Asbestos may be banned in Australia, but asbestos law remains a critical and actively enforced area of regulation, particularly in New South Wales. A major investigation launched by the NSW Environment Protection Authority in late 2024 underscores the persistence of asbestos contamination and the need for proactive testing and compliance for organisations operating across Sydney and NSW.
Asbestos law enforcement in NSW: lessons from the EPA mulch investigation
In December 2024, the NSW EPA concluded what it described as the largest investigation in its history, following the discovery of bonded asbestos in mulch used at public spaces across Sydney. The issue came to light after asbestos-contaminated mulch was identified at Rozelle Parklands, prompting widespread inspections.
More than 300 sites were assessed, with 79 locations confirmed to have used tainted mulch. All affected sites were ultimately remediated, but not before significant disruption, public concern, and regulatory scrutiny. The EPA laid 102 charges in total, reinforcing the seriousness with which asbestos law is enforced in NSW.
Prosecutions reinforce the strength of asbestos law
The EPA’s prosecutions targeted multiple organisations involved in resource recovery and waste handling. Allegations included breaches of environmental protection licences, unlawful reuse of asbestos waste, and the conduct of regulated activities without appropriate EPA approval.
Notably, company directors were charged under executive liability provisions, demonstrating that asbestos law applies not only to companies but also to those in control. This sends a clear message to developers, waste operators, councils, and contractors: failures in asbestos compliance can carry serious legal and financial consequences.
Why asbestos contamination remains a modern risk
A common misconception is that asbestos risks are limited to older buildings. The NSW mulch investigation shows that asbestos can still enter the environment through reused materials, soil, fill, and waste products. When supply chains are not properly audited and tested, asbestos can be introduced into unexpected places, such as parks, playgrounds, and landscaping projects.
This is precisely why asbestos law places strong emphasis on duty of care, testing, and verification, particularly where materials are reused or repurposed.
The role of asbestos law in protecting public spaces
NSW asbestos law exists to protect public health, workers, and the environment. The EPA’s actions demonstrate that regulators will intervene decisively where systems fail. Importantly, enforcement does not rely on intent; organisations can face prosecution even where contamination arises through poor controls or inadequate verification processes.
For businesses and asset owners, this means compliance must be preventative, not reactive.
How Global Asbestos Audits Assists With Asbestos Law Compliance
Global Asbestos Audits works with organisations and property owners across Australia to help them meet their obligations under asbestos law. Our services focus on early identification and risk management, reducing the likelihood of costly enforcement action.
We assist with:
- Asbestos inspections and sampling
- Soil, fill, and material testing prior to use or reuse
- Asbestos registers and compliance documentation
- Independent verification to support regulatory due diligence
- Advice aligned with NSW asbestos law and environmental requirements
By identifying asbestos risks early, organisations can avoid the operational disruption, reputational damage, and litigation exposure seen in the NSW mulch investigation.
Why proactive asbestos testing matters more than ever
The EPA case demonstrates that asbestos law is actively enforced and evolving to address modern contamination pathways. Testing materials before they are installed, reused, or distributed is one of the most effective ways to meet legal obligations and protect the community.
Being proactive is not only safer but also far more cost-effective than responding to enforcement action after contamination has occurred.
A clear warning for Sydney and NSW Organisations
The NSW EPA’s response to asbestos-tainted mulch is a clear reminder that asbestos law remains highly relevant today. Regulators expect organisations to understand their supply chains, verify materials, and take responsibility for asbestos risks at every stage. Global Asbestos Audits helps organisations navigate this complex regulatory environment with confidence, supporting safer projects and stronger compliance outcomes across Sydney and NSW.