed in a conspicuous location within the pool area to the satisfaction of the Principle Certifying Authority.

41. 

Swimming Pool Fencing

Swimming pool fencing is to comply with the requirements of the Swimming Pool Act 1992 and Regulations at all times.

42. 

Dual occupancy (detached) not to be used for bed and breakfast accommodation

The dual occupancy located to the north of the property is not to be used for overnight bed and breakfast accommodation or as tourist and visitor accommodation. .

43. 

Limited bedrooms for bed and breakfast use

The number of bedrooms used for the purposes of overnight bed and breakfast accommodation must not exceed five (5).

44. 

Compliance with:

·      The water quality assurance plan required under the Public Health Act,

·      NSW Food Act and Food safety standards,

·      Public swimming pool water quality monitoring and record keeping requirements,

·      Approvals to operate onsite sewage, management system..

 

45. 

Noise is to be restricted from:

·      Amplified music between: Midnight to 8 am on Friday, Saturday or any day preceding a public holiday and 10pm to 8am on any other day.

·      Air conditioner or water heater: 10pm to 8am on weekends and public holidays.

·      Pumps and heat water pumps (incl. swimming pool and spa pumps) 8pm to 8am on any Saturday, Sunday or public holiday 8pm to 7am on any other day.

·      Noise is not to be audible within the habitable room of a neighbouring residence during those hours

46. 

Land use:

·      The bed and breakfast is not permitted host functions, events or weddings.

 

SCHEDULE 2   PRESCRIBED CONDITIONS

 

The prescribed conditions in accordance with Division8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98         Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A       Erection of signs

Clause 98B       Notification of Home Building Act 1989 requirements

Clause 98E       Condition relating to shoring and adequacy of adjoining property

Refer to the NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at http://www.legislation.nsw.gov.au.

 

SCHEDULE 3                  NOTES

 

Construction Certificate required:

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing. Application forms are available from the customer services counter or Council’s website www.byron.nsw.gov.au

Principal Certifying Authority:

Work must not commence until the applicant has:-

a.       appointed a Principal Certifying Authority (if the Council is not the PCA); and

b.       given Council at least two days notice of the intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

c.       notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Protection of the Environment Operations Act 1997:

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (“on-the-spot fine”) or prosecution.

Penalties apply for failure to comply with development consents

Failure to comply with conditions of development consent may lead to an on the spot fine (generally $600) being issued pursuant to section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 125 of the Environmental Planning & Assessment Act 1979.

Plumbing Standards and requirements.

All Plumbing, Water Supply, Sewerage and Stormwater Works shall be installed in accordance with the Local Government Act 1993, Plumbers Code of Australia and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications. Any plumbing inspections required under a Section 68 Approval are to occur in accordance with that approval.

Schedule of Development Contributions

The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The current contribution rates are available from Council offices during office hours. Payments will only be accepted by cash or bank cheque.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.27 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.28 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.28 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                            13.30 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                            13.30 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                       13.31 - Attachment 1

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Policy:

 

Asbestos Policy

2018

 

 

 

 


 

INFORMATION ABOUT THIS DOCUMENT
(INTERNAL USE ONLY)

 

Date Adopted by Council

 

Resolution No.

 

Document Owner

Director Infrastructure Services

Document Development Officer

Created by Environmental Programs Officer

Reviewed by Safety Officer

Review Timeframe

3 years

Last Review Date:

April 2018

Next Scheduled Review Date

April 2021

 

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Further Document Information and Relationships

Related Legislation and supporting guidance

NSW Work Health and Safety Act 2011

NSW Work Health and Safety Regulation 2017

Contaminated Land Management Act 1997

Code of practice on how to manage and control asbestos in the workplace (catalogue no. WC03560) published by SafeWork NSW

Code of practice on how to safely remove asbestos (catalogue no. WC03561) published by SafeWork NSW

Demolition work code of practice 2015

Management of asbestos in recycled construction and demolition waste 2010 published by SafeWork NSW

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000

Local Government Act 1993

Local Government (General) Regulation 2005

Protection of the Environment Operations (General) Regulation 2009

Protection of the Environment Operations (Waste) Regulation 2014

Protection of the Environment Operations Act 1997

State Environmental Planning Policy No. 55 – Remediation of Land

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

Workers’ Compensation (Dust Diseases) Act 1942.

Related Policies

E2016/14523 Byron Shire Council Enforcement Policy

Related Procedures/ Protocols, Statements, documents

Enforcement Guidelines for Councils (Ombudsman NSW 2015)

E2017 13184 Householder Asbestos Sampling Kit Procedure  

E2018 8076 BRRC Asbestos Management Plan

NSW EPA Waste Classification Guidelines

Byron Shire Council Asbestos Register (can be found on Byron Shire Council webpage)

 

Council disclaimer

 

This policy is provided for general purposes only. Council has prepared this policy based on upon the Model Asbestos Policy for NSW Councils, developed by the Heads of Asbestos Coordination Authorities to promote a consistent Local Government approach to asbestos management across NSW.

Because of how the Model Asbestos Policy has been supplied to Council, Council does not promise that the information is free from error or omission. As a result, Council will not be responsible for any damage, however caused, by the provision of this information.

This policy does not constitute legal advice. Legal advice should be sought in relation to particular circumstances and liability will not be accepted for losses incurred as a result of reliance on this policy.

Further, Council does not know each person’s reasons for seeking the information in the policy. Each person is encouraged to obtain professional advice specific to their requirements regarding the policy.

This policy was formulated to be consistent with council’s legislative obligations and within the scope of council’s powers. This policy should be read in conjunction with relevant legislation, guidelines and codes of practice. In the case of any discrepancies, the most recent legislation should prevail.


 

Table of Contents

1. Introduction. 12

1.1 Purpose. 12

1.2 Scope. 13

2. Definitions. 13

3. Roles and responsibilities of council 14

3.1 Educating residents. 14

3.2 Managing land. 14

3.3 Managing waste. 14

3.4 Regulatory responsibilities. 14

3.5 Responsibilities to workers. 16

4. Other stakeholders involved in managing asbestos. 16

5. Naturally occurring asbestos. 17

5.1 Responsibilities for naturally occurring asbestos. 17

5.2 Managing naturally occurring asbestos. 17

5.2.1 Management of naturally occurring asbestos by council 17

6. Contamination of land with asbestos. 18

6.1 Responsibilities for contaminated land. 18

6.2 Finding out if land is contaminated. 18

6.3 Duty to report contaminated land. 19

6.4 Derelict buildings. 19

7. Responding to emergencies and incidents. 20

7.1 Responsibilities in the clean up after an emergency or incident. 20

7.2 Advice to the public regarding clean up after an emergency or incident. 21

8. Council’s process for changing land use. 21

9. Council’s process for assessing development. 21

9.1 Responsibilities for approving development. 22

9.2 Providing advice to home owners, renovators and developers. 22

9.3 Identifying asbestos. 23

9.4 Removing asbestos, refurbishments and demolitions. 24

9.4.1 Removing asbestos at domestic premises. 24

9.4.2 Removing asbestos at workplaces. 25

9.4.2 Removing asbestos at workplaces. 25

9.4.3 Obtaining approval for demolition. 25

9.5 Exempt or complying development. 25

9.5.1 Exempt development. 25

9.5.2 Complying development. 26

9.6 Development applications. 26

9.6.1 Pre-development application advice regarding asbestos. 27

9.6.2 Conditions of consent. 27

9.7 Compliance and enforcement. 27

9.7.1 Responsibilities for compliance and enforcement. 27

9.7.2 Compliance strategies. 28

10. Managing asbestos as a waste. 29

10.1 Responsibilities for asbestos waste management. 29

10.2 Handling asbestos waste for disposal 29

10.3 Transporting asbestos waste. 29

10.4 Disposing of asbestos waste at waste facilities. 30

10.4.1 Situations in which asbestos waste may be rejected from waste facilities. 31

10.5 Illegal dumping of asbestos waste. 31

10.6 Asbestos remaining on-site. 32

11. Complaints and investigations. 32

12. Rights and responsibilities of workers at the council workplace. 33

12.1 Duties of council workers at the council workplace. 33

12.1.1 The General Manager. 33

12.1.2 Workers. 33

12.1.3 Prohibited work activities. 33

12.2 Responsibilities of council to council workers. 34

12.2.1 Council’s general responsibilities. 34

12.2.2 Education, training and information for workers. 34

12.2.3 Health monitoring for workers. 35

13. Identifying and recording asbestos hazards in the council workplace. 36

13.1 Identifying asbestos. 36

13.1.1 Material sampling. 36

13.2 Indicating the presence and location of asbestos. 36

13.3 Asbestos register. 36

13.4 Suspected asbestos. 36

14. Managing asbestos-related risks in the council workplace. 37

14.1 Asbestos management plan. 37

14.2 Asbestos management plan for naturally occurring asbestos. 37

14.3 Management options for asbestos-related risks in the council workplace. 37

14.4 Sites contaminated with asbestos that are council workplaces. 38

14.5 Demolition or refurbishment of council buildings and assets. 38

14.6 Removal of asbestos in the council workplace. 38

14.6.1 Removal by council employees. 39

14.6.2 Removal by contractors. 39

14.6.3 Clearance inspections and certificates. 40

15. Accidental disturbance of asbestos by workers. 40

16. Council’s role in the disposal of asbestos waste. 41

16.1 Responding to illegal dumping. 41

16.2 Transporting and disposing of asbestos waste. 41

16.3 Operating facilities licensed to accept asbestos waste. 41

16.3.1 Asbestos waste incorrectly presented to facilities. 42

16.4 Recycling facilities. 43

16.5 Re-excavation of landfill sites. 43

17. Advice to tenants and prospective buyers of council owned property. 43

18. Implementing council’s asbestos policy. 43

18.1 Supporting documents. 43

18.2 Communicating the policy. 44

18.3 Non-compliance with the policy. 45

19. Variations to this policy. 45

Appendix A – General information and guidance. 46

1. What is asbestos?. 46

2. Where is asbestos found?. 47

2.1 Naturally occurring asbestos. 47

2.2 Residential premises. 47

2.3 Commercial and industrial premises. 49

2.4 Sites contaminated with asbestos. 49

2.4.1 Situations where asbestos contamination may occur. 49

2.4.2 Significantly contaminated land. 50

3. Potentially hazardous activities. 50

4. Health hazards. 51

Appendix B – Further information. 53

Appendix C – Definitions. 56

Appendix D – Acronyms. 62

Appendix E – Relevant contacts. 63

Appendix F – Waste management facilities that accept asbestos wastes. 64

Appendix G – Asbestos-related legislation, policies and standards. 66

Appendix H – Agencies roles and responsibilities. 67

Appendix I – Scenarios illustrating which agencies lead a response in NSW... 72

Appendix J – Asbestos containing materials. 75

Appendix K – Asbestos licences. 79

Appendix L – Map. 80

 

 


 

1. Introduction

Byron Shire Council acknowledges the serious health hazard of exposure to asbestos.

In Australia, asbestos was gradually phased out of building materials in the 1980s and the supply and installation of asbestos containing goods has been prohibited since 31 December 2003. Yet asbestos legacy materials still exist in many homes, buildings and other assets and infrastructure. It is estimated that one in three Australian homes contains asbestos.

Byron Shire Council recognises its obligation to ensure that all reasonably foreseeable hazards arising from work, which may affect the health or safety of employees or other persons at the workplace, are identified, assessed, controlled and monitored.

 

Byron Shire Council is committed to ensuring that all asbestos containing material (ACM) in council controlled buildings and worksites is identified, managed and controlled to protect the health and well being of workers, contractors and the community.

Where material containing asbestos is in a non-friable form (that is, cannot be crushed by hand into a powder), undisturbed and painted or otherwise sealed, it may remain safely in place. However, where asbestos containing material is broken, damaged, disturbed or mishandled, fibres can become loose and airborne posing a risk to health. Breathing in dust containing asbestos fibres can cause asbestosis, lung cancer and mesothelioma.

It is often difficult to identify the presence of asbestos by sight. Where a material cannot be identified or is suspected to be asbestos, it is best to assume that the material is asbestos and take appropriate precautions. Further information about asbestos and the health impacts of asbestos can be found in Appendix A and website links to additional information are provided in Appendix B.

Council has an important dual role in minimising exposure to asbestos, as far as is reasonably practicable, for both:

•     residents and the public within the Local Government Area (LGA)

•     workers (employees and other persons) in council workplaces.

Council’s legislative functions for minimising the risks from asbestos apply in various scenarios including:

•     as a responsible employer

•     contaminated land management

•     council land, building and asset management

•     emergency response

•     land use planning (including development approvals and demolition)

•     management of naturally occurring asbestos

•     regulation of activities (non-work sites)

•     waste management and regulation.

1.1 Purpose

This policy aims to outline:

•     the role of council and other organisations in managing asbestos

•     council’s approach to dealing with naturally occurring asbestos, sites contaminated by asbestos and emergencies or incidents

•     general advice for residents on renovating homes that may contain asbestos

•     council’s development approval process for developments that may involve asbestos and conditions of consent

•     waste management and regulation procedures for asbestos waste in the LGA

•     council’s approach to managing asbestos containing materials in council workplaces

•     sources of further information.

1.2 Scope

This policy applies to all of Byron Shire LGA within council’s jurisdiction.

The policy provides information for council workers, the local community and wider public. Part 1 of the policy includes the sections that are likely to be of most interest to the local community and wider public. Part 2 is information that applies to workers associated with council including employees, contractors, consultants, and volunteers (as defined by the NSW Work Health and Safety Regulation 2017). Definitions for key terms used in the policy are provided in Appendix C and acronyms are listed in Appendix D.

The policy applies to friable, non-friable (bonded) and naturally occurring asbestos (where applicable) within the LGA.

The policy outlines council’s commitment and responsibilities in relation to safely managing asbestos and contains general advice. For specific advice, individuals are encouraged to contact council or the appropriate organisation (contact details are listed in Appendix E).

The policy does not provide detail on specific procedures. Practical guidance on how to manage risks associated with asbestos and asbestos containing material can be found in the:

•     Code of practice on how to manage and control asbestos in the workplace (catalogue no. WC03560) published by SafeWork NSW.

•     Code of practice on how to safely remove asbestos (catalogue no. WC03561) published by SafeWork NSW.

•     Additional guidance material listed in Appendix B.

•     Detailed information on council’s procedures and plans may be found in other documents, which are referenced in part 2 under section 18.1.

2. Definitions

Definitions are provided in Appendix C.

3. Roles and responsibilities of council

3.1 Educating residents

Council shall assist residents to access appropriate information and advice on the:

•     prohibition on the use and re-use of asbestos containing materials

•     requirements in relation to development, land management and waste management

•     risks of exposure to asbestos

•     safe management of asbestos containing materials

•     safe removal and disposal of minor quantities of asbestos containing materials.

Educational information and website links for educational materials can be found in Appendices A and B.

3.2 Managing land

Council is responsible for managing public land. This may include land with naturally occurring asbestos as described in section 5 and land contaminated with asbestos as outlined in section 6.

