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Asbestos Removal and Planning Controls

Development Applications

Gundagai Shire Council ensures that specific standard conditions are applied to developments where it is known or reasonably suspected that asbestos will be recommended.

The aim of these conditions of consent is to minimise asbestos exposure in the environment by requiring asbestos safe work practices and controls and disposal procedures during development activities.

In addition to compliance with the development consent conditions, applicants should notify their neighbours prior to the removal of any asbestos. The applicant or their agent must, in writing, notify all adjoining properties and those directly opposite the development. Notification details to include the date(s) and time(s) of the asbestos removal, the name of the licensed removalist together with a contact person for the site, telephone, facsimile and email address.

Note: Notwithstanding if the development requires consent or not, if the area of removal is greater than 10m 2, demolition works and disposal of asbestos must only be undertaken by contractors who hold a current "Demolition Licence" and a current WorkCover  AS1 or AS2  Asbestos Licence.

 

Exempt and Complying Development

In relation to exempt and complying development new regulations have been introduced relating to Environmental Planning and Assessment Amendment (Asbestos) Regulation 2009 and State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Asbestos) 2009 (the Asbestos Amendments), which commence on 18 January 2010. 

 The aim of the new amendments is to protect "owner builders", but also avoid duplication of the requirements under the OH&S Regulation. Thus, in the interests of addressing environmental and public health risks, the Asbestos Amendments require that works involving asbestos removal as complying development must be undertaken by a contractor who is licensed under clause 318 of the OH&S Regulation.This means that owner builders can not carry out such works by themselves.

An exception to this requirement is where less than ten square metres of bonded asbestos is being removed. The Regulation requires applications for complying development certificates (CDCs) to include details of the estimate area of bonded or friable asbestos involved in the works.

Applicants will need to supply a contract evidencing the engagement of a business licensed under the OH&S Regulation to be provided to the principal certifying authority requires such a contract to specify the landfill site lawfully able to accept asbestos to which the removed asbestos will be delivered. For any enquiries regarding exempt and complying development applications contact the City's Development Team on Tel: 02 9265 9333 (24 hours, 7 days per week).

 

Useful links Government Bodies - State

Safe removal from your home Website: http://www.environment.nsw.gov.au/resources/waste/asbestos/
asbestosweb.pdf

 

Asbestos licenses Web site: 
http://www.workcover.nsw.gov.au/licensing/
Licencesandcertificates/Asbestoslicensing/Pages/default.aspx

 

Renovation a homeowners guide Website: 
http://nsw.gov.au/fibro

 

National Advice on asbestos Wesite: 
http://safeworkaustralia.gov.au/

 

Peak Body Renovation Website:
http://www.thinkasbestos.com.au/ta/home.asp