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NSW Asbestos Regulations: Your Legal Obligations as a Property Owner

2025-07-10Mr Asbestos Team

As a property owner in New South Wales, you have specific legal obligations regarding asbestos-containing materials on your property. Whether you're a homeowner planning renovations, a landlord managing rental properties, or a commercial property owner, understanding these regulations is essential.

The Key Legislation

Asbestos management in NSW is governed by several pieces of legislation:

  • Work Health and Safety Act 2011 — sets out duties for persons conducting a business or undertaking (PCBUs)
  • Work Health and Safety Regulation 2017 — contains specific asbestos-related requirements
  • Protection of the Environment Operations Act 1997 — governs waste transport and disposal
  • Environmental Planning and Assessment Act 1979 — covers demolition and development requirements

When You Need a Licensed Removalist

Under NSW law, you MUST use a licensed asbestos removalist when:

  1. 1.Removing more than 10 square metres of bonded (non-friable) asbestos
  2. 2.Removing ANY amount of friable asbestos (Class A licence required)
  3. 3.The work is part of a business or commercial activity

Important exception: A homeowner may remove up to 10m² of bonded asbestos from their own residential property without a licence, but must still follow SafeWork NSW's safety requirements and dispose of waste correctly.

Asbestos Management Plans

If you own or manage a commercial building, workplace, or multi-unit residential property built before 2003, you are likely required to have an Asbestos Management Plan. This plan must:

  • Identify all known or assumed ACMs in the building
  • Assess the condition and risk of each material
  • Outline management procedures (monitor, encapsulate, or remove)
  • Be reviewed regularly and updated when changes occur
  • Be accessible to workers and contractors

Disposal Requirements

All asbestos waste in NSW must be:

  • Wrapped in heavy-duty plastic (200μm minimum)
  • Clearly labelled as asbestos waste
  • Transported by a licensed waste transporter
  • Disposed of at a facility licensed to accept asbestos
  • Tracked via the NSW EPA WasteLocate system

Penalties for Non-Compliance

Penalties under NSW legislation are severe:

  • Individuals: up to $55,000 per offence
  • Corporations: up to $550,000 per offence
  • Illegal dumping: up to $1,000,000 and/or 7 years imprisonment
  • WorkCover improvement/prohibition notices

How Mr Asbestos Helps You Stay Compliant

We hold Asbestos Removal Licence AD214680 (held by Obm Demolition Stripouts Pty Ltd, expiry 7 Dec 2030). Every job we complete includes:

  • Full compliance with SafeWork NSW Code of Practice
  • Proper waste tracking via WasteLocate
  • Licensed disposal at approved facilities
  • Documentation for your records
  • Clearance certificates where required

Don't risk fines or health consequences. Call Mr Asbestos on 0449 960 184 for compliant asbestos removal across Sydney.