3.3 Managing waste

Where council is the appropriate regulatory authority, council is responsible for:

•     Taking enforcement or compliance action in accordance with Council’s Enforcement Policy and Compliance Priorities Program.

Waste facilities that are licensed to accept asbestos waste are listed in Appendix F.

3.4 Regulatory responsibilities

Council has regulatory responsibilities under the following legislation in situations where council is the appropriate regulatory authority or planning authority:

•     Contaminated Land Management Act 1997 (NSW)

•     Environmental Planning and Assessment Act 1979 (NSW)

•     Environmental Planning and Assessment Regulation 2000 (NSW)

•     Local Government Act 1993 (NSW)

•     Protection of the Environment Operations Act 1997 (NSW)

•     Protection of the Environment Operations (General) Regulation 2009 (NSW)

•     Protection of the Environment Operations (Waste) Regulation 2014 (NSW)

•     State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

•     State Environmental Planning Policy No. 55 – Remediation of Land

•    

 

Additional legislation, policies and standards relating to the safe management of asbestos are listed in Appendix G.

The situations in which council has a regulatory role in the safe management of asbestos are listed in Table 1.

 

Table 1: Situations in which council has a regulatory role in managing asbestos

Issue

Council’s role

Section of policy

Contaminated land

•       Record known asbestos site contamination on section 149 certificates where practicable and for council workplaces, record on council’s asbestos register.

•       Notify stakeholders of land use planning policy requirements relating to contamination.

•       Manage residential asbestos contaminated land that is not declared ‘significantly contaminated’ under the Contaminated Land Management Act 1997 (excluding oversight of removal or remediation work which is the role of SafeWork NSW).

Section 6

Development assessment

•       Assess development applications for approval under the Environmental Planning and Assessment Act 1979.

•       Set conditions of consent for renovations, alterations, additions, demolitions or other developments requiring consent and which may involve disturbance of asbestos containing materials.

•       Apply conditions relating to development involving friable and non-friable asbestos material under the relevant legislation and planning codes and as outlined in section 9.

Section 9

Demolition

•       Approve demolition under the Environmental Planning and Assessment Act 1979.

•       Council certifiers approve development as complying development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Section 9

Emergencies and incidents

•       Regulate the clean up of asbestos waste following emergencies where sites are handed over to the council or a local resident by an emergency service organisation (excluding oversight of licensed removal or remediation work which is the role of SafeWork NSW).

Section 7

Naturally occurring asbestos

•       Verify compliance with environmental planning and assessment legislation for development applications that could disturb naturally occurring asbestos.

•       Prepare an asbestos management plan for council workplaces or road works which occur on land containing naturally occurring asbestos.

 

Section 5

Residential premises

•       Respond to any public health risks (risks to council workers and wider public) relating to the removal of asbestos containing materials or asbestos work at residential properties that does not involve a business or undertaking.

•       Respond to complaints about unsafe work at a residential property that is undertaken by a resident (not a worker, which is the role of SafeWork NSW).

•       Respond to public health risks posed by derelict properties or asbestos materials in residential settings.

Section 9

Waste

•       Manage waste facilities in accordance with environmental protection legislation.

•       Respond to illegal storage, illegal dumping and orphan waste.

•       Regulate non-complying transport of asbestos containing materials.

Section 10

 

3.5 Responsibilities to workers

Council is committed to fulfilling its responsibilities to workers under the NSW Work Health and Safety Act 2011 and NSW Work Health and Safety Regulation 2017 and maintaining a safe work environment through council’s:

•     general responsibilities

•     education, training and information for workers

•     health monitoring for workers

•     procedures for identifying and managing asbestos containing materials in council premises.

These responsibilities are outlined in part 2.

4. Other stakeholders involved in managing asbestos

Council is committed to working collaboratively with other government agencies and where appropriate, other stakeholders as needed to respond to asbestos issues.

Appendix E notes useful contacts and Appendix H notes agencies involved in managing asbestos. Various asbestos scenarios requiring stakeholders to work together are outlined in Appendix I.


 

Part 1 – Asbestos in the Local Government Area: Information for the community

5. Naturally occurring asbestos

Naturally occurring asbestos only poses a health risk when elevated levels of fibres are released into the air, either by human activities or by natural weathering and these fibres are breathed in by people. Information on naturally occurring asbestos, work processes that have the potential to release naturally occurring asbestos fibres into the air and known locations of naturally occurring asbestos in NSW is provided in Appendix A under section 2.1. This information is indicative, and not a complete picture of all naturally occurring asbestos in NSW.

5.1 Responsibilities for naturally occurring asbestos

For naturally occurring asbestos that will remain undisturbed by any work practice, council is the lead regulator.

Where development applications propose activities that may disturb areas of naturally occurring asbestos (such as excavation), any consent or approval should contain conditions requiring: testing to determine if asbestos is present, and the development of an asbestos management plan if the testing reveals naturally occurring asbestos is present. Council will verify compliance with environmental planning and assessment legislation and together with the EPA and SafeWork NSW will coordinate enforcement where non-compliance is suspected.

Where naturally occurring asbestos will be disturbed due to a work process, including roadwork, excavation and remediation work, SafeWork NSW is the lead regulator. Requirements for workplaces are summarised in the Naturally-occurring asbestos fact sheet (catalogue no. WC03728) published by SafeWork NSW. Where naturally occurring asbestos is part of a mineral extraction process, the NSW Department of Industry is the lead regulator.

5.2 Managing naturally occurring asbestos

Where naturally occurring asbestos is encountered or suspected, the risk from disturbance of the naturally occurring asbestos should be assessed by an occupational hygienist.

The management of naturally occurring asbestos that stays in its natural state is not prohibited if managed in accordance with an asbestos management plan. Requirements for risk management, asbestos management plans and provisions for workers are outlined in the Naturally-occurring asbestos fact sheet (catalogue no. WC03728) published by SafeWork NSW. The SafeWork NSW website provides further information on naturally occurring asbestos and supporting documents on what people can do to avoid contact with naturally occurring asbestos.

5.2.1 Management of naturally occurring asbestos by council

Council will aim to prevent the exposure of workers and the public to any naturally occurring asbestos that is known or discovered in the council workplace.

6. Contamination of land with asbestos

Background information on contamination of land with asbestos and potential disturbance of asbestos contaminated sites can be found in Appendix A under sections 2 and 3. The nature of asbestos contamination of land can vary significantly and there can be a number of different mechanisms available to address this contamination depending upon its source and extent.

6.1 Responsibilities for contaminated land

Responsibility for cleaning up contaminated land lies with the person responsible for contaminating the land or the relevant landowner.

Council may take enforcement action against those responsible for the contamination in accordance with Council’s Enforcement Policy.

During site redevelopment council will consider contamination with asbestos containing materials in the same way as other forms of contamination as stipulated by the Environmental Planning and Assessment Act 1979. That is, council will apply the general requirements of State Environmental Planning Policy (SEPP) No. 55 – Remediation of Land and the Managing Land Contamination: Planning Guidelines SEPP 55 – Remediation of Land.

Council provides information about land contamination on planning certificates (issued under section 149 of the Environmental Planning and Assessment Act 1979) as outlined in section 6.2.

For sites that are ‘significantly contaminated’ and require a major remediation program independent of any rezoning or development applications, the EPA and SafeWork NSW are the lead regulatory authorities as outlined in Appendix A under section 2.4.2.

The management of council workplaces contaminated with asbestos is outlined in section 14.4.

6.2 Finding out if land is contaminated

A person may request from council a planning certificate containing advice on matters including whether council has a policy to restrict the use of land due to risks from contamination. Certificates are issued under section 149(2) of the Environmental Planning and Assessment Act 1979.

Factual information relating to past land use and other matters relevant to contamination may also be provided, even when land use is not restricted. When council receives a request for a certificate under section 149(2), it may also inform applicants of any further information available under section 149(5). Council may also use section 149(5) certificates to record other information, particularly anything else of a factual nature about contamination which council deems appropriate (such as details of land history, assessment, testing and remediation).

Council records can only indicate known contaminated sites. Any site may potentially be contaminated.

6.3 Duty to report contaminated land

A person whose activities have contaminated land or a landowner whose land has been contaminated is required to notify the EPA when they become aware of the contamination (under section 60 of the Contaminated Land Management Act 1997). Situations where this is required are explained in the document: Guidelines on the duty to report contamination under the Contaminated Land Management Act 1997.

The EPA will inform council of contaminated land matters relating to the LGA as required under section 59 of the Contaminated Land Management Act 1997.

6.4 Derelict buildings

Concerns regarding potential health risks from derelict properties may be directed to council. Derelict properties include abandoned buildings, fire damaged buildings and otherwise dilapidated buildings. Where derelict properties contain friable asbestos and asbestos is exposed, either from human activities or weathering, this poses a potential risk to public health.

Council may respond to derelict properties that pose a demonstrable public health risk using a range of regulatory tools according to the particular circumstances.  All enforcement and compliance decisions will be made in accordance with Council’s Enforcement Policy and Compliance Priorities Program.

If the derelict building is on a site that is a workplace then SafeWork NSW is the lead agency responsible for ensuring that asbestos is removed by appropriately licensed removalists.

7. Responding to emergencies and incidents

Emergencies and incidents such as major collapses, cyclones, explosions, fires, storms, or vandalism can cause damage to buildings or land that contain asbestos. This may include working with state agencies in accordance with the NSW Asbestos Emergency Plan and the Disaster Assistance Guidelines. This can create site contamination issues and potentially expose emergency service workers and the wider public to asbestos. Emergencies or incidents can arise from natural hazards, or from accidental or deliberate human activities including criminal activity.

7.1 Responsibilities in the clean up after an emergency or incident

Council may play a role in ensuring that asbestos containing materials are cleaned up after an emergency or incident. If the emergency or incident occurs at a workplace, SafeWork NSW is the lead agency.

Council will determine an appropriate response depending on the nature of the situation. Any proposed enforcement or compliance action will be considered under the terms of Council’s Enforcement Policy and Compliance Priorities Program.

This may include to:

•     Seek advice from an occupational hygienist on the likely level of risk and appropriate controls required.

•     Liaise with or consult the appropriate agencies.

•     Inform emergency personnel of any hazards known to council as soon as practicable.

•     Follow the Code of practice on how to safely remove asbestos (catalogue no. WC03561) published by SafeWork NSW.

•     Ensure that any council workers attending the site have appropriate training and are wearing appropriate personal protective equipment.

•     Exclude the public from the site.

•     Inform the public of the potential sources of exposure to asbestos, health risks and emergency management response.

•     Minimise the risks posed by any remaining structures (see section 6.4).

•     Address the risks posed by disturbed asbestos containing materials by engaging a licensed removalist (as outlined in section 14.6.2) or issuing a clean up or prevention notice (as outlined in section 6.4) to ensure asbestos containing materials are removed for disposal.

•     Ensure that the site is kept damp, at all times or sprayed with PVA glue, particularly where friable asbestos is present, if considered appropriate (noting that in some instances this may not be appropriate, for example if there are live electrical conductors or if major electrical equipment could be permanently damaged or made dangerous by contact with water).

•     Ensure that asbestos containing materials are disposed of at a facility licensed to accept asbestos waste and sight proof of appropriate disposal through weighbridge dockets or similar documentation.

7.2 Advice to the public regarding clean up after an emergency or incident

During a clean up after an emergency or incident, the possibility of neighbours being exposed to asbestos fibres may be very low if precautions are taken to minimise the release and inhalation of asbestos dust and fibres.

As a precautionary measure, where council is involved in a clean up, council may consider advising those in neighbouring properties to:

•     avoid unnecessary outdoor activity and do not put any laundry outside during the clean up

•     close all external doors and windows and stay indoors during the clean up

•     consider avoiding using air conditioners that introduce air from outside into the home during the clean up

•     dispose of any laundry that may have been contaminated with asbestos as asbestos waste after the clean up (advice on disposing of asbestos waste is provided in section 10)

•     use a low pressure hose on a spray configuration to remove visible dust from pathways after the clean up

•     wipe dusty surfaces with a damp cloth and bag and dispose of the cloth as asbestos waste after the clean up (advice on disposing of asbestos waste is provided in section 10)

•     any other measures recommended by an occupational hygienist following assessment of the situation.

8. Council’s process for changing land use

Council recognises the need to exercise care when changing zoning for land uses, approving development or excavating land due to the potential to uncover known or unknown asbestos material from previous land uses (for example, where a site has been previously been used as a landfill or for on-site burial of asbestos waste).

State Environmental Planning Policy No. 55 – Remediation of Land states that land must not be developed if it is unsuitable for a proposed use because it is contaminated. If the land is unsuitable, remediation must take place before the land is developed.

Managing sites contaminated with asbestos material is addressed in section 6.

9. Council’s process for assessing development

This section applies to development applications assessed under the Environmental Planning and Assessment Act 1979 and complying development applications assessed under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 or council’s complying codes (see section 9.5.2). This includes alterations and additions to residential development, which may include internal work as well as extensions to the existing main structure, or changes to outbuildings, sheds or garages.

This section also covers renovations that do not require development consent or a complying development certificate. In these instances, council has an educative role in providing owners and occupiers with advice and information about the identification and safe management of asbestos.

9.1 Responsibilities for approving development

Council is the consent authority for the majority of development applications in the LGA. The Joint Regional Planning Panel (JRPP) is also consent authority for certain local or regional development. Council may have representation on the JRPP.

Council or the JRPP may impose conditions of consent and a waste disposal policy to a development consent to ensure the safe removal of asbestos, where asbestos has been identified or may be reasonably assumed to be present.

Either council or a private certifier may assess a complying development certificate. Where a private certifier is engaged to assess a complying development certificate, the private certifier is responsible for ensuring that the proposed development activities include adequate plans for the safe removal and disposal of asbestos.

This also applies to the demolition of buildings. Certifiers are able to issue a complying development certificate under the Demolition Code of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Further information on demolition is provided in section 9.4.

When a private certifier issues a complying development certificate and is appointed as the Principal Certifying Authority for the development it is the certifier’s responsibility to follow up to ensure that works including asbestos handling, removal and disposal if present, are carried out appropriately in accordance with the Environmental Planning and Assessment Regulation 2000 (clause 136E). Compliance is covered in section 9.7.

9.2 Providing advice to home owners, renovators and developers

Council is committed to providing information to minimise the risks from asbestos in the LGA. Information is provided below and in Appendix A. Appendix B lists additional sources of information on how to deal safely with the risks of asbestos and Appendix J lists asbestos containing products that may be found around the home.

The key points are:

•     Before any renovation, maintenance or demolition work is carried out, any asbestos or asbestos containing materials should be identified (refer to section 9.3).

•     Where a material cannot be identified or it is suspected to be asbestos, it is best to assume that the material is asbestos and take appropriate precautions.

•     If asbestos containing materials can be maintained in good condition it is recommended that they be safely contained, left alone and periodically checked to monitor their condition, until demolition or redevelopment.

•     If asbestos materials cannot be safely contained, they should be removed as outlined in section 9.4.

