NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

09 February 2017

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

Our Vision

Nambucca Valley ~ Living at its best.

 

Our  Mission Statement

 

‘The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.’

 

Our Values in Delivery

·                Effective leadership

·                Strategic direction

·                Sustainability of infrastructure and assets

·                Community involvement and enhancement through partnerships with Council

·                Enhancement and protection of the environment

·                Maximising business and employment opportunities through promotion of economic development

·                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

·                Actively pursuing resource sharing opportunities

 

Council Meetings:  Overview and Proceedings

 

Council meetings are held on the last Thursday of each month AND on the Thursday two weeks before the Thursday meeting.  Both meetings commence at 5.30 pm.  Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

 

How can a Member of the Public Speak at a Council Meeting?

 

1        Addressing Council with regard to an item on the meeting agenda:

 

Members of the public are welcome to attend meetings and address the Council.  Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.  The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda.  Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item. 

 

2        Public forum address regarding matters not on the meeting agenda:

 

Nambucca Shire Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values.  Accordingly Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda and the subject of the address is disclosed and recorded on the agenda.

 

In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum.  In particular the Council has to provide procedural fairness and consider all relevant information.  Generally this cannot be done with matters which have come direct to Council via the public forum.  So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.

 

In the public forum speakers should address issues and refrain from making personal attacks or derogatory remarks.  You must treat others with respect at all times.

 

Meeting Agenda

 

These are available Council’s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 09 February 2017

 

Acknowledgement of Country            (Mayor)

 

I would like to acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.  I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginal People present.

 

AGENDA                                                                                                   Page

 

Time

Description

Where

Leave Administration Building at 3.30 pm for 4.00 pm onsite inspection

Item 9.2

Replacement of Browns Bridge, Sadlers Lane, Taylors Arm

Sadlers Lane, Taylors Arm

 

1        APOLOGIES

 

2        PRAYER Father Selwin from the Catholic Church

 

3        DISCLOSURE OF INTEREST

 

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 12 January 2017................................................................................. 7

 

5        NOTICES OF MOTION  

 

6        PUBLIC FORUM

St Patricks School Year 6 Students – Dawkins Park and Macksville Revitalisation Plans

 

DELEGATIONS

9.2     Replacement of Browns Bridge, Sadlers Lane, Taylors Arm.............................................. 24

          i)        Mr Peter Watt

 

9.13   DA2016/236 - Markets - Lot 3 DP 1202794, Adin Street Reserve,  Scotts Head                  154

          i)        Ms Annie Holcombe--on behalf of Wildlife Rescue Inc

          ii)       Mr Bernard Ashcroft—on behalf of Wildlife Rescue Inc

 

PUBLIC FORUM

i)              Mr Peter Gill – Roadside Rubbish, Pacific Highway and Giinagay Way

ii)             Ms Kerry Grace, CEO Regional Development Australia Mid North Coast - Draft Regional Plan and the direction in 2017

 

7        ASKING OF QUESTIONS WITH NOTICE   

 

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 17

9.2     Replacement of Browns Bridge, Sadlers Lane, Taylors Arm--DELEGATION....................... 24

9.3     Single-Use Plastic Shopping Bags.................................................................................. 28

9.4     2016 December - Development and Complying Development Applications Received......... 33

9.5     2016 December - Approved Construction and Complying Development Certificates........... 36

9.6     Council Ranger's Report December 2016......................................................................... 40

9.7     Asbestos Policy............................................................................................................. 43

9.8     Provision of Insurance Brokerage Services.................................................................... 117

9.9     Macksville Hospital Redevelopment............................................................................... 119

9.10   Refund of Deposits to 2016 Local Government Election Candiates................................. 126

9.11   Audit Risk and Improvement Committee - Minutes of Meeting 18 January 2017................ 128

9.12   Use of Adin Street Reserve (Village Green) Scotts Head for markets............................... 149

9.13   DA2016/236 - Markets - Lot 3 DP 1202794, Adin Street Reserve, Scotts Head- DELEGATION.... 154

9.14   2016 Shire Wide Revaluation and Proposed Rating Structure for 2017/2018..................... 167

9.15   Environmental Management Audit of Valla Quarry........................................................... 172

9.16   Use of Council Owned Land at Valla to Store Caravans for the Lifetime Connect, "Young People in Caravans Project"......................................................................................................... 282

9.17   Rally Australia - Community Liaison Committee.............................................................. 291

9.18   Development Applications greater than 12 months or where submissions received - 8 December to 3 January 2017................................................................................................................ 293

 

10      Assistant General Manager Corporate Services Report

10.1   Taylors Arm Hall Committee of Management - Annual General Meeting 15 December 2016 295

10.2   Taylors Arm Reserve Committee of Management - Annual General Meeting 15 December 2016    301

 

11      Assistant General Manager Engineering Services Report

11.1   Funding for Natural Disaster Flood Event - June 2016..................................................... 306

11.2   Review of Policy: Trees and Street Gardens - Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council.............................................................................. 308

11.3   Review of Guidelines: Trees on Public Land................................................................... 338

11.4   Bowra Dam - Request for Variation to Licence Conditions for Environmental Release....... 352

11.5   Waste Management - Quarterly report October - December 2016..................................... 356

11.6   Waste Management Facility Construction Works............................................................. 360

11.7   Waste Management - Processing and Reuse of Construction and Demolition Waste........ 364

11.8   Tender T381617NAM Supply and Delivery of Electricity to Small Mass Market Sites ........ 369    

 

12      General Manager's Summary of Items to be Discussed in Closed Meeting

12.1   Tender T381617NAM Supply and Delivery of Electricity to Small Mass Market Sites

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

12.2   Proposed  Auction of Council Owned Englobo Residential Land - Lot 22 DP 1036142, Treleaven Street, Hyland Park

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

 

13      MEETING CLOSED TO THE PUBLIC

 

14      REVERT TO OPEN MEETING FOR DECISIONS IN RELATION TO ITEMS DISCUSSED IN CLOSED MEETING.

 

 

 


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

Pecuniary – must leave chamber, take no part in discussion and voting.

 

 

 

Non Pecuniary – Significant Conflict – Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.

 

 

Non-Pecuniary – Less Significant Conflict – Councillor/Member may choose to remain in Chamber and participate in discussion and voting.

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council’s Email Address – council@nambucca.nsw.gov.au

 

Council’s Facsimile Number – (02) 6568 2201

 

(Instructions and definitions are provided on the next page).

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

Pecuniary – An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

(Local Government Act, 1993 section 442 and 443)

 

A Councillor or other member of a Council Committee who is present at a meeting and has a pecuniary interest in any matter which is being considered must disclose the nature of that interest to the meeting as soon as practicable.

 

The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).

 

 

Non-pecuniary – A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; a friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

 

If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict.  The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with.  You must deal with a non-pecuniary conflict of interest in at least one of these ways.

 

·         It may be appropriate that no action is taken where the potential for conflict is minimal.  However, council officials should consider providing an explanation of why they consider a conflict does not exist.

·         Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa).  Care needs to be taken when exercising this option.

·         Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).

·         Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 12 January 2017

The following document is the minutes of the Ordinary Council meeting held 12 January 2017.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 9 February 2017 and therefore subject to change.  Please refer to the minutes of 9 February 2017 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Susan Jenvey

Cr Brian Finlayson

Cr Janine Reed

Cr David Jones

Cr John Wilson

Cr Anne Smyth

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (Assistant General Manager, Corporate Services)

Clint Fitzsummons (Manager Assets)

Lorraine Hemsworth (Minute Secretary)

 

APOLOGIES

 

Cr Martin Ballangarry OAM

Paul Gallagher (AGM Engineering Services)

 

PRAYER

 

Pastor Peter Lott from the Christian Life Centre, offered a prayer on behalf of the Nambucca Minister's Association.

 

DISCLOSURE OF INTEREST

 

Nil received.

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 December 2016

1/17 RESOLVED:  (Reed/Smyth)

 

That the minutes of the Ordinary Council Meeting of 15 December 2016 be confirmed with the following amendments:

 

·                     p15           Resolution 531/16:

 

That Council invite Bellingen Shire Council to be a part of this Clean Energy Committee to order to take advantage of potential resource sharing on future projects. And further, if the response is positive, Council forward a copy of the draft Terms of Reference for consideration.

