Item 9.3 - Attachment 1

Special requirements relating to asbestos waste

SPECIAL REQUIREMENTS RELATING TO ASBESTOS WASTE

(1) This clause applies to any activity that involves the transportation, disposal, re-use or recycling of any type of asbestos waste, regardless of whether the activity is required to be licensed.

(2) A person who carries on an activity to which this clause applies must comply with the requirements specified in this clause in relation to the activity concerned. Maximum penalty: 400 penalty units in the case of a corporation, 200 penalty units in the case of an individual.

(3) The requirements relating to the transportation of asbestos waste are as follows:
(a)  bonded asbestos material must be securely packaged at all times,
(b)  friable asbestos material must be kept in a sealed container,
(c)  asbestos-contaminated soils must be wetted down,
(d)  all asbestos waste must be transported in a covered, leak-proof vehicle.

(4) The requirements relating to the off site disposal of asbestos waste are as follows:
(a)  asbestos waste in any form must be disposed of only at a landfill site that may lawfully receive the waste,
(b)  when asbestos waste is delivered to a landfill site, the occupier of the landfill site must be informed by the person delivering the waste that the waste contains asbestos,
(c)  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,
(d)  asbestos waste disposed of at a landfill site must be covered with virgin excavated natural material or other material as approved in the facility’s environment protection licence:
(i)  initially (at the time of disposal), to a depth of at least 0.15 metre, and
(ii)  at the end of each day’s operation, to a depth of at least 0.5 metre, and
(iii)  finally, to a depth of at least 1 metre (in the case of bonded asbestos
waste or asbestos-contaminated soils) or 3 metres (in the case of friable
asbestos material) beneath the final land surface of the landfill site.

(5) A person must not cause or permit asbestos waste in any form to be re-used or recycled.

(6) In this clause:
- bonded asbestos material means any material (other than friable asbestos material) that contains asbestos.
- friable asbestos material means any material that contains asbestos and is in the form of a powder or can be crumbled, pulverised or reduced to powder by hand pressure when dry.

DECCW further require that vehicles and their containers must be cleaned before leaving the landfill site.

Workcover licensing provisions apply only to any activity involving the removal of asbestos.