•     For demolition or redevelopment, any asbestos containing materials should be safely removed and disposed of prior to the work commencing.

Anyone who is undertaking renovations themselves without a contractor is encouraged to refer to Appendices A and B for more information and contact council where they require further advice or clarification. Anyone engaging an asbestos removal contractor may contact SafeWork NSW with any queries as SafeWork NSW regulates asbestos removal by workers (as explained in section 9.4). Contact details for council and SafeWork NSW are provided in Appendix E.

9.3 Identifying asbestos

Information on common places where asbestos is likely to be found in residential, commercial and industrial premises with materials from prior to 2004 on the premises is provided in Appendix A.

A person may apply to council for a planning certificate (called a section 149 certificate) for the relevant land. Council may provide information on a planning certificate including whether council has a policy to restrict the use of land due to risks from asbestos contamination, as outlined in section 6.2.

Council aims to ensure that records are, as far as possible, accurate. In some instances, council may not have up-to-date information about asbestos for a property. Council may be able to provide general advice on the likelihood of asbestos being present on the land based on the age of the buildings or structures on the land. A general guide to the likelihood of asbestos presence based on building age is provided in Appendix A under section 2.2.

The most accurate way to find out if a building or structure contains asbestos is to obtain an asbestos inspection by a person competent in the identification and assessment of asbestos, such as an occupational hygienist (a competent person is defined by the NSW Work Health and Safety Regulation 2017). This is highly advisable before undertaking major renovations to buildings constructed, or containing materials from prior to 2004.

Property owners and agents are encouraged to inform any tenants or occupiers of the presence of asbestos and to address any potential asbestos hazards where appropriate.

Property owners who let their properties out are required to identify any asbestos within those properties before any work is carried out (this includes residential properties).

The Work Health and Safety Regulation 2017 states that the person conducting a business or undertaking in any building constructed before 31 December 2003 must identify if there is any asbestos in the building.

All commercial properties that contain asbestos must have and maintain a current asbestos register and asbestos management plan.

9.4 Removing asbestos, refurbishments and demolitions

9.4.1 Removing asbestos at domestic premises

If development is undertaken by contractors, as is the case with a lot of home renovations, then the work is considered to be at a workplace and is regulated by SafeWork NSW under the NSW Work Health and Safety Regulation 2017. This requires that a person conducting a business or undertaking who is to carry out refurbishment or demolition of residential premises must ensure that all asbestos that is likely to be disturbed by the refurbishment or demolition is identified and, so far as reasonably practicable, is removed before the refurbishment or demolition is commenced.

Depending on the nature and quantity of asbestos to be removed, a licence may be required to remove the asbestos. The requirements for licenses are outlined below and summarised in the table in Appendix K. SafeWork NSW is responsible for issuing asbestos licences.

Friable asbestos must only be removed by a licensed removalist with a friable (Class A) asbestos removal licence. Except in the case of the removal of:

·    asbestos containing dust associated with the removal of non-friable asbestos, or

·    asbestos containing dust that is not associated with the removal of friable or non-friable asbestos and is only a minor contamination (which is when the asbestos contamination is incidental and can be cleaned up in less than one hour).

 

The removal of more than 10 square metres of non-friable asbestos or asbestos containing material must be carried out by a licensed non-friable (Class B) or a friable (Class A) asbestos removalist.

The removal of asbestos containing dust associated with the removal of more than 10 square metres of non-friable asbestos or asbestos containing material requires a non-friable (Class B) asbestos removal licence or a friable (Class A) asbestos removal licence.

Removal of 10 square metres or less of non-friable asbestos may be undertaken without a licence. However, given the risks involved, council encourages residents to consider engaging a licensed asbestos removal contractor. The cost of asbestos removal by a licensed professional is comparable in price to most licensed tradespeople including electricians, plumbers and tilers.

All asbestos removal should be undertaken in accordance with the Code of practice on how to safely remove asbestos (catalogue no. WC03561).

If a residential premise is a workplace, the licensed asbestos removalist must inform the following persons before licensed asbestos removal work is carried out:

·    the person who commissioned the work

·    a person conducting a business or undertaking at the workplace

·    the owner and occupier of the residential premises

·    anyone occupying premises in the immediate vicinity of the workplace (as described in section 467 of the NSW Work Health and Safety Regulation 2017).

In certain circumstances, a premise may be used for both residential and commercial purposes and is therefore classified as a workplace.

All licensed asbestos removal must be:

·    supervised by a supervisor named to SafeWork NSW

·    notified to SafeWork NSW at least five days prior to the work commencing.

Requirements for the transport and disposal of asbestos waste are covered in section 10.

9.4.2 Removing asbestos at workplaces

The NSW Work Health and Safety Regulation 2017 specifies requirements for demolition and refurbishment at a workplace with structures or plants constructed or installed before 31 December 2003. SafeWork NSW is the lead agency for regulating the safe management of asbestos at workplaces.

9.4.3 Obtaining approval for demolition

Demolition work is classified as high risk construction work in the NSW Work Health and Safety Regulation 2017 and demolition licenses are required for some demolition work. The Demolition work code of practice 2015 provides practical guidance on how to manage the risks associated with the demolition of buildings and structures. In most circumstances demolition of a structure requires development consent or a complying development certificate. Applicants need to enquire to council as to whether and what type of approval is required. Where a development application is required council’s standard conditions need to be applied to ensure that asbestos is safely managed. Council’s conditions for development consent are referred to in section 9.6.

A wide range of development, including residential, industrial and commercial development, can be approved for demolition as complying development under the Demolition Code of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the Environmental Planning and Assessment Regulation 2000 provides mandatory conditions for complying development certificate applications.

Demolition of development that would be exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is also exempt development and does not require consent. This includes minor structures such as carports, fences, sheds and the like.

9.5 Exempt or complying development

9.5.1 Exempt development

Exempt development does not require any planning or construction approval if it meets the requirements of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

This means that there is no ability for council or a private certifier to impose safeguards for the handling of asbestos through conditions of development consent. However, council advises that all asbestos removal work should be carried out in accordance with the Code of practice on how to safely remove asbestos (catalogue no. WC03561).

9.5.2 Complying development

The Environmental Planning and Assessment Regulation 2000 (clause 136E) outlines conditions under which a complying development certificate can be issued for development that involves building work or demolition work and friable or non-friable asbestos.

Applications for complying development certificates must include details of the estimated area (if any) in square metres of friable and/or non-friable asbestos material that will be disturbed, repaired or removed in carrying out the development (under Schedule 1 part 2 of the Environmental Planning and Assessment Regulation 2000).

Where more than 10 square metres of non-friable asbestos is to be removed, a contract evidencing the engagement of a licensed asbestos removal contractor is to be provided to the principal certifying authority. The contract must specify the landfill site lawfully able to accept asbestos to which the removed asbestos will be delivered.

If the contract indicates that asbestos will be removed to a specified landfill site, the person having the benefit of the complying development certificate must give the principal certifying authority a copy of a receipt from the operator of the landfill site stating that all the asbestos material referred to in the contract has been received by the operator.

If the work involves less than 10 square metres of non-friable asbestos and is not undertaken by a licensed contractor, it should still be undertaken in a manner that minimises risks as detailed in the Code of practice on how to safely remove asbestos (catalogue no. WC03561). In instances where asbestos removal is less than 10 square metres of non-friable asbestos and not from a place of work, then SafeWork NSW would not be the agency responsible for regulating this activity. Concerns or complaints may be directed to council as outlined in section 11.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 outlines the requirements for the applicant to notify their neighbours that works may include asbestos removal.

Further requirements to inform other persons of licensed asbestos removal are described in section 467 of the NSW Work Health and Safety Regulation 2017 as noted in section 9.4.1 of this policy.

9.6 Development applications

If a proposed building does not meet the requirements of exempt or complying development then the alternative planning approval pathway is a development application (DA). A DA can only be approved by a local council, the JRPP or, for very large, State-significant development proposals, the State Government. A development application needs to be prepared and it will be assessed in accordance with the requirements of relevant environmental planning instruments and the development standards established by council. Council may undertake a site inspection as part of the DA assessment.

9.6.1 Pre-development application advice regarding asbestos

Council’s pre-DA service enables proponents to discuss asbestos-related issues with council prior to lodging a DA, if the issue is raised. Council may inform applicants of this policy, fact sheets or websites. Generally this may be most relevant to structures erected or modified before the 1980s and any other structure that could be reasonably suspected to contain asbestos including those with building materials from prior to 2004.

9.6.2 Conditions of consent

The specific conditions of any development consent will depend on the results of the development assessment process conducted by the relevant Council officer. Council does not promise that the information is free from error or omission. Council will not be responsible for any omissions or inaccuracies related to information supplied by the proponent of an application for development consent. Council will not be responsible for any damage, however caused, by the provision of such information.

Further, Council does not know each person’s reasons for seeking the information in the policy. Each person is encouraged to obtain professional advice specific to their requirements regarding the policy.

This policy was formulated to be consistent with council’s legislative obligations and within the scope of council’s powers. This policy should be read in conjunction with relevant legislation, guidelines, and codes of practice. In the case of any discrepancies, the most recent legislation should prevail.

This policy does not constitute legal advice. Legal advice should be sought in relation to particular circumstances and liability will not be accepted for losses incurred as a result of reliance on this policy.

Further information is provided in the Guide to the Model Asbestos Policy.

9.7 Compliance and enforcement

9.7.1 Responsibilities for compliance and enforcement

The controls rely on information being provided and checked by the principal certifying authority which may be either the local council or a private certifier. A private certifier has powers under the Environmental Planning and Assessment Act 1979 to issue construction certificates, compliance certificates, complying development certificates, occupation certificates and to carry out mandatory inspections. Councils will not always be the principal certifying authority. When a council is not nominated as the principal certifying authority for a complying development certificate or development application, the council may not have any knowledge of the asbestos matter. Accordingly, coordination of compliance and/or enforcement actions between the council and the private certifier may be required.

Any decision by Council to take enforcement  or compliance action in relation to a development consent condition will be considered under the terms of Council’s Enforcement Policy and Compliance Priorities Program.

 

 

In relation to naturally occurring asbestos, council is to verify compliance with environmental planning and assessment legislation and together with the EPA and SafeWork NSW is to coordinate enforcement where non-compliance is suspected.

9.7.2 Compliance strategies

Illegal works include:

·    works that are undertaken without a required development consent or complying development certificate

·    works that are undertaken that do not comply with the conditions of the development consent or complying development certificate.

Where council becomes aware of illegal work involving asbestos or asbestos containing materials, council will notify SafeWork NSW if the site is a workplace. Where appropriate Council may also notify the NSW Environment Protection Authority.

In responding to illegal works any proposed enforcement or compliance action will be considered under the terms of Council’s Enforcement Policy and Compliance Priorities Program.

10. Managing asbestos as a waste

It is illegal to dispose of asbestos waste in domestic garbage bins or to recycle, reuse, bury or illegally dump asbestos waste. Asbestos must not be placed in general waste skip bins, yet there have been instances where asbestos has been illegally placed in skip bins by third parties. Members of the public need to be aware of this hazard and may need to secure their skip bins to prevent a third party from illegally disposing of asbestos in the skip bin.

Asbestos waste (in any form) must only be disposed of at a landfill site that may lawfully receive asbestos waste.  The identification and management of asbestos waste must be guided by the NSW EPA Waste Classification Guidelines.

10.1 Responsibilities for asbestos waste management

Council’s responsibilities for asbestos waste management are outlined in section 3.3.

The handling and, where appropriate, temporary storage of asbestos waste at worksites is regulated by SafeWork NSW and the NSW EPA Waste Classification Guidelines

The EPA regulates premises that have or require an environment protection licence in accordance with the Protection of the Environment Operations Act 1997. A licence is required where more than 5 tonnes of asbestos waste, brought from off-site, is stored at any time. All other sites where asbestos waste is stored, typically those that are non-work sites, are regulated by local councils.

10.2 Handling asbestos waste for disposal

The Code of practice on how to safely remove asbestos (catalogue no. WC03561) provides details on waste containment and disposal and controls applicable to all types of asbestos removal (in section 4.8 of the Code).

10.3 Transporting asbestos waste

The following requirements apply to the transport of asbestos waste and non-compliance with these requirements is an offence under clause 78 of the Protection of the Environment Operations (Waste) Regulation 2014:

a)    any part of any vehicle in which the person transports the waste is covered, and leak-proof, during the transportation, and

b)    if the waste consists of bonded asbestos material-it is securely packaged during the transportation, and

c)    if the waste consists of friable asbestos material-it is kept in a sealed container during transportation, and

d)    if the waste consists of asbestos-contaminated soils-it is wetted down.

The transport of asbestos waste in NSW must be recorded from the place of generation to its final destination. The waste tracking system is administered by the EPA. Operators that use the EPA’s WasteLocate system will be in compliance with these requirements. Information about EPA’s WasteLocate system can be found at: www.epa.nsw.gov.au/wasteregulation/transport-asbestos-tyres.htm.

Asbestos transporters and facilities receiving asbestos waste in NSW weighing more than 100 kilograms, or consisting of more than 10 square metres of asbestos sheeting in one load must track and report this waste to the EPA using WasteLocate. The EPA regulates compliance with clause 79 of the Protection of the Environment Operations (Waste) Regulation 2014

Asbestos waste that is transported interstate must be tracked in accordance with the Protection of the Environment Operations (Waste) Regulation 2014. An environment protection licence issued by the EPA is required to transport asbestos waste interstate where any load contains more than 200 kilograms of asbestos waste.

It is an offence to transport waste to a place that cannot lawfully receive that waste (e.g. Byron Resource Recovery Centre and waste facility), or cause or permit waste to be so transported (under section 143 of the Protection of the Environment Operations Act 1997

10.4 Disposing of asbestos waste at waste facilities

The Byron Resource Recovery Centre and waste facility will not accept asbestos waste. Information can be found on the Council website, refer to Safely disposing of asbestos: https://www.byron.nsw.gov.au/Waste-recycling/Asbestos-removal-and-disposal#section-4

The closest waste facilities that will accept asbestos waste is the Tweed Shire & Lismore City.

·    Stotts Creek Resource Recovery Centre (Tweed Shire)

Located at Leddays Creek Road, Stotts Creek, Off Tweed Valley Way.

Opening hours are Monday to Friday 7am – 3.45pm, weekends and public holidays 9am – 3.45pm.

This facility will not accept asbestos on the weekends or after 2.30pm on week days.

Phone: (02) 6670 7400

 

·    Lismore Recycling & Recovery Centre

Located at 313 Wyrallah Road, East Lismore.

Opening hours are Monday to Friday 7am to 4pm, Saturday and Sunday 9am to 4pm.

Phone: 1300 87 83 87

Persons delivering waste to a landfill site must comply with the following requirements:

·    a person delivering waste that contains asbestos to a landfill site must inform the landfill occupier of the presence of asbestos when delivering the waste.

·    when unloading and disposing of asbestos waste at a landfill site, the waste must be unloaded and disposed of in such a manner as to prevent the generation of dust or the stirring up of dust.