 

·                     p13           Resolution 527/16 to be as follows:

 

Amendment:       (Hoban/Reed)

That Council receives a further brief report as to whether there has been any investigation as to the potential for the land being dedicated to interested environmental groups such as Wetland Care Australia before reconsidering this proposal.

 

The amendment was carried and it became the motion and it was:

 

 

 

2/16 Resolved(Hoban/Reed)

 

That Council receives a further brief report as to whether there has been any investigation as to the potential for the land being dedicated to interested environmental groups such as Wetland Care Australia before reconsidering this proposal.

 

 

 

DELEGATIONS

RECOMMENDATION:

 

That the following delegations be heard:

 

9.7     Illawong Village Boundary Adjustment:

          i         Ms Edna Stride OAM

9.9     Nambucca LEP Amendment No 21 - Housekeeping and Other Policy Amendments

          ii        Mr Adrian Oxbrow – Loftus Street, Nambucca Heads

          iii       Mr Peter Webber – Loftus Street, Nambucca Heads

          iv       Mr James Ledger – 59 Waratah Street, Scotts Head

 

Confidiential SECTION:

12.2   Economic Development/Tourism Inquiry

          Mr Aaron Trevis

 

 

ITEM 9.7      PRF19                120117      Illawong Village Boundary Adjustment

3/17 RESOLVED:  (Ainsworth/Smyth)

 

1        That the Illawong Village Limited be advised that Council will accept trusteeship of the land being Part Lot 483 DP 755550 and Lot 447 DP 755550 so as facilitate its      development for its intended purpose of providing affordable housing for seniors or people with a disability or otherwise maintained as part of the open space of McMorrine Park.

 

2        That if the Illawong Village Limited agrees to transfer trusteeship with the knowledge of Council’s intentions, then there be a further report to Council in relation to securing expressions of interest from suitable parties in the development of the land.

 

 

 

 

9.9     Nambucca LEP Amendment No 21 - Housekeeping and Other Policy Amendments

          ii        Mr Adrian Oxbrow  addressed the Council with his objection to the proposed planning amendment in Loftus Street, Nambucca Heads.

 

4/17 Resolved(Smyth/Finlayson)

That Mr Adrian Oxbrow be extended extra time in his delegation to Council on Lot 470, Loftus Street, Nambucca Heads.

 

          iii       Mr Peter Webber addressed the Council with his objections to the proposed planning amendment in Loftus Street, Nambucca Heads.

          iv       Mr James Ledger addressed Council with his objections to the proposed planning amendment at 59 Waratah Street, Scotts Head.


 

 

ITEM 9.9      SF2208              120117      Nambucca LEP Amendment No 21 - Housekeeping and Other Policy Amendments


Motion:      (Finlayson/Ainsworth)     

 

1        That Council proceed with the proposed amendment as attached to this report except for item 2.7.

 

2        That Council engage a suitably qualified person to undertake an assessment of flora and fauna on Lot 701 DP 1054525 - Boronia Street, Nambucca Heads to determine if the required asset protection zones from future residential development on the lot will result in any significant effects on threatened species, populations, communities or their habitats. If it will not, re-exhibit item 2.7 as a new planning proposal.

 

3        That pursuant to Clause 59(1) of the Environmental Planning and Assessment Act 1979 Council request that a draft instrument be prepared by forwarding all relevant information to the Minister and requesting that the plan be made.

 

4        That those persons/agencies who made submissions be advised of Council's decision.

 

Amendment:       (Smyth/Jenvey)

 

That Council determine (2.8) Loftus Street, Nambucca Heads and (2.15) Waratah Street, Scotts Head separately.

 

For the motion:       Councillors Smyth, Jenvey, Reed, Jones                                  (Total 4)

Against the motion: Councillors Wilson, Finlayson, Ainsworth, Hoban                      (Total 4)

 

The amendment was Lost.

 

5/17   Resolved:          (Finlayson/Ainsworth)

 

1        That Council proceed with the proposed amendment as attached to this report except for item 2.7.

 

2        That Council engage a suitably qualified person to undertake an assessment of flora and fauna on Lot 701 DP 1054525 - Boronia Street, Nambucca Heads to determine if the required asset protection zones from future residential development on the lot will result in any significant effects on threatened species, populations, communities or their habitats. If it will not, re-exhibit item 2.7 as a new planning proposal.

 

3        That pursuant to Clause 59(1) of the Environmental Planning and Assessment Act 1979 Council request that a draft instrument be prepared by forwarding all relevant information to the Minister and requesting that the plan be made.

 

4        That those persons/agencies who made submissions be advised of Council's decision.

 

For the motion:      Councillors   Hoban, Wilson, Jones, Reed, Ainsworth, Finlayson

                             (Total 6)

Against the motion: Councillors Smyth and Jenvey

                             (Total 2)

Note:  Councillors Smyth and Jenvey recorded their reasons for opposing the motion being they do not agree with Items 2.8 and 2.18 but otherwise support the other Items.

 

 

 

 

Adjournment of Meeting:

6/17 Resolved(Ainsworth/Finlayson)

 

That the meeting be adjourned for a short break – 6.45pm to 6.58pm.

 

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

7/17  Resolved: (Ainsworth/Reed)

 

1          That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed above.

 

Reason reports are in Closed Meeting:

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1134              120117      Economic Development/Tourism Inquiry

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.00 pm.

 

DELEGATION - Confidiential SECTION:

12.2   Economic Development/Tourism Inquiry

          v        Mr Aaron Trevis and Dr Chris Hawley

 

RESUME IN OPEN MEETING

8/17 Resolved(Ainsworth/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.30 pm.

 

FROM COUNCIL IN CLOSED MEETING

 

ITEM 12.2    SF1134              120117      Economic Development/Tourism Inquiry

9/17 RESOLVED:  (Reed/Ainsworth)

 

That Council:

 

1        Note the economic development/tourism inquiry.

 

2        Provide its owner’s consent to a development application for feasibility investigations and a         renewable 12 month licence agreement for the proponents to enter upon Council’s land for    the purposes of undertaking those investigations.

 

3        There be a further report to Council when there has been some substantive progress in the matter or in 6 months’ time, whichever occurs first.

 

4        That Council’s seal be attached to any licence agreement as may be required.

 

 

7.35 pm – 8.15 pm          The meeting adjourned for dinner.

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with Notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no questions for Closed Meeting where due notice has been received

 

 

General Manager Report

ITEM 9.1      SF959                120117      Outstanding Actions and Reports

10/17 RESOLVED: (Reed/Smyth)

 

That the list of outstanding actions and reports be noted and received for information by Council.

 

 

 

ITEM 9.2      RF391                120117      Replacement of Browns Bridge, Sadlers Lane, Taylors Arm

11/17 RESOLVED: (Finlayson/Reed)

 

That the report on the Replacement of Browns Bridge, Sadlers Lane, Taylors Arm be deferred until 9 February 2017 Council meeting.

 

 

 

 

ITEM 9.3      SF42                  120117      Fit for the Future Improvement Plans and Integrated Planning and Reporting

12/17 RESOLVED: (Finlayson/Wilson)

 

That Council note the information contained in Circular No. 16-49 issued by the Office of Local Government on 21 December 2016.

 

 

 


 

 

ITEM 9.4      SF1417              120117      Filling and Compaction of Nambucca Heads Industrial Land zoned B7 Business Park

13/17 RESOLVED: (Ainsworth/Finlayson)

 

That Council proceed with engaging contractors to import 4,000m3 of hard stand fill material to proposed Lot 16 Railway Road, Nambucca Heads and for its spreading and compaction at an estimated total cost of $61,000 inclusive of GST.

 

 

ITEM 9.5      SF4                    120117      Building Regional Australia Summit - Nambucca Heads RSL - 26 to 28 April 2017

14/17 RESOLVED: (Ainsworth/Reed)

 

That Council provide the balance of the requested sponsorship to secure the Building Regional Australia 2017 summit to be held at the Nambucca Heads RSL Club between 26 and 28 April 2017.

