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 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 to future site activities and occupants. For 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 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 2011. This includes taking reasonable steps to ensure that council has and uses appropriate resources and processes to eliminate or minimise risks associated with asbestos.
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 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 to future site activities and occupants. For 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 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 2011. This includes taking reasonable steps to ensure that council has and uses appropriate resources and processes to eliminate or minimise risks associated with asbestos.
Model%20Asbestos%20Policy%202015.docx