Non-compliance with these requirements is an offence under the Protection of the Environment Operations (Waste) Regulation 2014 and these offences attract strong penalties.

 (Further, Council does not know Tweed Shire & Lismore City Council’s future plans for asbestos disposal. Each person is encouraged to obtain advice from the respective waste facility specific to their requirements. This policy should be read in conjunction with Tweed Shire & Lismore City’s Asbestos Policies.)

10.4.1 Situations in which asbestos waste may be rejected from waste facilities

Asbestos waste may be rejected from a waste facility if the waste is:

·    not correctly packaged for delivery and disposal (as per sections 10.2 and 10.3)

·    not disclosed by the transporter as being asbestos or asbestos containing materials, or

·    taken to a waste facility that does not accept asbestos waste.

Where waste is rejected, the waste facility must inform the transporter of the waste of a waste facility to which the waste may be transported, that is, a waste facility at which the waste can be legally accepted (as required by the Protection of the Environment Operations (Waste) Regulation 2014).

Individuals may be fined $7,500 and corporations may be fined $15,000 under the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2014 for transporting asbestos waste to a facility that cannot lawfully receive asbestos waste.

10.5 Illegal dumping of asbestos waste

Illegal dumping is the unlawful deposit of waste onto land. That is waste materials dumped, tipped or otherwise deposited onto private or public land where no licence or approval exists to accept such waste. Illegal landfilling, which is waste used as fill material, with or without the consent of the owner or occupier of the land and without the necessary council or EPA approvals, is also considered to be illegal dumping and pollution of land.

Illegal dumping of asbestos waste is a serious offence and significant fines apply.

The responsibility for cleaning up illegally dumped waste lies with the person or company that deposited the waste. If they cannot be identified the relevant occupier or landowner becomes the responsible party.

Local councils are the appropriate regulatory authority for illegal dumping of asbestos unless:

·    the activity was part of the carrying on of an activity listed in Schedule 1 of the Protection of the Environment Operations Act 1997

·    the activity was carried out by a public authority or the state, or

·    the site is regulated by a different authority such as the Minister for Planning.

A handbook to assist Aboriginal communities to prevent and arrange the clean up of illegal dumping (published by the EPA) is noted in Appendix B.

10.6 Asbestos remaining on-site

The disposal of asbestos on site is not encouraged as it requires an effective ongoing system of long term management to ensure the material does not pose unacceptable risks to future site activities and occupants. For on-site burial of asbestos waste, council will seek advice from the EPA. Council will confirm if on-site disposal is permitted under planning controls whether or not consent is required and will require recording of on-site disposal on the zoning certificate (section 149 certificate).

11. Complaints and investigations

Complaints and inquiries may be directed to council about incidents in public places and private properties. Complaints and inquiries regarding a workplace should be directed to SafeWork NSW. Complaints and inquiries regarding licensed premises under the Protection of the Environment Operations Act 1997 should be directed to the EPA.

Council will respond to complaints and inquiries regarding:

·    council’s requirements in relation to development, land management and waste management

·    derelict properties

·    general asbestos safety issues illegal dumping

·    safe removal and disposal of minor quantities of asbestos materials

·    unsafe work at a residential property conducted by a homeowner or tenant.

Complaints about council in relation to asbestos may be directed to the NSW Ombudsman.

Part 2 – Management of asbestos risks within council

12. Rights and responsibilities of workers at the council workplace

12.1 Duties of council workers at the council workplace

12.1.1 The General Manager

The General Manager has a duty to exercise due diligence to ensure that council complies with the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2017. This includes taking reasonable steps to ensure that council has and uses appropriate resources and processes to eliminate or minimise risks associated with asbestos.

12.1.2 Workers

Workers have a duty to take reasonable care for their own health and safety and that they do not adversely affect the health and safety of other persons. Accordingly workers:

·    must comply with this policy and any reasonable instruction or procedure relating to health and safety at the workplace

·    must use any personal protective equipment provided, in accordance with information, training and reasonable instruction provided so far as the worker is reasonably able

·    may cease, or refuse to carry out, work if the worker has a reasonable concern that to carry out the work would expose them, or other persons, to a serious health or safety risk, emanating from an immediate or imminent exposure to a hazard

·    should ensure they are using the latest version of all relevant procedures, plans, guidelines and legislation (refer to Appendix G).

Managers are responsible for ensuring workers who report to them have access to this policy and appropriate information, documentation and training.

12.1.3 Prohibited work activities

Council will not permit the use of the following on asbestos or asbestos containing material:

·    high pressured water spray (unless for fire fighting or fire protection purposes), or

·    compressed air.

Council will not permit the following equipment to be used on asbestos or asbestos containing material unless the use of the equipment is controlled in accordance with the NSW Work Health and Safety Regulation 2017:

·    power tools

·    brooms (note brooms are allowed for use on vinyl floor tiles), or

·    any other implements that cause the release of airborne asbestos into the atmosphere.

Council will not permit council workers to undertake the removal and disposal of friable asbestos, or more than 10 square metres of non-friable asbestos, a licenced asbestos removalist will undertake this type of asbestos removal and disposal.

Council will not permit council workers to undertake asbestos related work unless they have a reasonable level of asbestos awareness, including knowledge of the latest version of all relevant procedures, plans, guidelines and legislation relating to their work activity. Relevant information should be contained in the work activity Asbestos Management Plan and Safe Work Method Statement.

Council will not permit council workers to undertake asbestos related work unless their have signed a Safe Work Method Statement developed for work with asbestos which adheres to the Code of practice on how to safely remove asbestos (catalogue no. WC03561).

12.2 Responsibilities of council to council workers

12.2.1 Council’s general responsibilities

Council has general responsibilities under the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2017. Accordingly council will:

·    not use any asbestos containing materials (unless in accordance with part 8.1 (419) of the NSW Work Health and Safety Regulation 2011) and will not cause or permit asbestos waste in any form to be reused or recycled

·    ensure that exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable

·    ensure that the exposure standard for asbestos (defined in Appendix C) is not exceeded in the workplace

·    notify SafeWork NSW immediately if persons are likely to be affected by asbestos fibres or if an air monitoring process records respirable asbestos fibre levels above 0.02 fibres/ml of air

·    ensure that any contractors engaged to undertake the removal of asbestos for council are appropriately licensed

·    consult with workers as required by the Work Health and Safety Act 2011.

Council will not import asbestos or asbestos containing material into Australia as prohibited under the Customs (Prohibited Imports) Regulations 1956. If plant or other materials are imported from countries where asbestos is not yet prohibited, council shall ensure the plant or materials do not contain asbestos prior to supply or use in the workplace.

12.2.2 Education, training and information for workers

As required by the NSW Work Health and Safety Act 2011 and NSW Work Health and Safety Regulation 2017, council will:

·    provide any information, training, instruction or supervision that is necessary to protect all persons at the workplace from risks to their health and safety arising from work carried out as part of the conduct of council business

·    ensure workers who council reasonably believes may be involved in asbestos removal work or the carrying out of asbestos-related work in the workplace are trained in the identification, safe handling and suitable control measures for asbestos and asbestos containing material.

Any workers who are involved in any activity listed in Appendix A under section 3 on behalf of, or for, council shall be provided with access to a copy of this policy and information and training suitable to their role and the activity.

Workers may be required to sign a statement to the effect that they acknowledge they have received, read and understood a copy of council’s Asbestos Policy and any relevant procedures, or alternatively workers may note this in council’s electronic record keeping system.

Council may also provide information and training to council employees who may need to respond to asbestos issues related to renovations and developments as outlined in section 9.

Training will cover topics outlined in the Code of practice on how to safely remove asbestos (catalogue no. WC03561). Education and training will only be provided by appropriately accredited individuals.

Education and training may include both initial induction and ongoing reinforcement on a regular basis.

Education and training will be delivered and reinforced such as tool box meetings, general in-house training, on council’s intranet or Learning Management System (LMS).

A record of asbestos training undertaken by each worker will be kept until five years after the day the worker ceases to work for council.  

A list of workers who have received the appropriate training to respond to asbestos hazards is available in Asbestos Management Plans and records will be kept in the Learning Management System (LMS). Asbestos Management Plans can be accessed in the records management system.

12.2.3 Health monitoring for workers

Council will ensure health monitoring is provided to a worker if they are carrying out licensed asbestos removal work, other ongoing asbestos removal work or asbestos-related work at the workplace for council and are at risk of exposure to asbestos when carrying out the work.

The health monitoring will be consistent with the Code of practice on how to safely remove asbestos (catalogue no. WC03561) and meet the requirements of the NSW Work Health and Safety Regulation 2017 (part 8.5 Division 1).

Health counselling may be appropriate where a heightened sense of concern exists for individuals possibly exposed to elevated levels of airborne asbestos fibres.

Employees who were exposed to asbestos in the past and if there is a risk to the health of the employee as a result of that exposure, are covered by the NSW Work Health and Safety Regulation 2017 (clauses 435-444). Council will ensure these employees are kept on the health monitoring program. Health & Injury Management is responsible for coordinating the health monitoring every three years for workers and council employees, including maintaining record keeping systems. I

13. Identifying and recording asbestos hazards in the council workplace

This section outlines how council will identify and record asbestos hazards in the workplace. This section does not cover naturally occurring asbestos which is addressed in section 5 or illegal dumping which is addressed in section 10.5.

13.1 Identifying asbestos

Council will ensure, so far as is reasonably practicable, that all asbestos or asbestos containing material at the workplace is identified by a competent person (as defined by the NSW Work Health and Safety Regulation 2017). If a material cannot be identified or accessed, it will be assumed to be asbestos. This does not apply if council has reasonable grounds to believe that asbestos or asbestos containing material is not present.

13.1.1 Material sampling

Council may choose to identify asbestos or asbestos containing material by arranging for a sample to be analysed. Where council arranges sampling of asbestos containing material, this will be undertaken by an appropriately trained and competent council worker or a competent person will be contracted to undertake this task. Analysis of the sample must only be carried out by a National Association of Testing Authorities (NATA) accredited laboratory (refer to Appendix E) or a laboratory approved or operated by the regulator.

13.2 Indicating the presence and location of asbestos

Council will clearly indicate the presence and location of any asbestos or asbestos containing material identified or assumed at the workplace. Where it is reasonably practicable to do so, council will indicate the presence and location of the asbestos or asbestos containing material by a label.

13.3 Asbestos register

Council has an asbestos register which can be found on the Byron Shire Council webpage:  https://www.byron.nsw.gov.au/Community/Public-health-and-safety/Asbestos-safety#section-2

Council’s asbestos register will be maintained to ensure the register lists all identified (or assumed) asbestos in the workplace and information in the register is up to date. The asbestos register will be accessible, reviewed, revised and otherwise managed as mandated by the NSW Work Health and Safety Regulation 2017 (clauses 425 – 428).

Council will ensure that any worker being carrying out or intending to be carried out work at a council workplace that involves a risk of exposure to airborne asbestos, is given a copy of the asbestos register.

13.4 Suspected asbestos

If a worker suspects there is asbestos in a council workplace, they should inform their manager or supervisor. A competent worker should check the asbestos register for existing asbestos locations and control measures and may need to arrange for an inspection and sampling of the material (refer to section 13.1.1). If it is likely that asbestos or suspected asbestos is present, the asbestos register will be updated and workers will be notified of any newly identified asbestos locations.

Council may need to manage the suspected asbestos as outlined in section 14. If the suspected asbestos has been disturbed and has, or could, become airborne, council may need to respond immediately as outlined in section 15.

14. Managing asbestos-related risks in the council workplace

14.1 Asbestos management plan

Council will prepare an asbestos management plan for asbestos in the council workplace.

Council has multiple asbestos management plans for asbestos in the council workplace, examples include:

·    Byron Shire Council Head Office;

·    Byron Resource Recovery Centre;

·    Byron Shire Works Depot; and

·    more than 80 other various council sites.

The asbestos management plans will be accessible, reviewed, revised and otherwise managed as mandated by the NSW Work Health and Safety Regulation 2017 clause 429.

These plans can be found, together with Council’s Asbestor Register on Council’s website:  https://www.byron.nsw.gov.au/Community/Public-health-and-safety/Asbestos-safety#section-2

14.2 Asbestos management plan for naturally occurring asbestos

Council is not aware of any naturally occurring asbestos in the workplace. If naturally occurring asbestos is discovered, council will prepare an asbestos management plan in relation to the naturally occurring asbestos in accordance with the NSW Work Health and Safety Regulation 2017 part 8.4 (Management of naturally occurring asbestos).

14.3 Management options for asbestos-related risks in the council workplace

Council’s asbestos management plans includes decisions and reasons for decisions about the management of asbestos at the workplace.

Options for managing asbestos-related risks include:

·    removal of asbestos or asbestos containing materials (preferred wherever reasonably practicable)

·    interim control measures: enclosure (only for non-friable asbestos), encapsulation (when the original asbestos bond is still intact) or sealing (where the sealed material is unlikely to be subject to mechanical damage) asbestos containing material, to be implemented along with regular inspections by a competent person

·    leaving asbestos containing material in situ (deferring action).

Council may undertake an asbestos risk assessment, in consultation with workers and/or their representatives, in order to inform decision-making. Only competent persons will perform risk assessments or any subsequent reviews or revisions of risk assessments.

For all asbestos work or asbestos-related work, safe work practices in accordance with legislative requirements will be in place and suitable personal protective equipment will be used.

Risk management processes will adhere to council procedures, including:

·    Risk Management Policy and Framework

·    Risk Assessment Templates

·    WHS Hazard and Risk Management Procedure

 

14.4 Sites contaminated with asbestos that are council workplaces

Where asbestos is identified as contaminating a workplace, the site will be included in council’s asbestos register and asbestos management plan.

Council may need to ensure that an exposure assessment is undertaken and that appropriate risk management options are determined and implemented.

For asbestos in soil or aggregate, a suitably qualified occupational hygienist must carry out an assessment if the material in the soil and aggregate is unknown or classified as friable.

Council should engage specialists, who may include asbestos removalists, for all cases except in the case of minor, non-friable contaminations.

Further details on managing land contaminated with asbestos may be found in section 6.

14.5 Demolition or refurbishment of council buildings and assets

Council will ensure that before any demolition or refurbishment of a council structure or plant constructed or installed before 31 December 2003 is undertaken, the asbestos register is reviewed and a copy provided to the business undertaking the demolition or refurbishment. Council will ensure that any asbestos that is likely to be disturbed is identified and, so far as is reasonably practicable removed.

14.6 Removal of asbestos in the council workplace

Removal of asbestos or asbestos containing materials in the council workplace will be undertaken in accordance with the:

• NSW Work Health and Safety Act 2011

• NSW Work Health and Safety Regulation 2017.

Council may also refer to the Code of practice on how to safely remove asbestos (catalogue no. WC03561).