 

 

ITEM 9.6      SF1635              120117      Productivity Savings - Organisation Structure

15/17 RESOLVED: (Finlayson/Wilson)

 

That Council seek expressions of interest from its staff for voluntary redundancy as per the Local Government Award provisions, noting that Council is not obliged to make an offer, with each offer to be assessed on its merits including the duties of the position, the cost of the position to the general fund and the cost of the redundancy.  Following referral to the Consultative Committee, recommendations to make offers of voluntary redundancy will be reported to Council as a variation to the organisation structure.

 

Note:  Cr Smyth requested that her name be recorded against the resolution.

 

 

 

Item 9.7 was dealt with under Delegations.

 

 

ITEM 9.8      SF2293              120117      Development Applications greater than 12 months or where submissions received - 8 December to 3 January 2017

16/17 RESOLVED: (Ainsworth/Reed)

 

That the information be noted by Council.

 

 

 

Item 9.9 was dealt with under Delegations.

 

 

ITEM 9.10    SF2293              120117      2016 NSW population and household projections

17/17 RESOLVED: (Reed/Ainsworth)

 

That the information be noted.

 

 

ITEM 9.11    SF1148              120117      Council Ranger's Report October and November 2016

18/17 RESOLVED: (Ainsworth/Wilson)

 

That Council’s Ranger’s report for October and November 2016 be received and noted by Council.

 

 

 

General Manager Report - LATE

ITEM 9.12    SF42                  120117      Induction and Ongoing Professional Development for Mayors and Councillors

19/17 RESOLVED: (Ainsworth/Jones)

 

That the NSW Office of Local Government (OLG) be advised as follows:

 

1        The impediment impacting on this council’s capacity to comply with the proposed regulations is its focus on improving its financial sustainability and additional governance costs arising out of the required training detract from this focus; and

 

2        This impediment can be partially overcome by the OLG providing a range of training opportunities to councils at no cost, for example by the use of webinars, regional based trainers and the like.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF395                120117      2016/17 Borrowing Program

20/17 RESOLVED: (Finlayson/Ainsworth)

 

1        Council approves new borrowings of $1,500,000 for Infrastructure Works ($1,000,000 Bridges and $500,000 Roads) as provided for in the 2016-17 Operational Plan.

 

2        That Council approves the execution of a Loan Agreement between Nambucca Shire Council and New South Wales Treasury Corporation.

 

3        The approved terms of the loan are Credit Foncier Loan for $1,500,000, for a 15 year term with a fixed interest rate and biannual repayments.

 

4        The General Manager accepts NSW Treasury Corporation’s interest rate and executes drawdown.

 

5        Council authorise the Mayor and/or the General Manager to execute the Loan Agreement.

 

6        That in the event NSW Treasury Corporation requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement.

 

 

 


 

 

ITEM 10.2    SF2230              120117      Investment Report to 31 December 2016

21/17 RESOLVED: (Wilson/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 December 2016 be noted.

 

 

 

ITEM 10.3    SF251                120117      Schedule of Council Public Meetings 2017

22/17 RESOLVED: (Finlayson/Jenvey)

 

That the schedule of dates for public Council meetings in 2017 be noted and received for information by Council.

 

 

 

ITEM 10.4    SF315                120117      Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 12 November 2016

23/17 RESOLVED: (Ainsworth/Finlayson)

 

That Council endorse the minutes of the Annual General Meeting held on 12 November 2016 for the Committee of Management for the Mary Boulton Pioneer Cottage and Museum and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.5    SF340                120117      Utungun Community Centre Committee of Management - Minutes of AGM - 10 November 2015

24/17 RESOLVED: (Ainsworth/Jenvey)

 

That Council endorse the Minutes of the Utungun Community Centre’s Committee of Management for the Annual General Meeting held on 10 November 2015 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF84                  120117      NSW Rural Fire Service 2017/18 Budget Bid

25/17 RESOLVED: (Ainsworth/Jenvey)

 

1        That Council receive a presentation from the NSW Rural Fire Service Zone Manager for the Lower North Coast Zone on the proposed 2017/18 NSW Rural Fire Service budget, plant replacement and capital works for buildings and amenities.

 

2        That Council thank Mr Ison for his presentation.

 

3        That Council note the RFS contribution for 2016/17 is $263,554.00 and that this will be reflected in the December 2016 QBR.

 

 

 

 

ITEM 11.2    SF825                120117      Purchase of a Zipper Machine

26/17 RESOLVED: (Ainsworth/Jenvey)

 

1        That Council allocate an amount of $70,000 (ex GST) from working funds towards the plant fund for the purchase of a low hour second hand Zipper AZ300B and a suitable plant hire rate be devised to offset the cost of purchase over the next twelve months derived from the payment on plant hire charges that would normally be paid to external contractors for work untaken on the heavy patching program, road rehabilitation and proposed works on the Bellingen/Bowraville Road.

 

2        That the payment for any second hand zipper machine be subject to Council’s Senior Mechanic being satisfied as to the condition of the machine and the cost of its on-going maintenance.

 

 

 

 

ITEM 11.3    SF841                120117      Pacific Highway Upgrade - Assets Handover as at December 2016

27/17 RESOLVED: (Ainsworth/Finlayson)

 

That Council receive and note the report.

 

 

 

9.56 pm – Cr Reed left the meeting.

 

Assistant General Manager Engineering Services Report - LATE

ITEM 11.4    SF2080              120117      RMS Meeting for Highway Handover

28/17 RESOLVED: (Finlayson/Wilson)

 

1           For Council information.

 

2        A new report is to be submitted at future Council Meeting, once a final figure for the Maintenance Diary has been determined.

 

     

9.59 pm – Cr Finlayson, Scott Norman, Clint Fitzsummons and Lorraine Hemsworth left the meeting.

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

29/17 RESOLVED: (Ainsworth/Jenvey)

 

1          That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed above.

 

Reason reports are in Closed Meeting:

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF839                120117      General Manager's Performance Review

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 10.00 pm.

 

RESUME IN OPEN MEETING

30/17 RESOLVED: (Ainsworth/Jenvey)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 11.08 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF839                120117      General Manager's Performance Review

 

The Council provided the General Manager with feedback.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 11.10 pm. 

 

Confirmed and signed by the Mayor on 9 February 2017.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

          


Ordinary Council Meeting                                                                                                9 February 2017

General Manager

ITEM 9.1      SF959              090217         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions. Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting. Please note that the status comments have been made one week before the Council meeting.

 

 

Recommendation:

 

That the list of outstanding actions and reports be noted and received for information by Council.

 

 

 

 

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

 

MARCH 2011

1

DA2010/234

17/3/11

Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan

 

GM

The draft Floodplain Risk Management Plan has been circulated to Councillors and the Estuary Committee.

Council has received a preliminary draft of the flood Risk Management Study and Plan which is presently being reviewed. The report will be distributed to Council and the Nambucca Rivers Creeks and Coastline Management Committee after this review is complete.

Council staff and OEH are reviewing the draft.  The draft requires further work before it can be circulated to the Estuary Committee and Councillors.

Draft now being circulated to Estuary Committee and Councillors.

 

Draft being uploaded to Council’s website.

 

Estuary Committee will be considering the study and plan at their meeting on 18 November 2016.

 

The study and plan are on public exhibition until 3 February 2017.  There will be drop in sessions in River Street, Macksville from 9.30am to 12pm on 14 December and also at the Nambucca Entertainment Centre between 1pm and 3.30pm on 14 December.

 

The study and plan will come off exhibition on 3 February 2017.  It is anticipated that they will be reported to a March Council meeting.

 

JULY 2011

2

SF1031

21/7/11

That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy

 

GM

The project is awaiting the completion of the floodplain risk management matrix.

Council has received a preliminary draft of the flood Risk Management Study and Plan which is presently being reviewed. The report will be distributed to Council and the Nambucca Rivers Creeks and Coastline Management Committee after this review is complete.

 

AUGUST 2013

 

DECEMBER 2013

 

3

SF1842

11/12/13

That if Council and IPART support a rate increase above rate pegging, Council provide a quarterly report either through a media release or its rates newsletter to confirm to ratepayers that the additional funds are being spent on roads and bridges as indicated in our community consultation.

