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New multi-million dollar fines for asbestos dumpers

Illegally dumping asbestos now carries a multi-million dollar fine under new laws passed by the NSW Government.

Previously, the maximum penalty for asbestos waste offenders were $44,000 for corporation and $22,000 for individuals. Under the new laws, these are now $2 million for corporation and $500,000 for individuals who illegally dispose, recycle or re-use asbestos waste.

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Maximum court penalties for land pollution and waste offences involving asbestos have also been doubled to $2 million for corporations and $500,000 for individuals.

Managers and directors can also now be held accountable for offences committed by their companies under the new laws.

NSW Environment Minister Gabrielle Upton said illegally dumping asbestos is a serious crime, and the government wants dumpers to know there are tough penalties for those that break the law.

“The new laws also require the courts to consider the presence of asbestos when determining the magnitude of the penalty,” Ms Upton said.

“The massive fine hike comes on top recently announced tougher asbestos handling controls for waste facilities and a tenfold increase in on-the-spot asbestos fines for illegally transporting or disposing of asbestos waste,” she said.

The NSW Government has released a draft of its Asbestos Waste Strategy, which aims to make it tougher to illegally dump asbestos and safer to remove it.
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NSW Govt cracks down on asbestos waste

The NSW Government has initiated a crackdown on asbestos waste, introducing stronger measures to protect the community and environment from rogue construction and demolition waste operators.

A reform package has been announced and will increase on the spot fines for illegally transporting or disposing of asbestos waste by tenfold.

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Construction and demolition waste facilities will also face tougher inspections and handling rules, along with new fines for illegally digging up landfills.

Under the changes, construction and demolition waste facilities will have tighter inspection controls and constant video monitoring. Facilities must also comply with stringent waste storage rules and provide evidence that staff are properly trained.

Incentives are also available for those doing the right thing, with a 75 per cent levy discount for some types of construction and demolition waste that meets specification to be applied as cover material.

The changes were introduced in the Protection of the Environment Operations Legislation Amendment (Waste) Regulation 2018, which will come into effect in May 2019 to allow the industry time to adjust.

NSW Environment Minister Gabrielle Upton said it is a top priority that stronger penalties act as a deterrent and that waste facility operators improve the way they manage construction and demolition waste.

“By giving the NSW Environment Protection Authority (EPA) stronger penalties, it can more effectively hold the waste industry to account as well as encouraging good behaviour.

“On the spot fines for illegal asbestos transport and disposal have increased from $750 for an individual and $1,500 for a corporation to $7,500 and $15,000.

Ms Upton said the reforms follow comprehensive consultation with local councils, waste facility operators, industry bodies and the community.

“Poor practices were identified particularly at a number of facilities handling construction waste. That is why there are now tougher standards and procedures to safeguard the environment and community.”

“There is also a new, $15,000 on-the-spot fine and penalties of up to $44,000 for illegally digging up old landfills. From now on, landfills can only be dug up in cases of emergency or with specific permission of the EPA,” she said.

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