For licensed asbestos removal work, a licensed asbestos removalist must meet the requirements of the NSW Work Health and Safety Regulation 2017 including the requirements to:

·    notify SafeWork NSW at least five days prior to the asbestos removal work commencing. However, in the case of emergency work, such as burst pipes, fires and illegally dumped asbestos, council may request to SafeWork NSW that this five days period be waived

·    prepare, supply and keep an asbestos removal control plan

·    obtain a copy of the asbestos register for the workplace before carrying out asbestos removal work at the workplace (this does not apply if the asbestos removal work is to be carried out at residential premises, for example cleaning up asbestos that has been illegally dumped at a residential premises)

·    inform the person with management or control of the workplace that the licensed asbestos removal work is to be carried out at the workplace

·    erect signs and barricades

·    limit access to the asbestos removal area

·    properly dispose of asbestos waste and dispose of, or treat, contaminated personal protective equipment

·    arrange a clearance inspection and clearance certificate.

Where council is informed that asbestos removal work is to be carried out at the workplace, council will inform workers and those in the immediate vicinity of the workplace and limit access to the asbestos removal area as per the NSW Work Health and Safety Regulation 2017.

14.6.1 Removal by council employees

A list of employees trained and nominated to remove asbestos as well as the nominated supervisors should be listed in council’s Asbestos Management Plans.

Council will ensure that before any council employee undertakes asbestos (or suspected asbestos) removal work they are:

·    appropriately trained

·    adequately supervised

·    provided with appropriate personal protective equipment and clothing

·    provided access to this policy

·    provided with information about the health risks and health effects associated with exposure to asbestos and the need for, and details of, health monitoring.

·    Complying with the appropriate safe work method statements:

Asbestos Removal (at Byron Resource Recovery Centre)

Investigating illegal waste dumping, demolition or asbestos removal complaints

Waster Operators Tapping Mains

General Operation – Working with and cutting Asbestos Pipes

Any asbestos related work by council employees requires a Safe Work Method Statement.

14.6.2 Removal by contractors

Where council commissions the removal of asbestos at the workplace, council will ensure asbestos removal work is carried out only by a licensed asbestos removalist who is appropriately licensed to carry out the work, unless specified in the NSW Work Health and Safety Regulation 2017 that a licence is not required.

Where council requires the services of asbestos removalists, council will require the licence details of asbestos removalists prior to engaging their services and will verify the licence details with SafeWork NSW’s Certification Unit prior to entering a contract or agreement with the licensed asbestos removalists.

Council is required to ensure that the work is carried out by a competent person who has been trained in the identification and safe handling of, and suitable control measures for, asbestos and asbestos containing material. Council will therefore require a statement in a written contract or agreement with the licensed asbestos removalist that the licensed asbestos removalist who will undertake the work has been adequately trained and is provided with appropriate health monitoring by their employer.

The licensed asbestos removalist is to provide the following documentation prior to carrying out asbestos removal work:

·    asbestos removal control plan

·    evidence of training

·    Safe Work Method Statement (SWMS).

·    public liability certificate of currency

·    workers compensation certificate of currency

·    SafeWork NSW confirmation details to carry out the removal work

Council will provide a copy of the asbestos register to the licensed asbestos removalist.

Where council becomes aware of any breaches by licensed asbestos removalists, council will report this to SafeWork NSW.

14.6.3 Clearance inspections and certificates

Where council commissions any licensed asbestos removal work, council will ensure that once the licensed asbestos removal work has been completed, a clearance inspection is carried out and a clearance certificate is issued by an independent licensed asbestos assessor (for Class A asbestos removal work) or an independent competent person (in any other case) before the asbestos removal area is re-occupied.

The friable asbestos clearance certificate will require visual inspection as well as air monitoring of the asbestos removal site. Air monitoring is mandatory for all friable asbestos removal. The air monitoring must be conducted before and during Class A asbestos removal work by an independent licensed asbestos assessor.

The friable asbestos clearance certificate is to state that there was no visible asbestos residue in the area or vicinity of the area where the work was carried out and that the airborne asbestos fibre level was less than 0.01 asbestos fibres/ml.

15. Accidental disturbance of asbestos by workers

In situations where asbestos is accidentally disturbed by council work and has, or could, become airborne, council will act to minimise exposure of workers and the wider public to airborne asbestos.

It may be appropriate that council:

·    stop works in the vicinity of the asbestos immediately

·    inform the site supervisor immediately, inform necessary workers and record the incident

·    evacuate the area

·    provide personal protective equipment and briefing to appropriately trained workers who will respond to the incident

·    restrict access to the area and ensure only appropriately trained and equipped council workers attend the site

·    exclude the public from the site and provide information to the public if in a public area

·    wet surfaces to reduce the dust levels

·    prevent the spread of contamination by using wash down facilities

·    provide information, training and supervision to all workers potentially at risk

·    contact SafeWork NSW to report the disturbance. SafeWork NSW must be immediately notified if persons are likely to be effected by asbestos fibres or if an air monitoring process records a level above 0.02 fibres/ml of air

·    implement an air monitoring program to assess asbestos exposure levels and specific risk control measures.

·    liaise with or consult the appropriate agencies

·    seek advice from an occupational hygienist

·    follow the Code of practice on how to safely remove asbestos (catalogue no. WC03561)

·    ensure that asbestos materials are disposed of at a facility licensed to accept asbestos materials, and where contractors have been engaged to dispose of asbestos waste, sight proof of appropriate disposal through weighbridge dockets or similar documentation

·    update the asbestos register and notify workers of any newly identified asbestos locations.

16. Council’s role in the disposal of asbestos waste

16.1 Responding to illegal dumping

Removal of illegally dumped asbestos material or suspected asbestos material by council employees will be undertaken in accordance with section 14.6.1 or section 14.6.2.

Where council becomes aware of illegally dumped asbestos material outside of council’s jurisdiction, council will promptly notify the relevant authority.

16.2 Transporting and disposing of asbestos waste

Council will transport and dispose of waste in accordance with the legislation and as outlined in section 10.

16.3 Operating facilities licensed to accept asbestos waste

Byron Shires’ waste facility will not accept asbestos or asbestos contaminated waste.

Licenced waste management facilities (e.g. Tweed Shire & Lismore City) must be managed in accordance with the Protection of the Environment Operations (Waste) Regulation 2014 including clause 80 which specifies that:

1)    A person disposing of asbestos waste off the site at which it is generated must do so at a landfill site that can lawfully receive the waste.

2)    When a person delivers asbestos waste to a landfill site, the person must inform the occupier of the landfill site that the waste contains asbestos.

3)    When a person unloads or disposes of asbestos waste at a landfill site, the person must prevent:

a.    any dust being generated from the waste, and

b.    any dust in the waste from being stirred up.

16.3.1 Asbestos waste incorrectly presented to facilities

This section applies to situations where asbestos waste is taken to a council waste facility and the waste is:

·    not correctly packaged for delivery and disposal (as per sections 9.2 and 9.3)

·    not disclosed by the transporter as being asbestos or asbestos containing materials

·    taken to a waste facility that does not accept asbestos waste.

In these situations, council may record relevant details such as the:

·    contact details of the transporter

·    origin of the asbestos or asbestos containing material

·    amount and type of asbestos or asbestos containing material

·    reasons why the asbestos waste was not properly packaged, disclosed or transported to a waste facility licensed to receive asbestos waste

·    development consent details (if applicable).

Where asbestos waste is not correctly packaged for delivery and disposal, or is not disclosed by the transporter as being asbestos or asbestos containing materials, council may:

·    reject the asbestos waste from the facility

·    suggest the transporter re-package the load correctly at the facility

·    provide a bay for wetting and/or wrapping the asbestos and protective equipment for the transporter e.g. the option to purchase an asbestos waste handling kit (for non-commercial operators with less than 10 square metres of non-friable asbestos)

·    provide the transporter with educational material such as SafeWork NSW fact sheets on correct methods for packaging, delivery and disposal of asbestos

·    question the transporter about the source of asbestos waste

·    Take enforcement action or compliance action in accordance with Council’s Enforcement Policy and Compliance Priorities Program.

Where asbestos waste is taken to a waste facility that does not accept asbestos waste, council may reject the waste. Where waste is rejected, council should complete a rejected loads register (a template is available from SafeWork NSW). Council will also inform the transporter of a waste facility to which the waste may be transported, that is, a waste facility at which the waste can be legally accepted (as required by the Protection of the Environment Operations (Waste) Regulation 2014). If council suspects that there is a risk of illegal dumping of the rejected waste, council will inform council’s enforcement  officers. Suitable disposal for loads that are refused entry will remain the responsibility of the transporter

Where asbestos waste is illegally dumped at an unstaffed waste station, management options for council include to:

·    undertake surveillance via video cameras to issue fines or deter dumping

·    provide targeted education to neighbouring landholders to ensure that they do not allow access to the waste station.

16.4 Recycling facilities

Council should screen and inspect incoming loads at recycling facilities for the presence of asbestos or asbestos containing materials to minimise asbestos contamination risk.

To prevent contamination of recycled products and to manage situations where contamination has occurred, council should adhere to the guide: Management of asbestos in recycled construction and demolition waste.  Where contamination has occurred Council must also give consideration to the NSW EPA Waste Classification Guidelines.

Screening and identification procedures are outlined in Safe Work Methods Statement for Asbestos Removal (at the Byron Resource Recovery Centre).

16.5 Re-excavation of landfill sites

The re-excavation of a council landfill site where significant quantities of asbestos waste are deposited is not encouraged and should only be considered with reference to any available records on the nature, distribution and quantities of asbestos waste required under the relevant legislation, and consultation with the Environment Protection Authority (as the appropriate regulatory authority under the Protection of the Environment Operations Act 1997).

17. Advice to tenants and prospective buyers of council owned property

Council may provide advisory notes to tenants and prospective buyers of council owned property that is likely to contain asbestos.

Council may request that tenants in council property:

·    advise council of any hazards relating to asbestos

·    minimise damage to asbestos containing material

·    co-operate with council in facilitating any risk management work arranged by council

·    act on advice from council to minimise risks from asbestos.

18. Implementing council’s asbestos policy

18.1 Supporting documents

The implementation of this policy is supported by council’s:

·    conditions of consent

·    Guidance for disposing of asbestos waste on the council website.

·    Enforcement Policy and Compliance Priorities Program

 

Council also has several internal documents that support this policy, for example:

·    Risk management policy and framework

·    Council’s existing risk assessment matrices and a risk controls checklist for asbestos

·    Work health safety statement and framework

·    Asbestos management plans

·    Safe work method statements/ procedures for asbestos handling and removal for council employees

·    Asbestos register

·    Complaints handling procedures

·    Incident report form

·    Employee health monitoring program

·    Maintenance and inspection schedules for council owned assets

·    Site specific safety management plans

·    Training registers/ records (relevant to identifying, handling and removing of asbestos materials).

Council may also wish to note any documents which council intends to prepare to support this policy, for example:

·    asbestos inquiries and complaints response flowchart and checklist

·    asbestos management plan

·    conditions of consent

·    community education strategy.

Council may also wish to note the month or year by which time council aims to complete these documents.

18.2 Communicating the policy

This is a publicly available policy. The policy is to be made available via:

·    Council’s main administration building

·    Council’s website (https://www.byron.nsw.gov.au)

·    Council’s electronic record keeping system E2018 31878 Asbestos Policy

All employees shall receive information about the policy from People and Culture staff at iinduction..

Any workers (including employees, contractors, consultants and, where relevant, volunteers and members of the public) who are involved in any activity or activities listed in Appendix A under section 3 on behalf of, or for, council shall be provided with access to a copy of this policy and relevant supporting documents. This includes any workers involved in commencing, arranging, undertaking, regulating, inspecting or supervising a potentially hazardous activity or activities. Managers are responsible for ensuring workers who report to them have access to the policy and appropriate information, documentation and training in asbestos awareness (as per the NSW Work Health and Safety Regulation 2017) prior to planning the activity or activities. Further information about training is noted in section 12.2.2 of this policy.

Council shall incorporate a statement regarding compliance with this policy in all relevant contracts and agreements with workers (including employees, contractors, consultants and, where relevant, volunteers and members of the public).

In the case of any substantive revisions to the policy, the revisions will be approved by the General Manager and the General Manager will notify all persons who may have cause to undertake, arrange or supervise any activities listed in Appendix A under section 3 on behalf of, or for, council.

18.3 Non-compliance with the policy

Failure by workers to adhere to the policy and failure by managers to adequately inform relevant workers of this policy shall be considered non-compliance with this policy.

The appropriate supervisor, manager, director, or the General Manager, shall take action in the case on non-compliance with the policy and this may include providing education and training, issuing a verbal or written warning, altering the worker’s duties, or in the case of serious breaches, terminating the worker’s services. Each case shall be assessed on its merits with the aim of achieving a satisfactory outcome for all parties.

Workers should approach their supervisor or manager if they are experiencing difficulties in understanding or implementing the policy or if they are concerned that other workers are not complying with the policy.

19. Variations to this policy

Council reserves the right to review, vary or revoke this policy. The General Manager may allow variations to the policy for minor issues in individual cases.

 

 

Appendices

Appendix A – General information and guidance

1. What is asbestos?

Asbestos is the generic term for a number of naturally occurring, fibrous silicate materials. If asbestos is disturbed it can release dangerous fine particles of dust containing asbestos fibres. Breathing in dust containing elevated levels of asbestos fibres can cause asbestosis, lung cancer and mesothelioma.

There are two major groups of asbestos:

·    the serpentine group contains chrysotile, commonly known as white asbestos

·    the amphibole group contains amosite (brown asbestos) and crocidolite (blue asbestos) as well as some other less common types (such as tremolite, actinolite and anthophyllite).

Further information about the different types of asbestos can be found in: Environmental Health Standing Committee (enHealth), Asbestos: A guide for householders and the general public, Australian Health Protection Principal Committee, Canberra, 2013 (available at: www.health.gov.au/internet/publications/publishing.nsf/Content/asbestos-toc~asbestos-about).

In Australia, in the past asbestos was mined and widely used in the manufacture of a variety of materials. Asbestos was gradually phased out of building materials in the 1980s and the supply and installation of asbestos containing goods has been prohibited in Australia since 31 December 2003.

Asbestos legacy materials still exist in many homes, buildings and other assets. It is estimated that 1 in 3 Australian homes contains building materials with asbestos. Where the material containing asbestos is in a non-friable form (or bonded), undisturbed, and painted or otherwise sealed, it may remain safely in place. However, where the asbestos containing material is broken, damaged or mishandled, fibres can become loose and airborne posing a risk to health. Disturbing or removing asbestos unsafely can create a health hazard.

It is often difficult to identify the presence of asbestos by sight. If you are in doubt, it is best to assume that you are dealing with asbestos and take every precaution. The most accurate way to find out whether a material contains asbestos is to obtain an asbestos inspection by a person competent in the identification and assessment of asbestos such as an occupational hygienist. It can be unsafe for an unqualified person to take a sample of asbestos. Licensed asbestos removalists can be found by using the telephone directory. Council encourages residents to ask the contractor for a copy of their licence prior to engaging them. Residents can then check with SafeWork NSW (phone 13 10 50) to confirm the contractor has the appropriate class of licence for the asbestos removal job.