GM

The first quarterly report would be the rates newsletter to be distributed with the 2014/2015 rates notice.

Report produced.

Media release issued before 13 November Council meeting.

Second media release issued 20 May 2015.

Third media release issued 30 November 2015.

 

Proposed on-going progress report on Council’s capital works program with a monthly update to be listed on Council’s website.

 

 

MARCH 2015

 

4

SF841

12/03/15

Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that the bridges and major culvert structures which are located on the existing Pacific Highway through the Nambucca Valley should remain State assets and not be handed over to Council.

 

GM

Letter written w/e 20/3/2015.

As at June 2015 arrangements are being made for a consultant to assist Council staff in investigating the liability associated with the proposed handover of the existing Pacific Highway to Council.  Data provided by the RMS needs to be reviewed as well as a physical inspection of the road and bridge assets.

Mayor and GM met with the Member for Oxley on 18 September 2015.  Details of Council’s previous submissions forwarded to the Member for Oxley with a request that she make representations on behalf of Council.

The early estimates of annual depreciation for the northern section of the Pacific Hwy (Nambucca Heads to Oyster Creek) assets are proposed to be transferred is approximately $1million per annum.

Council is expecting receiving a written offer from the RMS in relation to the handover.

Council received a briefing from the consultants reviewing the RMS assets to be handed over to Council on 30 June 2016 and a compensation package will not be developed until the transfer of traffic onto the new highway as the pavement can’t be assessed until the traffic is transferred off the old highway.

A report on the status of the Bridges is anticipated in August

 

Mayor, GM and AGMES met with Member for Oxley on 16 August 2016.  Agreed that Council consult with other affected councils and submit a paper on the financial implications for the councils and options for a revised policy on Highway handovers.  In particular the Member for Oxley was interested in the proposition of IPART being asked to assess the appropriate handover package.

 

GM’s of Bellingen and Nambucca Shire Councils have now issued a joint letter to both the Member for Oxley and the RMS.

 

Representatives of Bellingen and Nambucca Councils have met with the CEO of the RMS to discuss the issue.  Amongst other matters, the RMS is to investigate a whole of government response to the impact on councils Fit for the Future performance ratio that these asset handovers will generate.

 

Further meeting with the CEO of the RMS scheduled for 27 February 2017. Will also be making representations to the new Minister for Roads.

 

 

AUGUST 2015

 

5

SF674

13/08/15

Council write to the appropriate Minister drawing attention to the history of the matter (negotiations to extend Council’s Waste Depot) and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.

AGMES

Letter to be drafted to appropriate Minister.

Letter sent week ending 30 September 2015.

Nil response from the Minister to date, another letter sent 3 December 2015.

Response received from Minister and report to a meeting in March 2016.

 

Minister referred staff to Forests and a meeting is being organised with Forests NSW in 2016 for further discussion with a report to be presented to Council afterwards.

 

 

OCTOBER 2015

 

6

SF1855

26/11/15

That Council receive a report regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.

 

GM

Report late 2017

 

APRIL 2016

 

7

SF1540

14/4/16

That Council apply to RMS through the Local Government Road Safety Program to have the speed limit from the railway bridge to the western side of Kuta Ave on Valla Beach Road reduced to 40kph.

 

AGMES

Letter sent

 

Response from RMS is forthcoming. Councils Manager Technical Services was verbally advised by the RMS that the section does not warrant a reduction in the speed limit to 40km/h and that RMS will be proposing traffic management solutions which are eligible for a 50:50 grant.

 

Still no response to date, MTS to send another letter

 

 

JULY 2016

 

8

LF968

14/7/16

Council note the inspection of drainage issues at Bangalow Drive, Nambucca Heads and that the drainage plans be discussed with the residents following which there be a further report to Council for its consideration.

 

AGMES

Letter sent to residents thanking them for the meeting and providing them with the three design options and their cost.

 

AUGUST 2016

 

9

SF325

25/8/16

That in consultation with the (Gordon Park) Tennis Committee of Management, Council staff investigate the option for not including the new Club house on Council’s asset register.

 

AGMCS

To be discussed with Auditors.

 

10

SF1541

29/9/16

Council staff report the intended exempt development controls to be implemented into Schedule 2 of the NLEP 2010 to Council for R5 zoned land only.

 

GM

Report in October 2016.

Deferred to November 2016.

Discussed with Manager Development & Environment and due workload proposed to report early in the new year.

Will be reported to Council in late February or early March.

 

OCTOBER 2016

 

11

SF2251

13/10/16

That the Visitor Information Centre Leasing be deferred to a Council meeting in March 2017

 

GM

Report in March 2017

 

12

SF842

13/10/16

MBD provide Council with an information session on approaches to economic development prior to the establishment of a Business Advisory Committee.

GM

Briefing provided on 24 November 2016.   The Council has resolved to have a tour of the Shire’s industrial estates.  There will be a report to a meeting in February 2017 to finalise the composition of a Business Advisory Committee.

 

13

SF2230

13/10/16

There be a report to Council on options for Council’s investments.

 

AGMCS

February 2017

 

14

SF873

27/10/16

Council consider the option of avoiding all investment products offer by the Commonwealth Bank unless it reverses its decision to close the Macksville Branch.

 

AGMCS

Report in February 2017 in association with the previous report.

 

15

SF2183

27/10/16

Staff report on the library service status and progress as a stand-alone service, including existing infrastructure & future infrastructure needs.  Ideas be sought on the formulation of a Library Strategic Plan.  Views of appropriate staff be sought on formation of a Library Committee.

 

GM

Report January 2017.  Have followed up with staff and a report will be forthcoming in February 2017.

 

16

 

27/1016

GM provide options to Council regarding parameters for public forums.

 

GM

Report December 2016.  Delayed due to other priorities.  Will report in February 2017.

 

NOVEMBER 2016

 

17

RF275

10/11/16

Member for Oxley be requested to advise what funding assistance the State can provide to the proposed Bowralea dairy underpass on Bellingen Road.

 

GM

Letter written w/e 18/11/2016

 

18

PRF14

10/11/16

A decision on the future of Brook Park be deferred until the end of January 2017 and in the interim the use of the park be monitored.

 

GM

Report February 2017.

 

DECEMBER 2016

 

19

Various

15/12/16

Public forums at Utungun

Nicole Murphy

Speed limits

Maras Creek Rd intersection

Culvert in front of hall

Elaine South

Dust and condition of Congarinni Road South

Elaine Ward

Condition of Wards Lane, overhanging trees, intersection with Taylors Arm Road et al

Marlene Hillard

Roots from rubber trees opposite 40 Bellevue Drive

Marcel De Koning

Cost of beach permits

Ange Myer

Speed limit on Northbank Rd

Paul Schadel

Maras Creek Rd intersection

Michael Griffiths

Damage caused by World Rally

Garry Lee

Condition of Maras Creek Road, intersection, overhanging vegetation.

 

 

Report outcome to February 2017.

 

20

SF1540

15/12/16

Council enquire with the RMS as to what action is being taken in relation to noise complaints from Valla and Valla Beach residents and secondly whether or not the RMS is reviewing proposed noise mitigation on the WC2NH section of highway.

 

GM

Letter sent to RMS on 20/12/2016

 

21

SF988

15/12/16

Council request the MNCLHD and Dept of Health to investigate the cost/benefit of establishing the Macksville hospital on a new site, including the option of RMS owned land at North Macksville.  Further that Council request the MNCLHD and Dept of Health to consult with the public in relation to this.

 

GM

Letter sent to MNCLHD on 20/12/2016.  Announcement on 8 January 2016 that hospital would be constructed on Pacifico site.  GM & Managers met with Health Infrastructure to discuss constraints and opportunities of the “greenfield” site on 16 January.  Report in this business paper.

 

22

LF1547

15/12/16

That Council receive a brief report as to whether there has been any investigation as to the potential for the land (Gumma Swamp) being dedicated to interested environmental groups such as Wetland Care Australia before reconsidering the (dedication) proposal.