2. Where is asbestos found?

Asbestos can be found where it occurs naturally and in a variety of materials (from prior to 2004) in residential, commercial and industrial premises and on public and private land.

2.1 Naturally occurring asbestos

Naturally occurring asbestos refers to the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil.

Asbestos is found as a naturally occurring mineral in many areas of NSW. Asbestos may occur in veins within rock formations. The map provided in Appendix L gives an indication of areas in NSW known to have naturally occurring asbestos.

Work processes that have the potential to inadvertently release naturally occurring asbestos into the air include:

·    agriculture

·    forestry

·    landscaping

·    mining

·    other excavation or construction activities

·    pipe works and telecommunications works

·    road construction and road works.

Further information can be found in this policy under section 5 and in the Naturally-occurring asbestos fact sheet (catalogue no. WC03728) published by SafeWork NSW, which provides a photograph of naturally occurring asbestos. The SafeWork NSW website provides further information on naturally occurring asbestos and supporting documents on what people can do to avoid contact with naturally occurring asbestos.

2.2 Residential premises

As a general rule, a house built:

·    Before the mid 1980s – is highly likely to contain asbestos containing products.

·    Between the mid 1980s and 1990 – is likely to contain asbestos containing products.

·    After 1990 – is unlikely to contain asbestos containing products. However, some houses built in the 1990s and early 2000s may have still used asbestos cement materials until the total ban on any activity involving asbestos products became effective from December 2003.

Pipelines installed prior to 1992, particularly black surface coated and grey surface pipes, may contain asbestos.

It is important to note, the most accurate way to find out whether a material contains asbestos is by engaging a licensed asbestos removalist or occupational hygienist to inspect and arrange testing where necessary.

Fibre cement sheeting, commonly known as ‘fibro’, ‘asbestos sheeting’ or ‘AC sheeting’ (asbestos containing sheeting) is the most commonly found legacy asbestos material in residential premises. Other asbestos containing materials were used in ‘fibro’ houses but also found in brick and timber housing stock from that period. Asbestos materials were sold under a range of commercial names. Some asbestos containing materials found in New South Wales domestic settings are listed in Appendix J.

Common places where asbestos is likely to be found in and around homes include:

Outside

·    backyard garden sheds, carports, garages and dog kennels

·    electrical meter boards

·    lmitation brick cladding

lining under eaves

·    wall and roof materials (flat, patterned or corrugated asbestos sheeting).

Inside

·    insulation materials in heaters and stoves

·    interior walls and sheeting

·    sheet materials in wet areas (bathroom, toilet and laundry walls, ceilings and floors)

·    vinyl floor tiles, the backing to cushion vinyl flooring and underlay sheeting for ceramic tiles including kitchen splashback.

Asbestos can also be found in:

·    angle mouldings (internal and external)

·    board around windows and fireplaces

·    brake pads and clutch pads to vehicles

·    buried and dumped waste materials

·    carpet underlay

·    ceilings (ceiling tiles or sprayed coatings or loose in the ceiling cavity and may have moved to wall cavities, cornices and sub-floor areas)

·    cement flooring

·    external toilets

·    fencing

·    guttering, downpipes and vent pipes

·    inside appliances eg irons, whitegoods

·    gable ends

·    outbuildings

·    ridge capping

·    swimming pools – reinforcing marble swimming pools

·    ventilators – internal and external.

Other places asbestos can be found are listed in Appendix J.

2.3 Commercial and industrial premises

In commercial and industrial premises, asbestos may be found in the abovementioned places and also:

·    asbestos rope or fabric in expansion joints (for example exhaust flues) and insulation

·    bitumous waterproof membrane on flat roofs

·    brake disc pads and brake linings

·    cloth, tapes, ropes and gaskets for packing

·    electrical switchboards and duct heater units

·    fillers and filters

·    fire doors

·    lagging on pipes such as heater flues

·    lift motor rooms

·    pipes, casing for water and electrical/ telecommunication services

·    rubber, plastics, thermosetting resins, adhesives, paints, coatings, caulking compounds and sealants for thermal, electrical and insulation applications

·    structural beams of buildings

·    yarns and textiles eg fire blankets.

Other places asbestos can be found are listed in Appendix J.

2.4 Sites contaminated with asbestos

Contamination of soils from asbestos or asbestos containing materials can present a risk in urban and rural environments if the asbestos can give rise to elevated levels of airborne fibres that people can breathe. Whilst buried material may not give rise to airborne asbestos fibres if securely contained, inappropriate disturbance of this waste could give rise to harmful levels of asbestos fibres in air. Activities such as those listed in section 3 of this Appendix have the potential to encounter and disturb asbestos waste or contamination, particularly where the contamination is not known to be present at the site or has not been appropriately considered.

2.4.1 Situations where asbestos contamination may occur

Situations where asbestos contamination may occur include:

·    industrial land, eg, asbestos-cement manufacturing facilities, former power stations, and rail and ship yards, especially workshops and depots

·    waste disposal or dumping sites, including sites of illegal dumping eg, building waste

·    sites with infill or burial of asbestos waste from former asbestos mining or manufacture processes

·    buildings or structures damaged by fire or storm (particularly likely for those with pre-1980s building materials but also possible for those with materials from prior to 2004)

·    land with fill or foundation material of unknown composition

·    sites where buildings or structures have been constructed from asbestos containing material or where asbestos may have been used as insulation material, eg, asbestos roofing, sheds, garages, reservoir roofs, water tanks, boilers and demolition waste has been buried onsite

·    sites where buildings or structures have been improperly demolished or renovated, or where relevant documentation is lacking (particularly likely for those with pre-1980s building materials but also those with materials from prior to 2004)

·    disused services with asbestos containing piping such as water pipes (including sewage systems, water services and irrigation systems), underground electrical and telephone wires and telecommunications trenches or pits (usually within 1 metre of the surface).

2.4.2 Significantly contaminated land

For sites that are significantly contaminated, the EPA and SafeWork NSW are the lead regulatory authorities. The Contaminated Land Management Act 1997 applies to significantly contaminated land. In general, significant contamination is usually associated with former asbestos processing facilities or where large quantities of buried friable asbestos waste has been uncovered and is giving rise to measureable levels of asbestos fibres in air. Such sites require regulatory intervention to protect community health where the source of the contamination is not being addressed by the responsible person. The Environment Protection Authority has details of sites that have been nominated as significantly contaminated on its Public Register at: www.epa.nsw.gov.au/clm/publiclist.htm

If land is contaminated but not determined to be ‘significant enough to warrant regulation’ then the Contaminated Land Management Act 1997 does not apply. In such cases the provisions within the planning legislation and/or the Protection of the Environment Operations Act 1997 may be the appropriate mechanism for management of such contamination.

Guidance on assessing land can be found in the document: Guidelines on the duty to report contamination under the Contaminated Land Management Act 1997.

3. Potentially hazardous activities

A number of activities could cause asbestos to be inadvertently disturbed and consequently create a health risk.

Before undertaking any of the activities listed below, it should be considered whether asbestos containing materials may be present. If asbestos is present, these activities may be illegal or certain precautions may be required, or an appropriately licensed person may be required to undertake the activity.

Members of the public could inadvertently disturb asbestos through activities including:

·    renovations, refurbishments or repairs particularly those involving power tools, boring, breaking, cutting, drilling, grinding, sanding or smashing asbestos containing materials

·    sealing, painting, brushing and cleaning asbestos cement products

·    demolitions of homes or other structures (dismantling or destruction)

·    relocating a house, building or structure

·    using compressed air on asbestos containing materials

·    water blasting asbestos containing materials

·    cleaning gutters on asbestos cement roofs

·    handling asbestos cement conduits or boxes

·    maintenance work such as plumbing and electrical work on or adjacent to asbestos containing materials such as working on electrical mounting boards

·    maintenance or servicing of materials from vehicles, plant or equipment

·    checking, removing or replacing ceiling insulation which contains asbestos.

Council could inadvertently disturb asbestos through activities such as:

·    abovementioned activities

·    asset and building maintenance

·    certifying

·    inspections of sites and premises

·    transport and disposal of illegally dumped materials

·    collection, transport and disposal of incorrectly disposed of materials.

Naturally occurring asbestos and contaminated sites could be inadvertently disturbed during:

·    road building

·    site and construction work

·    other excavation activities

·    vehicle movements.

Natural processes can create a risk of exposure to asbestos including:

·    extensive fire or storm damage to asbestos cement roofs or building materials

·    extensive weathering and etching of unsealed asbestos cement roofs.

In addition, work that intentionally disturbs asbestos, such as sampling or removal, should be conducted by a competent person and in accordance with the relevant codes of practice and legislation.

4. Health hazards

Asbestos fibres can pose a risk to health if airborne, as inhalation is the main way that asbestos enters the body. The World Health Organisation has stated that concentrations of asbestos in drinking water from asbestos cement pipes do not present a hazard to human health.

Breathing in asbestos fibres can cause asbestosis, lung cancer and mesothelioma. The risk of contracting these diseases increases with the number of fibres inhaled and the risk of lung cancer from inhaling asbestos fibres is greatly increased if you smoke. Small fibres are the most dangerous and they are invisible to the naked eye. People who are at most risk are those who have been exposed to high levels of asbestos for a long time. The symptoms of these diseases do not usually appear for some time (about 20 to 30 years) after the first exposure to asbestos.

Asbestosis is the irreversible scarring of lung tissue that can result from the inhalation of substantial amounts of asbestos over a period of years. It results in breathlessness that may lead to disability and, in some case, death.

Lung cancer can be caused by asbestos. Lung cancer is related to the amount of fibre that is breathed in and the risk of lung cancer is greatly increased in those who also smoke tobacco.

Mesothelioma is a cancer of the pleura (outer lung lining) or the peritoneum (the lining of the abdominal cavity). Mesothelioma rarely occurs less than 15 years from first exposure, and most cases occur over 30 years after first exposure. Accordingly, the rates of malignant mesothelioma (an incurable cancer) are expected to rise from the year 2012 to 2020 and are expected to peak in this time.

If asbestos fibres are in a stable material, for example bonded in asbestos-cement sheeting (such as fibro), and these materials are in good condition they pose little health risk. However, where fibro or other non-friable asbestos sheeting is broken, damaged or mishandled, fibres can become loose and airborne posing a risk to health. Disturbing or removing asbestos containing materials unsafely can create a hazard.

The occupational standard for asbestos is 0.1fibre/ml of air and the environmental standard is 0.01fibre/ml in air.

When someone has potentially been exposed to asbestos, or receives or expects they may receive a diagnosis of an asbestos-related disease, they may experience psychological distress, including anxiety and may be in need of support. Their family and those around them may also be vulnerable to psychological distress.


 

Appendix B – Further information

 

Aboriginal communities

Illegal dumping prevention and clean-up. Handbook for Aboriginal communities, 2008 (EPA) www.epa.nsw.gov.au/illegaldumping/resources.htm

 Asbestos contractors

Choosing an asbestos consultant fact sheet (catalogue no. WC04547) (SafeWork NSW) www.safework.nsw.gov.au/formspublications/publications/Pages/Choosinganasbestosconsultant.aspx

 For a listing of asbestos removal contractors in your area, refer to your local telephone directory or the Yellow Pages www.yellowpages.com.au  or by contacting the Asbestos Removal Contractors Association NSW (ARCA) www.arcansw.asn.au  or by emailing: email@arcansw.asn.au. An asbestos removal contractor’s licence can be verified by contacting the SafeWork NSW’s Certification Unit on 13 10 50.

Asbestos waste

Advice about safely disposing of household asbestos waste can be found at: www.epa.nsw.gov.au/managewaste/house-asbestos.htm

 Asbestos waste disposal facility search function on the Asbestos Safety and Eradication Agency website: www.asbestossafety.gov.au/search-disposal-facilities

Crackdown on Illegal Dumping: A Handbook for Local Government, 2007 (EPA) www.epa.nsw.gov.au/illegaldumping/resources.htm

Illegally Dumped Asbestos Clean Up Program (IDACUP): Council may become involved in clean up activities of illegally dumped asbestos waste. Where the responsible party is unknown, unavailable, unwilling (despite a legal obligation to do so) or unable to pay for clean up within the timeframe required to avoid or at least minimise harm to the environment or public health, Council may apply for funding under the IDACUP. Information about the IDACUP is available at www.environment.nsw.gov.au/grants/IDACUP.htm

 Regional Illegal Dumping (RID) Squads: are regionally based teams that specialise in dealing with illegal dumping. The squads are funded by the EPA and the member local councils who opt to work together and pool resources to tackle illegal dumping.

RIDonline is a statewide illegal dumping database and reporting tool to assist councils and the EPA develop a comprehensive picture of the extent of illegal dumping in NSW. Members of the community can assist by reporting illegal dumping online through the RIDOnline App, available for the public to download in February 2016.

For more information on illegal dumping and safely disposing of asbestos waste visit the EPA website: www.epa.nsw.gov.au

 

 

Management of asbestos in recycled construction and demolition waste, 2010 (SafeWork NSW) www.safework.nsw.gov.au/__data/assets/pdf_file/0017/18323/asbestos_recycled_construction_demolition_waste_2772.pdf

Contaminated land

Guidelines on the duty to report contamination under the Contaminated Land Management Act 1997, 2015 (EPA). www.epa.nsw.gov.au/resources/clm/150164-report-land-contamination-guidelines.pdf

 Managing land contamination: Planning guidelines SEPP 55 – Remediation of land, 1998 (Department of Planning and Environment and EPA) www.epa.nsw.gov.au/resources/clm/gu_contam.pdf

Emergency management

Guidance Material: Asbestos and Fire-damaged Buildings, 2015 (EPA) www.epa.nsw.gov.au/resources/waste/asbestos/150044-asbestos-fire-damaged-buildings.pdf

 NSW Asbestos Emergency Plan: The NSW Asbestos Emergency sub plan details the specific arrangements for the coordinated funding and management of asbestos debris during and following a larger scale emergency, being an event that requires a significant and coordinated response, where the presence of asbestos containing material in the community poses a significant risk to public health and safety. www.emergency.nsw.gov.au/publications/plans/sub-plans/asbestos.html

Environmental risk assessment

Environmental health risk assessment: Guidelines for assessing human health risks from environmental hazards, 2002 (Commonwealth of Australia)

Available via email by contacting the enHealth Secretariat: enHealth.Secretariat@health.gov.au

Health

Asbestos and health risks fact sheet, 2007 (NSW Health) www.health.nsw.gov.au/environment/factsheets/Pages/asbestos-and-health-risks.aspx

 Further advice concerning the health risks of asbestos can be obtained from your local public health unit.

Renovation and development

Asbestos: A guide for householders and the general public, Environmental Health Standing Committee (enHealth), Australian Health Protection Principal Committee, Canberra, 2013 (available at: www.health.gov.au/internet/publications/publishing.nsf/Content/asbestos-toc~asbestos-about).

Asbestos Awareness website (Asbestos Education Committee) www.asbestosawareness.com.au

 

Choosing and working with a principal certifying authority: A guide for anyone planning to build or subdivide, 2011 (Building Professionals Board) www.bpb.nsw.gov.au/sites/default/files/public/Finalbuildingappbroch.pdf

Practical guidance

Code of practice on how to manage and control asbestos in the workplace (catalogue no. WC03560) published by SafeWork NSW www.safework.nsw.gov.au/__data/assets/pdf_file/0015/15216/how-to-manage-control-asbestos-workplace-code-of-practice-3560.pdf

 Code of practice on how to safely remove asbestos (catalogue no. WC03561) published by SafeWork NSW www.safework.nsw.gov.au/__data/assets/pdf_file/0016/15217/how-to-safely-remove-asbestos-code-of-practice-3561.pdf

 Tenants

Tenants rights Fact sheet 26 Asbestos and lead, 2010 (Tenants NSW) www.tenants.org.au/publish/factsheet-26-asbestos-lead/index.php

 

Tenants – Housing NSW tenants

Asbestos fact sheet, 2010 (Housing NSW) www.housing.nsw.gov.au/NR/rdonlyres/F4E1131F-2764-4CB1-BC07-98EB6C594085/0/Asbestos.pdf


 

Appendix C – Definitions

The terms used in the policy are defined as below, consistent with the definitions in the:

·    Code of practice on how to manage and control asbestos in the workplace (catalogue no. WC03560) published by SafeWork NSW

·    Code of practice on how to safely remove asbestos (catalogue no. WC03561) published by SafeWork NSW

·    Contaminated Land Management Act 1997

·    Environmental Planning and Assessment Act 1979

·    Emergency Pollution and Orphan Waste Clean-Up Program Guidelines 2008

·    Protection of the Environment Operations Act 1997

·    Waste classification guidelines part 1 classifying waste 2008

·    NSW Work Health and Safety Act 2011

·    NSW Work Health and Safety Regulation 2017.

 

accredited certifier in relation to matters of a particular kind, means the holder of a certificate of accreditation as an accredited certifier under the Building Professionals Act 2005 in relation to those matters.

airborne asbestos means any fibres of asbestos small enough to be made airborne. For the purposes of monitoring airborne asbestos fibres, only respirable fibres are counted.

asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock forming minerals including the following:

a)    actinolite asbestos

b)    grunerite (or amosite) asbestos (brown)

c)    anthophyllite asbestos

d)    chrysotile asbestos (white)

e)    crocidolite asbestos (blue)

f)     tremolite asbestos

g)    a mixture that contains 1 or more of the minerals referred to in paragraphs (a) to (f).

 

asbestos containing material (ACM) means any material or thing that, as part of its design, contains asbestos.

asbestos-contaminated dust or debris (ACD) means dust or debris that has settled within a workplace and is, or is assumed to be, contaminated with asbestos.

asbestos-related work means work involving asbestos that is permitted under the Work Health and Safety Regulation 2017, other than asbestos removal work.

asbestos removal licence means a Class A asbestos removal licence or a Class B asbestos removal licence.

asbestos removal work means:

a)    work involving the removal of asbestos or asbestos containing material, or

b)    Class A asbestos removal work or Class B asbestos removal work.

 

asbestos removalist means a person conducting a business or undertaking who carries out asbestos removal work.

asbestos waste means any waste that contains asbestos. This includes asbestos or asbestos containing material removed and disposable items used during asbestos removal work including plastic sheeting and disposable tools.

certifying authority means a person who is authorised by or under section 85A of the Environmental Planning and Assessment Act 1979 to issue complying development certificates, or is authorised by or under section 109D of the Environmental Planning and Assessment Act 1979 to issue part 4A certificates.

Class A asbestos removal licence means a licence that authorises the carrying out of Class A asbestos removal work and Class B asbestos removal work by or on behalf of the licence holder.

Class A asbestos removal work means the removal of friable asbestos which must be licensed under clause 485 of the Work Health and Safety Regulation 2017. This does not include: the removal of ACD that is associated with the removal of non-friable asbestos, or ACD that is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.

Class B asbestos removal licence means a licence that authorises the carrying out of Class B asbestos removal work by or on behalf of the licence holder.

Class B asbestos removal work means the removal of more than 10 square metres of non-friable asbestos or asbestos containing material work that is required to be licensed under clause 487, but does not include Class A asbestos removal work.

competent person means: a person who has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice and holds:

a)    a certification in relation to the specified VET course for asbestos assessor work, or

b)    a tertiary qualification in occupational health and safety, occupational hygiene, science, building, construction or environmental health.

complying development is a fast track, 10 day approval process where a building meets all of the predetermined standards established in either a state or local council planning document. A complying development certificate can be issued by either a local council or an accredited certifier.

complying development certificate

contaminant means any substance that may be harmful to health or safety.

contamination of land means the presence in, on or under the land of a substance at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment

control measure, in relation to a risk to health and safety, means a measure to eliminate or minimise the risk.

demolition work means work to demolish or dismantle a structure, or part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, but does not include:

a)    the dismantling of formwork, falsework, or other structures designed or used to provide support, access or containment during construction work, or

b)    the removal of power, light or telecommunication poles.

 

development means:

a)    the use of land

b)    the subdivision of land

c)    the erection of a building

d)    the carrying out of a work

e)    the demolition of a building or work

f)     any other act, matter or thing referred to in section 26 of the Environmental Planning and Assessment Act 1979 that is controlled by an environmental planning instrument.

development application means an application for consent under part 4 of the Environmental Planning and Assessment Act 1979 to carry out development but does not include an application for a complying development certificate.

emergency service organisation includes any of the following:

a)    the Ambulance Service of NSW

b)    Fire and Rescue NSW

c)    the NSW Rural Fire Service

d)    the NSW Police Force

e)    the State Emergency Service

f)     the NSW Volunteer Rescue Association Inc

g)    the NSW Mines Rescue Brigade established under the Coal Industry Act 2001

h)    an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.

exempt development means minor development that does not require any planning or construction approval because it is exempt from planning approval.

exposure standard for asbestos is a respirable fibre level of 0.1 fibres/ml of air measured in a person’s breathing zone and expressed as a time weighted average fibre concentration calculated over an eight-hour working day and measured over a minimum period of four hours in accordance with the Membrane Filter Method or a method determined by the relevant regulator.

friable asbestos means material that:

a)    is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry

b)    contains asbestos.

 

health means physical and psychological health.

health monitoring, of a person, means monitoring the person to identify changes in the person’s health status because of exposure to certain substances.

independent, in relation to clearance inspections and air monitoring means:

a)    not involved in the removal of the asbestos

b)    not involved in a business or undertaking involved in the removal of the asbestos, in relation to which the inspection or monitoring is conducted.

in situ asbestos means asbestos or asbestos containing material fixed or installed in a structure, equipment or plant, but does not include naturally occurring asbestos.

licence holder means: in the case of an asbestos assessor licence – the person who is licensed:

a)    to carry out air monitoring during Class A asbestos removal work

b)    to carry out clearance inspections of Class A asbestos removal work

c)    to issue clearance certificates in relation to Class A asbestos removal work, or

·    in the case of an asbestos removal licence – the person conducting the business or undertaking to whom the licence is granted, or

·    in the case of a major hazard facility licence – the operator of the major hazard facility to whom the licence is granted or transferred.

licensed asbestos assessor means a person who holds an asbestos assessor licence.

licensed asbestos removalist means a person conducting a business or undertaking who is licensed under the Work Health and Safety Regulation 2017 to carry out Class A asbestos removal work or Class B asbestos removal work.

licensed asbestos removal work means asbestos removal work for which a Class A asbestos removal licence or Class B asbestos removal licence is required.

NATA means the National Association of Testing Authorities, Australia.

NATA-accredited laboratory means a testing laboratory accredited by NATA, or recognised by NATA either solely or with someone else.

naturally occurring asbestos means the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil.

non-friable asbestos means material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound.

Note. Non-friable asbestos may become friable asbestos through deterioration (see definition of friable asbestos).

occupational hygienist means a person with relevant qualifications and experience in asbestos management who is a full member of the Australian Institute of Occupational Hygienists (AIOH).

occupier includes a tenant or other lawful occupant of premises, not being the owner.

officer means an officer as defined in the NSW Work Health and Safety Act 2011.

orphan waste means materials that have been placed or disposed of on a premises unlawfully that may have the potential to pose a risk to the environment or public health.

person conducting a business or undertaking a ‘person’ is defined in laws dealing with interpretation of legislation to include a body corporate (company), unincorporated body or association and a partnership.

personal protective equipment means anything used or worn by a person to minimise risk to the person’s health and safety, including air supplied respiratory equipment.

respirable asbestos fibre means an asbestos fibre that:

a)    is less than three micrometres wide

b)    more than five micrometres long

c)    has a length to width ratio of more than 3:1.

specified VET course means:

a)    in relation to Class A asbestos removal work – the following VET courses:

·    remove non-friable asbestos

·    remove friable asbestos, or

b)    in relation to Class B asbestos removal work – the VET course Remove non-friable asbestos, or

c)    in relation to the supervision of asbestos removal work – the VET course Supervise asbestos removal, or

d)    in relation to asbestos assessor work – the VET course Conduct asbestos assessment associated with removal.

structure means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes:

a)    buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels)

b)    any component of a structure

c)    part of a structure

d)    volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).

waste includes:

·    any substance (whether solid, liquid or gaseous) that is discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment, or

·    any discarded, rejected, unwanted, surplus or abandoned substance, or

·    any otherwise discarded, rejected, unwanted, surplus or abandoned substance intended for sale or for recycling, processing, recovery or purification by a separate operation from that which produced the substance, or

·    any process, recycled, re-used or recovered substance produced wholly or partly from waste that is applied to land, or used as fuel, but only in the circumstances prescribed by the regulations, or

·    any substance prescribed by the regulations made under the Protection of the Environment Operations Act 1997 to be waste.

waste facility means any premises used for the storage, treatment, processing, sorting or disposal of waste (except as provided by the regulations).

worker a person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as:

a)    an employee, or

b)    a contractor or subcontractor, or

c)    an employee of a contractor or subcontractor, or

d)    an employee of a labour hire company who has been assigned to work in the person’s business or undertaking, or

e)    an outworker, or

f)     an apprentice or trainee, or

g)    a student gaining work experience, or

h)    a volunteer, or

i)     a person of a prescribed class.

workplace a workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work. Place includes: a vehicle, vessel, aircraft or other mobile structure, and any waters and any installation on land, on the bed of any waters or floating on any waters.


 

Appendix D – Acronyms

 

ACD    Asbestos Containing Dust (an acronym used in the legislation)

ACM   Asbestos Containing Material (an acronym used in the legislation)

ARA    Appropriate Regulatory Authority (an acronym used in the legislation)

DA       Development Application

EPA     Environment Protection Authority

JRPP   Joint Regional Planning Panel

LGA    Local Government Area

NATA              National Association of Testing Authorities

NSW   New South Wales

SEPP   State Environmental Planning Policy

VET     Vocational Education and Training


 

Appendix E – Relevant contacts

Byron Shire Council (non-exhaustive)

Advice on Development Consent

Phone: (02) 6626 7050

 

Environmental Health Officer

Phone: (02) 6626 7063

 

Community Enforcement Officers

Phone: (02) 6626 7101

 

Compliance Officers

Phone: (02) 6626 7164

 

Council Works Depot

Phone: (02) 6626 9300

 

Domestic Waste Bins

Phone: (02) 6687 0455

 

Byron Resource Recovery Centre - Myocum

Phone: (02) 6684 1870

Asbestos-related disease organisations (non-exhaustive)

Asbestos Diseases Foundation Australia Inc

Phone: (02) 9637 8759 Helpline: 1800 006 196

Email: info@adfa.org.au

Website: www.adfa.org.au

 

Asbestos Diseases Research Institute

Phone: (02) 9767 9800

Email: info@adri.org.au

Website: www.adri.org.au

 

Australian Institute of Occupational Hygienists Inc.

Phone: (03) 9338 1635

Email: admin@aioh.org.au

Website: www.aioh.org.au

Dust Diseases Authority

Phone: (02) 8223 6600 Toll Free: 1800 550 027

Email: DDAenquiries@icare.nsw.gov.au

Website: www.icare.nsw.gov.au

Environment Protection Authority (EPA)

Phone: (02) 9995 5000 Environment line: 13 15 55

Email: info@epa.nsw.gov.au

Website: www.epa.nsw.gov.au/epa

Licensed Asbestos Contractors

For a listing of asbestos removal contractors in your area, refer to your local telephone directory or the Yellow Pages website: www.yellowpages.com.au

 

or contact:

 

Asbestos Removal Contractors Association NSW

PO Box Q1882 Queen Victoria Building NSW 1230

Email: email@arcansw.asn.au

Website: www.arcansw.asn.au

 

Verification of an asbestos removal contractor’s licence can be checked by contacting SafeWork NSW’s Certification Unit Phone: 13 10 50

 

Civil Contractors Federation (CCF)

Phone: (02) 9009 4000

Email: ccfnsw@ccfnsw.com

Website: www.ccfnsw.com/

Local Government NSW

Phone: (02) 9242 4000

Email: lgnsw@lgnsw.org.au

Website: www.lgnsw.org.au

NSW Ombudsman

Phone: (02) 9286 1000 Toll free (outside Sydney metro): 1800 451 524

Email: nswombo@ombo.nsw.gov.au

Website: www.ombo.nsw.gov.au

 

Training providers (non-exhaustive)

TAFE NSW

Phone: 131 601

Website: www.tafensw.edu.au

 

Housing Industry Association (HIA)

Phone: (02) 9978 3333

Website: www.hia.com.au/

 

Local Government Training Institute

Phone: (02) 4922 2333

Website: www.lgti.com.au

 

Comet Training

Phone: (02) 9649 5000

Website: www.comet-training.com.au/site

 

Master Builders Association (MBA)

Phone: (02) 8586 3521

Website: www.masterbuilders.com.au

 

SafeWork NSW

SafeWork NSW Information Centre Phone: 13 10 50

SafeWork NSW – Asbestos/Demolition Hotline Phone: (02) 8260 5885

Website: www.safework.nsw.gov.au

 

Appendix F – Waste management facilities that accept asbestos wastes

Waste management facilities that can accept asbestos waste may be operated by council, the State Government or private enterprise. The fees charged by the facility operators for waste received are determined by the facility.

Not all waste management centres accept asbestos waste from the public. Management of asbestos waste requires special precautions such as a separate disposal location away from other general waste and controls to prevent the liberation of asbestos fibres, such as the immediate covering of such waste.

There are not any waste management facilities in the Byron Shire that accept asbestos wastes. Stott’s Creek & Lismore Resource Recovery Centres are the closest waste management facilities that accept asbestos waste.

·    Stott’s Creek Resource Recovery Centre

Off Tweed Valley Way.

Opening hours are Monday to Friday 7am – 3.45pm, weekends and public holidays 9am – 3.45pm.

This facility will not accept asbestos on the weekends or after 2.30pm on week days.