 

GM

Awaiting response from the Nature Conservation Council.  Report to Council in February or March 2017.

 

23

SF2172

15/12/16

That Council’s engineering staff investigate appropriate locations for dump points for RV’s at Macksville, Nambucca Heads and Bowraville and provide a report back to the Access Committee.

 

AGMES

Report back to Access Committee in February 2017.

 

24

SF842

15/12/16

Council invite Bellingen Shire Council to be part of this (Clean Energy) Committee in order to take advantage of potential resource sharing on future projects, and further if the response is positive, Council forward a copy of the draft terms of reference for consideration.

 

GM

Letter sent to Bellingen Shire Council w/e 6/1/2017

 

25

SF2195

15/12/16

That a report be submitted to a future Council advising of the outcome of negotiations in relation to the damages claim of $156,242 for the World Rally event.

AGMES

Report by March 2017.

 

Invoice and supporting documentation was sent to Rally Australia prior to 23 December 2016.

 

JANUARY 2017

 

26

PRF19

12/01/17

Response from Illawong Village re trusteeship of Crown land at McMorrine Park.

GM

Letter sent 18 January 2017.

 

27

SF2208

12/01/17

Council engage a qualified person to undertake an assessment of flora and fauna on Lot 701 Boronia Street, Nambucca Heads to determine impact  of required APZ’s..

GM

Report May 2017

 

28

SF1134

12/01/17

There be a further report to Council when there has been some substantive progress in the matter (council land behind NEOC) or in 6 months’ time, whichever occurs first.

GM

Report July 2017

 

29

SF1635

12/01/17

Following referral to the Consultative Committee recommendations to make offers of voluntary redundancy be reported to Council as a variation to the organisation structure.

GM

Report in March 2017

 

30

SF2080

12/01/17

A new report be submitted to a future Council meeting, once a final figure for the maintenance diary (highway handover) has been determined.

AGMES

Dependent on RMS.  Report by July 2017.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                9 February 2017

General Manager

ITEM 9.2      RF391              090217         Replacement of Browns Bridge, Sadlers Lane, Taylors Arm

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council received a report on the replacement of Brown’s Bridge at the end of Sadlers Lane, Taylors Arm at its meeting held on 15 December 2016 and resolved the following;

 

“That Council take no action in regard to replacing Brown’s Bridge and that Council investigate the possibility of providing a causeway instead of a bridge.”

 

A basic costing and assessment has been undertaken by engineering staff for the construction of a 3m wide x 16m length concrete causeway including appropriate box culverts for fish passage. The estimate is $427,014.00 and is based on first principles, unit rates and a number of assumptions have been made as further detailed geotechnical investigation would be required within the stream bed to facilitate the design for the base of the river bed for the culverts and causeway.

 

In summary, the concept of a concrete causeway is more expensive than a replacement single lane concrete bridge and most probably would not receive approval from Fisheries.

 

 

Recommendation:

 

That Council replace Brown’s Bridge as per Council’s Bridge Replacement Program, utilising the $25,000 offered by the property owner to improve the bridge approaches and adjust the Council budget accordingly.

 

 

OPTIONS:

 

A range of potential options were reported to Council in previous reports being:

 

1        Council replaces the bridge (do nothing/status quo).  This effectively accepts the existing service level as a “community service obligation”.

2        Council accepts the $25,000 capital contribution towards the replacement of the bridge from the benefitting property owner or in the alternative the Council constructs the bridge without the capital contribution but the benefitting property owner agrees to accept on-going responsibility.

3        The Council advises the benefitting property owner that it no longer wishes to have responsibility for the bridge and negotiates a cash settlement with the property owner for them to take responsibility for the replacement of the bridge and its on-going maintenance.

4        The Council advises the benefitting property owner that it cannot afford to replace the bridge and that the property owner make arrangements for its repair, maintenance and replacement.

 

 

DISCUSSION:

 

This report was deferred from Council’s meeting on 12 January 2017 to provide the opportunity for the property owner who uses Brown’s Bridge to address Council on the matter.

 

Council’s bridge replacement program for 2016/2017 included the replacement of Brown’s Bridge at the end of Sadlers Lane, Taylors Arm.  The existing single lane timber bridge is at the end of its life and is in a poor state of repair.  Also the approach to the bridge from the northern bank is severely eroded and is in poor condition. The Council considered this matter at its meeting on 15 December 2016 and resolved as follows:

 

“That Council take no action in regard to replacing Brown’s Bridge and that Council investigate the possibility of providing a causeway instead of a bridge.”

 

Cost of causeway construction; A basic assessment and costing for a 3m wide concrete causeway has been undertaken by engineering staff noting that the estimate is based on first principles, unit rates and a number of assumptions have been made as further detailed geotechnical investigation is required to design the base of the causeway and culverts for fish passage within the river bed to quantify the final design and estimate. An alternate source (a Council contract engineer) checked the estimate with a similar outcome for the cost.

 

 

Comment from Senior Fisheries Manager - Aquatic Ecosystems (North Coast); Council staff contacted Mr Patrick Dwyer Senior Fisheries Manager - Aquatic Ecosystems (North Coast), and provided him with a brief description over the telephone on the proposed causeway.

 

Mr Dwyer indicated that even with large fish crossing culverts, it is a far better option to replace the bridge and advised that the department would be reluctant to agree to causeway when there is an existing bridge in place. He advised that with the limited information to hand (no design or site visit) he was only able to provide a general response that Fisheries would not support the causeway concept.

 

Time frame for construction; There is a significant time construction time frame between the construction of the bridge and causeway;

Causeway construction             estimated 12 weeks for completion

Bridge construction                    estimated 3.5 weeks for completion

 

Council’s bridge replacement program has listed the bridge replacement at $271,000 which was to replace a two span single lane timber bridge and concrete deck. To avoid the cost of replacing the bridge and the on-going risk of flood damage, staff investigated alternative solutions in providing access across adjoining properties to other roads.  However these alternatives were assessed as being more expensive than replacing the bridge.

 

An attempt has also been made to reduce this estimated cost by providing the replacement bridge slightly downstream of the existing bridge at a narrower crossing point requiring only a single span bridge. It is proposed to construct concrete abutments and prefabricated deck beams at a similar height to the existing bridge,

 

The revised estimated cost of this proposed structure including the road approaches is $200.000.00, and should Council consider utilising the $25,000 offered by the property owner to improve the access on the approaches to the bridge the revised Council expenditure would be $175,000.00.

 

CONSULTATION:

 

Structures Coordinator

Manager Infrastructure Services

Contract Engineer

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

It is often argued that Council’s most basic community service obligation is the provision of vehicle access to properties.  However with the foreshadowed hand over of 30km of the Pacific Highway to Council, it is flagged that Council will have to reduce service levels and/or increase rates to remain financially viable or “fit for the future”.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The risks mainly concern deterioration in Council’s financial sustainability.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The budgetary impacts are discussed in the report.

 

Source of fund and any variance to working funds

The recommendation has no impact on working funds.

 

Service level changes and resourcing/staff implications

The recommendation does not have any service level implications.

 

Attachments:

1

31404/2016 - Site Diagram - Browns Bridge

 

  


Ordinary Council Meeting - 9 February 2017

Replacement of Browns Bridge, Sadlers Lane, Taylors Arm

 


Ordinary Council Meeting                                                                                                9 February 2017

General Manager's Report

ITEM 9.3      SF617              090217         Single-Use Plastic Shopping Bags

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is unnecessary.

 

 

Recommendation:

 

1.       Council make representations to the Mid North Coast Regional Organisation of Councils (MIDROC) and/or the proposed North Coast Joint Organisation to lobby retailers and the NSW Government for legislation and other action to discourage single use plastic shopping bags.

 

2.       Council make representations to the Minister for the Environment and the Member for Oxley in relation to supporting legislation to discourage single use plastic shopping bags by for example only making them available for a minimum 10 cent payment.

 

 

OPTIONS:

 

Council can choose not to be involved in matter.  To some extent whether or not the Council has a position in the matter depends on the person’s view of the role of local government.

 

It can be argued that environmental regulation to minimise waste and encourage recycling is primarily a matter for the State Government and as such to ensure there is no misunderstanding of Council’s role and to avoid potential cost shifting, local government should not be involved in any aspect of the matter.

 

Alternatively, another view is that as per the provisions of the Integrated Planning and Reporting legislation, the Council has an important role in representing the broad range of the community’s interests whether or not they pertain to council functions.

 

Council could try and act alone by lobbying local retailers as per the Huskisson example.  However without any significant and demonstrable community backing and without any legislative force, Council is unlikely to have sufficient authority to achieve a change in behaviour.

 

DISCUSSION:

 

Council has received the following email and attached photograph from a local resident, Mr Richard Ennis, who is an avid campaigner for the beautification of the Nambucca Valley, particularly through initiatives to reduce litter and pollution and also through tree planting.

 

”Hi there!

 

No doubt you already know, but if not attached is a photograph providing the new ban at work in California.

 

Why not copy the Californian legislation and ban them in New South Wales too?  If you google into it you will see that the ban works with a minimum 10 cent payment for substitute bags to encourage reduce and reuse.

 

Let’s show we are fair dinkum about reducing litter and avoiding the looming plastic catastrophe in our environment.

 

California is setting the example to seriously challenge plastic bag litter.

 

Let’s do this at the same time as the 10 cent container deposit scheme starts on 1 July 2017.”

 

Mr Ennis submitted a photo showing the “ban” at work in California.  The photo is attached.

 

Mr Ennis also put this suggestion to the EPA Environment Line who responded as follows:

 

“Hi Richard

 

Thanks for the feedback.  The environmental impacts of plastic shopping bags are a significant concern for many people.  The NSW Government shares these concerns and recognise the growing evidence on the impacts that plastic shopping bags have on the environment.

 

There is information on the EPA’s website relating to plastic bags – see

 

http://www.epa.nsw.gov.au/waste/plastic-shopping-bags.htm

 

The web page was last updated in February 2016 and does not include the outcomes for the Ministerial Roundtable, co-hosted by Mark Speakman MP, NSW Minister for the Environment and Heritage, and Steven Miles MP Queensland Minister for the Environment and Heritage Protection which was scheduled for 29 February 2016.

 

If you wish to contact the Ministers Office please to https://www.nsw.gov.au/minstercontactform/minister-environment-minister-heritage

 

At the local level single-use plastic shopping bags have been successfully phased out in a number of areas – notably Huskisson on the NSW South Coast.  Perhaps you can start to lobby for the same in Nambucca Heads.

 

Regards

 

Environment Line”

 

The observations of Mr Ennis are agreed.

 

It would require a minor change to people’s habits to avoid “single-use” shopping bags and even if a shopper forgets or is unable to bring reusable bags the cost of purchasing bags is relatively minor.  As noted by Mr Ennis the NSW Government has scheduled the commencement of container deposit legislation from 1 July 2017.  The logistics arising out of this legislation are far more significant than the impact of any fee requirement for single use plastic bags.

 

CONSULTATION:

 

There has been no consultation in the preparation of this report.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The EPA paper which has a link in the discussion section of this report has extensive information about the effect of plastic shopping bags on the environment.  The paper identifies three major problems with the use of plastic bags as follows:

 

1.       Litter

          Contribution to litter and the resulting impact on society and on the environment.

 

2.       Consumption

          The unnecessary consumption of plastic bags and associated waste generation.

 

3        Recycling contamination

          Contamination of recycling streams and recyclable materials by plastic bags.

 

Australia wide, lightweight plastic shopping bags make up around 1.6% of litter based on the number of items.  It was estimated in 2002 that 50 to 80 million plastic bags were littered each year, and 10 to 20 million are collected through clean-up activities, with 40 to 60 million plastic bags permanently entering the environment each year.  As well plastic waste accounts for up to 80% of all litter found in marine habitats.

 

In relation to the use of plastic shopping bags the following general impacts need to be considered:

 

·      Any decrease in plastic shopping bag litter, disposal to landfill or contamination in recycling bins resulting from legislation would have financial and resource benefit to local government, and indirectly to State and Federal Government.

·      Any regulatory requirements would require compliance and enforcement agencies such as local councils and the relevant State authorities to ensure responsible parties are fulfilling their requirements.

·      Government would also require resources to develop legislation, associated education and behaviour change campaigns.  Government would also initially and continually have to demonstrate the effectiveness of any legislation scheme.

·      Any restriction on availability of plastic shopping bags or requirements to label plastic shopping bags may lead to:

Financial impact on retailers, who may pass on costs to consumers

Disproportionate impacts on small and medium sized retailers

Reduced convenience and choice for consumers

Disproportionate impacts on a household’s primary shopper (generally women), elderly and mobility impaired individuals

Increased purchase of bin liners

Associated demand on resources and infrastructure to manufacture alternative carrying bags

·      Any change to kerbside recycling or bin infrastructure would require introducing new infrastructure and associated education and behaviour change campaigns.

 

Social

 

The social implications are unknown.  The implementation of the initiative does require a relatively minor change to people’s habits.  The Aldi supermarket chain does not supply “free” single use plastic shopping bags.  If the growth of that chain is any indicator, then peoples’ habits will adjust where they identify a financial and/or environmental benefit to a legislative initiative.

 

Economic

 

It is important that any option adopted accurately defines which shopping bags are included and which retailers are affected by the proposed action, to ensure unintended loopholes, perverse outcomes or environmental impacts do not arise.  An assessment of consumer needs and alternative options is also required to ensure an effective option is chosen.  As with all regulatory decisions, choosing an action depends on which objective or problem we are seeking to address.

 

Risk

 

The recommendation has no identified risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

1

672/2017 - Bagless California PDF

 

  


Ordinary Council Meeting - 9 February 2017

Single-Use Plastic Shopping Bags

 


Ordinary Council Meeting                                                                                                9 February 2017

General Manager's Report

ITEM 9.4      SF2173            090217         2016 December - Development and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

“That Council endorse the method of reporting Construction and Complying Development Certificates as presented to the 16 January 2014 meeting and further that the General Manager investigate the possibility of reporting Development Applications lodged in previous month.”

 

Below is a list of Development Applications and Complying Development Applications received in December 2016 as at 10 January 2017.

 

Recommendation:

 

That the Development Applications and Complying Development Applications received in December 2016 be received for information.

 

Attachments:

1

778/2017 - 2016  December - Development Applications and Complying Development Applications Received

 

  


Ordinary Council Meeting - 9 February 2017

2016 December - Development and Complying Development Applications Received

 


 


Ordinary Council Meeting                                                                                                9 February 2017

General Manager's Report

ITEM 9.5      SF2173            090217         2016 December - Approved Construction and Complying Development Certificates

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

 Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of December 2016 as at 10 January 2017.

 

 

Recommendation:

 

That the Construction and Complying Development Certificates approved for December 2016 be noted and received for information by Council.

 

 

Attachments:

1

773/2017 - 2016 December - Construction Certificates and Complying Development Applications Approved

 

  


Ordinary Council Meeting - 9 February 2017

2016 December - Approved Construction and Complying Development Certificates

 


 


 


Ordinary Council Meeting                                                                                                9 February 2017

General Manager's Report

ITEM 9.6      SF1148            090217         Council Ranger's Report December 2016

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

The following is the Council’s Ranger’s report regarding Council’s Companion Animal Activities and listing of penalty notices issued by Council’s Rangers for December 2016.

 

 

Recommendation:

 

That Council’s Ranger’s report for December 2016 be received and noted by Council.