Phone: (02) 6670 7400

·    Lismore Recycling & Recovery Centre

Located at 313 Wyrallah Road, East Lismore.

Opening hours are Monday to Friday 7am to 4pm, Saturday and Sunday 9am to 4pm.

Phone: 1300 87 83 87

Waste management facilities in other areas that accept asbestos wastes

A list of licensed landfills that may accept asbestos waste from the public is available on the EPA website at: www.epa.nsw.gov.au/managewaste/house-asbestos-land.htm

 Some of the landfills may accept non-friable asbestos waste but not friable asbestos waste. Some landfills may not accept large quantities of asbestos waste.

Always contact the landfill before taking asbestos waste to a landfill to find out whether asbestos is accepted and any requirements for delivering asbestos to the landfill. EPA does not endorse any of the landfills listed on the website or guarantee that they will accept asbestos under all circumstances.


 

Appendix G – Asbestos-related legislation, policies and standards

·    Contaminated Land Management Act 1997

·    Code of practice on how to manage and control asbestos in the workplace (catalogue no. WC03560) published by SafeWork NSW

·    Code of practice on how to safely remove asbestos (catalogue no. WC03561) published by SafeWork NSW

·    Demolition work code of practice 2015

·    Environmental Planning and Assessment Act 1979

·    Environmental Planning and Assessment Regulation 2000

·    Local Government Act 1993

·    Local Government (General) Regulation 2005

·    Protection of the Environment Operations (General) Regulation 2009

·    Protection of the Environment Operations (Waste) Regulation 2014

·    Protection of the Environment Operations Act 1997

·    State Environmental Planning Policy No. 55 – Remediation of Land

·    State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

·    NSW Work Health and Safety Act 2011

·    NSW Work Health and Safety Regulation 2017

·    Workers’ Compensation (Dust Diseases) Act 1942.

 


 

Appendix H – Agencies roles and responsibilities

NSW organisations

Department of Planning and Environment (DPE)

DPE’s primary role in the management of asbestos relates to administration of State Environmental Planning Policies, and the Environmental Planning and Assessment Act 1979 (and associated Regulation).

Whilst DPE does not have an operational role in the management of asbestos, it has a regulatory function and provides policy support relating to asbestos and development. In assessing proposals for development under the Environmental Planning and Assessment Act 1979, consent authorities are required to consider the suitability of the subject land for the proposed development. This includes consideration of the presence of asbestos and its environmental impact.

Where asbestos represents contamination of the land (ie it is present in excess of naturally occurring levels), State Environmental Planning Policy No. 55 – Remediation of Land imposes obligations on developers and consent authorities in relation to remediation of the land and the assessment and monitoring of its effectiveness.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 enables exempt and complying development across the state. While this includes demolition and the removal of asbestos, the Environmental Planning and Assessment Regulation 2000 specifies particular conditions that must be contained in a complying development certificate in relation to the handling and lawful disposal of both friable and non-friable asbestos material under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Dust Diseases Authority (DDA)

The Dust Diseases Authority provides a system of no fault compensation to people who have developed a dust disease from occupational exposure to dust as a worker in New South Wales and to their dependants. The DDA’s statutory function is to administer the Workers’ Compensation (Dust Diseases) Act 1942. Services include:

·    payment of compensation benefits to eligible workers and dependants

·    co-ordination and payment of medical and related health care expenses of affected

·    medical examination of workers exposed to dust in the workplace

·    information and education.

 

Environment Protection Authority (EPA)

EPA’s role is to regulate the classification, storage, transport and disposal of waste in NSW, including asbestos waste. The waste regulatory framework includes the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2014. Clauses 77 through to 81 of the Protection of the Environment Operations (Waste) Regulation 2014 set out the special requirements relating to the transportation and disposal of asbestos waste.

EPA is the appropriate regulatory authority for activities that require an environment protection licence or are carried out by public authorities such as local councils, the Roads and Maritime Services and Sydney Water. Local councils are the appropriate regulatory authority for activities that are not regulated by the EPA, which typically include building demolition, construction sites, residential properties, commercial sites and small to medium sized industrial facilities.

EPA is responsible for assisting councils in fulfilling their regulatory responsibilities. EPA has developed resources to assist Local Government to regulate asbestos waste incidents and prevent illegal dumping. Website links to these resources are provided in Appendix B.

The EPA maintains the regulatory framework for the remediation of contaminated land (the Contaminated Land Management Act 1997) and actively regulates land that is declared to be ‘significantly contaminated’ under the Contaminated Land Management Act 1997.

Heads of Asbestos Coordination Authorities (HACA)

The HACA is chaired by SafeWork NSW with senior officials from:

·    Department of Industry

·    Department of Planning and Environment

·    Dust Diseases Authority

·    Environment Protection Authority

·    Local Government NSW

·    Ministry of Health

·    Office of Emergency Management

·    Office of Local Government.

The HACA group will improve the management, monitoring and response to asbestos issues in NSW by developing coordinated prevention programs. These programs include a comprehensive public awareness campaign to promote the safe handling of asbestos and help prevent the risk of exposure to asbestos-related diseases in the NSW community. Further information about the HACA can be found on the SafeWork NSW website: www.safework.nsw.gov.au

Local Government NSW (LGNSW)

Local Government NSW (LGNSW) is the peak body for councils in NSW. LGNSW represents all NSW general-purpose councils, the special-purpose county councils and the NSW Aboriginal Land Council.

LGNSW is a credible, professional organisation facilitating the development of an effective community-based system of Local Government in NSW. LGNSW represents the views of councils to NSW and Australian Governments; provides industrial relations and specialist services to councils; and promotes NSW councils to the community.

In 2012, LGNSW commenced a project funded by SafeWork NSW to assist councils to adopt and implement a model asbestos policy. The project is outlined at: www.lgnsw.org.au

NSW Department of Industry

The NSW Department of Industry, Skills and Regional Development (known as the NSW Department of Industry) leads the state government's contribution to making NSW:

·    a fertile place to invest and to produce goods and services, and thereby

·    create jobs and opportunities for our citizens

 

The NSW Department of Industry also has responsibilities for:

·    skill formation and development to match industry demand

·    partnering with stakeholders in stewardship and sustainable use of the state's natural resources; and

·    supporting economic growth in the regions.

Within the Division of Resources & Energy in the Department, the Geological Survey of NSW teams of field geologists, geophysicists, mineral geoscientists and palaeontologists and geospatial specialists produce a range of maps. Geological mapping records the distribution of rock types and location of structures at or near the Earth's surface. The maps have applications to land use assessment, engineering construction, environmental management and natural hazard risk assessment.

The Geological Survey of NSW prepared the state-wide mapping of naturally occurring asbestos (NOA) in NSW for the Heads of Asbestos Coordination Authorities.

NSW Ministry of Health

The NSW Ministry of Health does not have express statutory responsibilities for managing asbestos-related risks and incidents in NSW. The Ministry provides an expert advisory service to other governmental agencies on public health issues. This service may include technical information or assistance to prepare public health information bulletins.

NSW Ombudsman

The NSW Ombudsman is an independent and impartial watchdog body. The NSW Ombudsman is responsible for ensuring that public and private sector agencies and employees within its jurisdiction fulfil their functions appropriately. The NSW Ombudsman assists those agencies and their employees to be aware of their responsibilities to the public, to act reasonably and to comply with the law and best administrative practice.

Office of Fair Trading and the Building Professionals Board (BPB)

NSW Fair Trading safeguards the rights of all consumers and advises business and traders on fair and ethical practice. NSW Fair Trading provides services directly to individuals and businesses to create a fair, safe and equitable marketplace.

NSW Fair Trading is establishing a Loose-Fill Asbestos Implementation Taskforce responsible for overseeing and implementing the NSW Government Voluntary Purchase and Demolition Program for properties containing loose-fill asbestos insulation. The Loose-Fill Asbestos Implementation Taskforce will be in place until work is completed on the purchase and demolition of all properties that choose to participate in the Program.

The Building Professionals Board (BPB) is now part of Fair Trading and oversees building and subdivision certification. The BPB’s role involves providing practice advice and educational programs to assist certifying authorities (private and council) in carrying out their role. The BPB certifies and audits both private and council certifiers. Further information about the BPB may be found at: www.bpb.nsw.gov.au

 

 

Office of Local Government

The Office of Local Government is responsible for local government across NSW. The Office’s organisational purpose is to ‘Strengthen Local Government’ and its organisational outcome is ‘Fit for the future councils leading strong communities’.

The Office has a policy, legislative, investigative and program focus in matters ranging from Local Government finance, infrastructure, governance, performance, collaboration and community engagement. The Office strives to work collaboratively with the Local Government sector and is the key adviser to the NSW Government on Local Government matters.

SafeWork NSW

SafeWork NSW is responsible for the issuing and control of licences that are issued to all asbestos removal and demolition contractors. SafeWork NSW works with the employers, workers and community of NSW to achieve safer and more productive workplaces, and effective recovery, return to work and security for injured workers.

SafeWork NSW administers work health and safety, injury management, return to work and workers compensation laws, and manage the workers compensation system. SafeWork NSW’s activities include: health and safety, injuries and claims, licensing for some types of plant operators, registration of some types of plant and factories, training and assessment, medical and healthcare, law and policy.

The SafeWork NSW website provides a wide range of asbestos resources, support networks and links at: www.SafeWorkNSW.nsw.gov.au/newlegislation2012/health-and-safety-topics/asbestos/Pages/default.aspx

National organisations

Asbestos Safety and Eradication Agency

The Asbestos Safety and Eradication Agency was established in 2013 to provide a national focus on asbestos issues which go beyond workplace safety to encompass environmental and public health issues. The agency’s objective is to eliminate asbestos-related disease in Australia.

The agency has broad functions under its legislation, including:

·    reporting on the implementation of the National Strategic Plan on Asbestos Awareness and Management (NSP); reviewing and amending the NSP as required and promoting the NSP

·    providing advice to the Minister about asbestos safety

·    liaising with all levels of government, agencies or bodies about the implementation of the NSP; as well as asbestos safety in general; and

·    commissioning, monitoring and promoting research about asbestos safety.

The agency administers the National Asbestos Exposure Register which was created to record the details of members of the community who may have been exposed to asbestos. Registration forms are online at https://www.asbestossafety.gov.au/national-asbestos-exposure-register.

The agency also maintains a national database for asbestos disposal facilities, which members of the public can search to identify their nearest facility that accepts asbestos waste, available online at https://www.asbestossafety.gov.au/search-disposal-facilities.

 Councils interested in finding out more about the agency, updating information listed on the disposal database, or receiving information, flyers or brochures for distribution within the LGA should contact the agency at enquiries@asbestossafety.gov.au.

 

National Association of Testing Authorities (NATA)

This body has the role of providing accreditation to firms licensed to remove asbestos.

NSW (Head Office) and ACT

Phone: (02) 9736 8222

National Toll Free: 1800 621 666

Website: www.nata.asn.au

 

Environmental Health Committee (enHealth)

The Environmental Health Committee (enHealth) is a subcommittee of the Australian Health Protection Committee (AHPC). enHealth provides health policy advice, implementation of the National Environmental Health Strategy 2007-2012, consultation with key players, and the development and coordination of research, information and practical resources on environmental health matters at a national level.

Website: www.health.gov.au/internet/main/publishing.nsf/content/ohp-environ-enhealth-committee.htm

 

Safe Work Australia

Safe Work Australia is an Australian Government statutory agency established in 2009, with the primary responsibility of improving work health and safety and workers’ compensation arrangements across Australia.

Phone: (02) 6121 5317

Email: info@swa.gov.au

Website: www.safeworkaustralia.gov.au


 

Appendix I – Scenarios illustrating which agencies lead a response in NSW

The tables show which agencies are responsible for regulating the following scenarios in NSW:

·    emergency management

·    naturally occurring asbestos

·    residential settings

·    site contamination

·    waste

·    workplaces.

 

Emergency management

Scenario

Lead organisation

Other regulators

Emergency response

Emergency services

Fire and Rescue (Hazmat) SafeWork NSW

Handover to Local council, owner of property or NSW Police – crime scene following a minor incident

Local council NSW Police

 

Handover to State Emergency Recovery Controller

State Emergency Recovery Controller

Recovery Committee Local council EPA SafeWork NSW

Handover to Recovery Committee following a significant incident

Recovery Committee (formed by State Emergency Recovery Controller)

Local council EPA SafeWork NSW

Remediation not requiring a licensed removalist

Local council

Principal Certifying Authority SafeWork NSW (workers)

Remediation requiring licensed removal work

SafeWork NSW

Local council Principal Certifying Authority

Clearance Certificate issued by an Asbestos Assessor

SafeWork NSW

Principal Certifying Authority

 

Naturally occurring asbestos

Scenario

Lead organisation

Other regulators

Naturally occurring but will be disturbed due to a work process including remediation work

SafeWork NSW

Local council EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities)

Naturally occurring asbestos part of a mineral extraction process

NSW Department of Industry

Local council EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities)

Naturally occurring but will remain undisturbed by any work practice

Local council

EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities) SafeWork NSW (workers)

Soil contaminated with asbestos waste and going to be disturbed by a work practice

SafeWork NSW

EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities, declared contaminated land sites)

Soil contaminated with asbestos waste but will remain undisturbed by any work practice

Local council

EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities, declared contaminated land sites)

SafeWork NSW (workers on site)

Potential for exposure on public land

EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities

Local council

SafeWork NSW (workers on site)

Soil contaminated with asbestos waste but at a mine site

NSW Department of Industry EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities)

Local council

 

Residential settings

Scenario

Lead organisation

Other regulators

Safe Management of asbestos including:

• identification

• in situ management

• removal requirements

• disposal requirements.

 

Local council Private Certifiers

SafeWork NSW EPA

Site contaminated due to past uses

Local council

SafeWork NSW EPA

Licensed removal work required

SafeWork NSW

Local council Private Certifiers

Removal does not require a licensed removalist

Local council Private Certifiers

SafeWork NSW (workers)

Transport or waste disposal issues

Local council

EPA

Derelict property with fibro debris

Local council or Multi-agency

Multi-agency

 

Site contamination

Scenario

Lead organisation

Other regulators

Safe Management of asbestos including:

• identification

• in situ management

• removal requirements

• disposal requirements.

 

Local council Private Certifiers

SafeWork NSW EPA

Site contaminated due to past uses

Local council

SafeWork NSW EPA

Licensed removal work required

SafeWork NSW

Local council Private Certifiers

Removal does not require a licensed removalist

Local council Private Certifiers

SafeWork NSW (workers)

Transport or waste disposal issues

Local council

EPA

Derelict property with fibro debris

Local council or Multi-agency

Multi-agency

 

Waste

Scenario

Lead organisation

Other regulators

Waste temporarily stored on-site

SafeWork NSW (worksites) EPA and Local council (non-worksites)

 

Waste transported by vehicle

EPA

SafeWork NSW

Waste disposed of onsite

Council or EPA as illegal dumping or pollution of land if no valid council development consent

Local council (consent required to dispose onsite) (section 149 property certificate and development assessment process)

Waste going to landfill site