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

Seized (doesn’t include those animals dumped or surrendered)

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

Animals In Council's Facility - (Start of Month)

0

8

Abandoned or Stray

1

8

Surrendered

0

4

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

1

20

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

5

Sold

0

2

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

2

Dangerous Dogs

 

3

Owner’s Request

0

1

Due to Illness, Disease or Injury

0

0

Feral/infant animal

1

0

Unsuitable for rehoming

0

3

Unable to be rehomed

0

0

Total Euthanased

1

9

Total Outgoing Animals

1

16

TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)

0

4

 

Cattle

Breakdown

Total

Seized

0

0

Returned to Owner

0

0

Impounded

               0

0

Total Seized

0

0

 

 

December 2016

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

BCE-83E

3149092000

No angle park as on parking control sign

108.00

13/12/2016

BT-43-NE

3149092019

No angle park as on parking control sign

108.00

13/12/2016

CD-83-UJ

3149092028

No angle park as on parking control sign

108.00

13/12/2016

452-RZF

3149092037

Not park in direction of travel

180.00

13/12/2016

BJ-94-XA

3149092046

No Parking

108.00

13/12/2016

YZD-377

3149092055

No angle park as on parking control sign

108.00

13/12/2016

LSM-981

3149092064

No angle park as on parking control sign

108.00

13/12/2016

UGM-895

3149092073

Loading Zone

180.00

13/12/2016

CI-93-AV

3149092082

Not park in direction of travel

180.00

13/12/2016

835-SOY

3149092091

No angle park as on parking control sign

108.00

13/12/2016

AW-57-QU

3149092100

Bus Zone

253.00

13/12/2016

BJ-94-XA

3149092110

Not park in direction of travel

180.00

13/12/2016

BT-36-VS

3149092129

Loading Zone

180.00

13/12/2016

AK-13-SC

3149092138

Not park in direction of travel

180.00

13/12/2016

BSF-70N

3149092147

No angle park as on parking control sign

108.00

13/12/2016

CE-66-WP

3149092165

No angle park as on parking control sign

108.00

13/12/2016

YHQ-862

3149092174

No Parking

108.00

13/12/2016

AU-66-EH

3149092183

Park longer than permitted

108.00

13/12/2016

DBG-40X

3149092192

Bus Zone (school zone)

180.00

13/12/2016

BEN-392

3149092201

No Stopping

253.00

13/12/2016

BX-19-ZZ

3149092210

No Parking

108.00

13/12/2016

CTW-54N

3149090991

Stop in Taxi Zone

180.00

20/12/2016

BZ-88-QI

3149305500

Bus Zone (school zone)

325.00

20/12/2016

CPS-25W

3149092220

No angle park as on parking control sign

108.00

20/12/2016

VSX-080

3149092239

Loading Zone

180.00

20/12/2016

BGT-47D

3149092248

No angle park as on parking control sign

108.00

20/12/2016

WKNDOG

3149092257

No angle park as on parking control sign

108.00

20/12/2016

GMS-811

3149092266

No angle park as on parking control sign

108.00

20/12/2016

ANP-03Q

3149092275

No angle park as on parking control sign

108.00

20/12/2016

543-WQO

3149092284

No Stopping

253.00

20/12/2016

638-VDG

3149092293

No Parking

108.00

20/12/2016

SGK-040

3149092302

Loading Zone

180.00

20/12/2016

AZ-92-HK

3149092311

Loading Zone

180.00

20/12/2016

BE-42-XA

3149092320

No Parking

108.00

20/12/2016

WQX-857

3149092330

Loading Zone

180.00

20/12/2016

December 2016 (cont.)

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

119-WIY

3149092349

No Parking

108.00

20/12/2016

BY-85-QF

3149092358

Stop in Taxi Zone

180.00

20/12/2016

YQH-522

3149092367

Stop in Taxi Zone

180.00

20/12/2016

AF-21-WI

3149092376

Not park in direction of travel

180.00

20/12/2016

AV-89-KN

3149092385

Not park in direction of travel

180.00

20/12/2016

XVE-111

3149092394

Not park in direction of travel

180.00

20/12/2016

 

 

TOTAL:

6809.00

 

 

December 2016

COMPANION ANIMALS & OTHER

CHIP NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

N/A

3149090900

Not Identify Companion Animal

$165.00

30/11/2016

N/A

3149090890

Not comply notice to register Companion Animal

$275.00

30/11/2016

N/A

3149090955

Not comply Identify Companion Animal

$165.00

8/12/2016

N/A

3149090964

Not comply notice to register Companion Animal

$275.00

8/12/2016

N/A

3149090946

Not comply notice to register Companion Animal

$275.00

8/12/2016

N/A

3149090937

Not comply Identify Companion Animal

$165.00

8/12/2016

N/A

3149090919

Not comply Identify Companion Animal

$165.00

8/12/2016

N/A

3149090928

Not comply notice to register Companion Animal

$275.00

8/12/2016

 

 

TOTAL:

$1,760.00

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                9 February 2017

General Manager's Report

ITEM 9.7      SF2143            090217         Asbestos Policy

 

AUTHOR/ENQUIRIES:    Ken Fowler, Safety and Risk Officer; Joanne Hudson, Manager Human Resources         

 

Summary:

 

Asbestos is one of the most dangerous materials widely found in our surroundings – particularly in homes – and Australia has one of the highest incidences of asbestos-related diseases in the world.

 

Council has an important dual role in minimising exposure to asbestos, as far as is reasonably practicable, for both:

 

·     residents and the public within the Local Government Area (LGA)

·     workers (employees and other persons) in council workplaces.

 

Council’s legislative functions for minimising the risks from asbestos apply in various scenarios including:

 

·     as a responsible employer

·     contaminated land management

·     council land, building and asset management

·     emergency response

·     land use planning (including development approvals and demolition)

·     management of naturally occurring asbestos

·     regulation of activities (non-work sites)

·     waste management and regulation.

 

To assist councils meet their obligations, Local Government NSW (LGNSW) in partnership with the Heads of Asbestos Coordination Authorities (HACA), developed the Model Asbestos Policy. LGNSW encourage councils to use the revised Model Asbestos Policy (2015) as the basis for their asbestos policy.

 

 

Recommendation:

 

That the Asbestos Policy, based on the Model Asbestos Policy for NSW Councils, be adopted.

 

 

OPTIONS:

 

1.   Adopt the Policy which is based upon the Model Asbestos Policy for NSW Councils developed by the Heads of Asbestos Coordination Authorities to promote a consistent Local Government approach to asbestos management across NSW.

 

2.   Develop another policy: not recommended as this would be time consuming and there is a risk that it would not be up to the same standard as the model policy.

 

 

DISCUSSION:

 

Asbestos is one of the most dangerous materials widely found in our surroundings – particularly in homes – and Australia has one of the highest incidences of asbestos-related diseases in the world.

 

In Australia, asbestos was gradually phased out of building materials in the 1980s and the supply and installation of asbestos containing goods has been prohibited since 31 December 2003. Yet asbestos legacy materials still exist in many homes, buildings and other assets and infrastructure. It is estimated that one in three Australian homes contains asbestos.

The Nambucca Shire contains a large number of homes that contain asbestos containing material. Typically this is sheet material, electrical circuit boards and plumbing.

 

The Shire also has a deposit of Naturally Occurring Asbestos (NOA), located near Bull Creek within the Thumb Creek area. There is a reef of host rock stretching from the Burrapine area in a North Westerly direction towards Bellingen Shire. The area is mainly state forest and National Park, however small deposits of Tremolite may be found anywhere along this reef.

 

Council has an important dual role in minimising exposure to asbestos, as far as is reasonably practicable, for both:

 

·     residents and the public within the Local Government Area (LGA)

·     workers (employees and other persons) in council workplaces.

 

Council’s legislative functions for minimising the risks from asbestos apply in various scenarios including:

 

·     as a responsible employer

·     contaminated land management

·     council land, building and asset management

·     emergency response

·     land use planning (including development approvals and demolition)

·     management of naturally occurring asbestos

·     regulation of activities (non-work sites)

·     waste management and regulation.

 

In 2012, LGNSW, in partnership with HACA, developed a Model Asbestos Policy which:

 

·      Can be used as the basis for councils’ own asbestos policies

·      Outlines councils’ important legislative obligations

·      Was developed with input from council representatives

·      Was issued to all councils by the Office of Local Government under section 23A of the Local Government Act 1993 in 2013.

 

In 2015, the Model Asbestos Policy was due for review and was revised by HACA to include:

 

·      New waste regulations

·      New information about naturally occurring asbestos

·      More information about loose fill asbestos insulation

·      Reference to the Demolition work code of practice 2015

·      Reference to the NSW Asbestos Emergency Plan (2014) and the Disaster Assistance Guidelines (2015).

 

LGNSW encourage councils to use the revised Model Asbestos Policy (2015) as the basis for their asbestos policy. The Model Policy has now been updated to include provisions relevant to Nambucca Shire Council and is presented for adoption by Council.

 

CONSULTATION:

 

Engineering staff

Development and Environment staff

Local Government NSW

Safework NSW

Work Health and Safety Committee

MANEX

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Removal of potentially lethal materials from the environment is one of the aims of the legislation and Policy.

 

Social

 

Council has an important role in minimising exposure to asbestos for residents and the public within the Shire.

 

Economic

 

One illegally dumped asbestos clean-up cost Council over $10,000. The fines for poor management of asbestos are significant. The threat of litigation is quite high considering the profile of asbestos in the community and the numbers of recent cases involving councils and road construction companies.

 

Risk

 

There are significant financial, legal and reputational risks for Council, if the asbestos issue is not managed.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Unknown

 

Source of fund and any variance to working funds

 

Unknown

 

Service level changes and resourcing/staff implications

 

Requirements to respond to incidents, staff training

 

 

Attachments:

1

34878/2016 - Model Asbestos Policy for NSW councils

 

  


Ordinary Council Meeting - 9 February 2017

Asbestos Policy

 

Office of Local Government

Model Asbestos Policy
for NSW Councils

November 2015


Ordinary Council Meeting - 9 February 2017

Asbestos Policy

 

ACCESS TO SERVICES

The Office of Local Government, Department of Planning and Environment is located at:

5 O’Keefe Avenue                                           Locked Bag 3015

NOWRA NSW 2541                                        NOWRA NSW 2541

Phone 02 4428 4100

Fax 02 4428 4199

TTY 02 4428 4209

Level 9, 6 – 10 O’Connell Street                      PO Box R1772

SYDNEY NSW 2000                                        ROYAL EXCHANGE NSW 1225

Phone 02 9289 4000

Fax 02 9289 4099

Email olg@olg.nsw.gov.au

Website www.olg.nsw.gov.au

OFFICE HOURS

Monday to Friday

8.30am to 5.00pm

(Special arrangements may be made if these hours are unsuitable)

All offices are wheelchair accessible.

ALTERNATIVE MEDIA PUBLICATIONS

Special arrangements can be made for our publications to be provided in large print or an alternative media format. If you need this service, please contact our Operations Group on 02 9289 4000.

DISCLAIMER

While every effort has been made to ensure the accuracy of the information in this publication, the Office of Local Government expressly disclaims any liability to any person in respect of anything done or not done as a result of the contents of the publication or the data provided.

© Office of Local Government, Department of Planning and Environment 2016

ISBN: 978-1-922001-43-6

 

www.olg.nsw.gov.au


Ordinary Council Meeting - 9 February 2017

Asbestos Policy

 

Model Asbestos Policy for NSW Councils

Foreword

Local Government plays a critical role in reducing the risks posed by asbestos. Councils work together with the State Government and wider public to address the unfortunate legacy of asbestos in building materials and land contaminated with asbestos, as well as addressing naturally occurring asbestos.

This Model Asbestos Policy 2015 is an updated version of the Model Asbestos Policy that was developed in 2012 to assist NSW councils to formulate an asbestos policy and to promote a consistent approach to asbestos management by Local Government across NSW. The Model Asbestos Policy is designed for councils to either adapt an existing asbestos policy or develop a new asbestos policy.

A Guide to developing an asbestos policy based on the Model Asbestos Policy has also been prepared to assist NSW councils. The Guide, Developing your council’s asbestos policy: A guide to the Model Asbestos Policy for NSW councils (catalogue no. WC03898) explains how councils may tailor certain sections of the Model Asbestos Policy to formulate their asbestos policy and provides a checklist. The Guide also offers background information and advice for councils.

The Model Asbestos Policy was developed by Local Government NSW on behalf of the Heads of Asbestos Coordination Authorities Working Group. The Heads of Asbestos Coordination Authorities Working Group comprises Local Government NSW and a number of State Government agencies that provided valuable input to this policy. A Local Government Reference Group and members of staff from councils across NSW also contributed useful advice regarding the Model Asbestos Policy.

Since it was first released, the Model Asbestos Policy has assisted NSW councils to prepare and adopt a sound asbestos policy to provide important information and guidance to council workers and local communities. The Model Asbestos Policy was issued to all councils in May 2013 by the Office of Local Government under section 23A of the Local Government Act 1993 (NSW) as a guideline that must be considered by councils in carrying out their functions, As such, councils must consider this updated version of the Model Asbestos Policy.

Peter Dunphy                                                                        Tim Hurst
Chair, Heads of Asbestos Coordination Authorities                 Acting Chief Executive
Executive Director                                                                 Office of Local Government
SafeWork NSW


Nambucca Shire Council

Asbestos Policy

2017


Administrative information

 

File number or Policy number

SF2143

Document status

Draft

Version number

1.0

Date last modified

Insert date/s

Created by

Safety and Risk Officer/Manager Human Resources

Date policy first adopted by council

9 February 2017

Effective date

9 February 2017

Review period

This policy will be reviewed at the time of any relevant legislative changes, or may be reviewed at a minimum, every three years.

Review date

February 2019

Responsibility for review

Safety and Risk Officer

Date presented to the Work Health and Safety Committee

19 October 2016

Document distribution

Internal / External

Document owner

Safety and Risk Officer

Contact person for further information

Waste Management

Simon Chapman

Civic Services Coordinator

Phone 6568 0244

 

Building Work (Private)

Anthony Brandie

Senior Health and Building Surveyor

Phone 6568 0240

 

Building Work (Council-owned buildings)

Ron Monk

Technical Officer Assets

Phone 6568 0235

 

Work Health and Safety

Ken Fowler

Safety and Risk Officer

Phone 6568 0266

 

 


 

Disclaimer

This policy was formulated to be consistent with council’s legislative obligations and within the scope of council’s powers. This policy should be read in conjunction with relevant legislation, guidelines and codes of practice. In the case of any discrepancies, the most recent legislation should prevail.

This policy is based upon the Model Asbestos Policy for NSW Councils developed by the Heads of Asbestos Coordination Authorities to promote a consistent Local Government approach to asbestos management across NSW.

This policy does not constitute legal advice. Legal advice should be sought in relation to particular circumstances and liability will not be accepted for losses incurred as a result of reliance on this policy.


Ordinary Council Meeting - 9 February 2017

Asbestos Policy

 

Contents

1.      Introduction   11

1.1      Purpose  11

1.2      Scope  12

2.      Definitions  12

3.      Roles and responsibilities of council 12

3.1      Educating residents  12

3.2      Managing land  12

3.3      Managing waste  13

3.4      Regulatory responsibilities  13

3.5      Responsibilities to workers  15

4.      Other stakeholders involved in managing asbestos  15

Part 1 – Asbestos in the Local Government Area: Information for the community  15

5.      Naturally occurring asbestos  15

5.1      Responsibilities for naturally occurring asbestos  16

5.2      Managing naturally occurring asbestos  16

5.2.1        Management of naturally occurring asbestos by council 16

6.      Contamination of land with asbestos  17

6.1      Responsibilities for contaminated land  17

6.2      Finding out if land is contaminated  17

6.3      Duty to report contaminated land  18

6.4      Derelict buildings  18

7.      Responding to emergencies and incidents  18

7.1      Responsibilities in the clean up after an emergency or incident 18

7.2      Advice to the public regarding clean up after an emergency or incident 19

8.      Council’s process for changing land use  19

9.      Council’s process for assessing development 20

9.1      Responsibilities for approving development 20

9.2      Providing advice to home owners, renovators and developers  20

9.3      Identifying asbestos  21

9.4      Removing asbestos, refurbishments and demolitions  21

9.4.1        Removing asbestos at domestic premises  21

9.4.2        Removing asbestos at workplaces  22

9.4.3        Obtaining approval for demolition  22

9.5      Exempt or complying development 22

9.5.1        Exempt development 22

9.5.2        Complying development 23

9.6      Development applications  23

9.6.1        Pre-development application advice regarding asbestos  23

9.6.2        Conditions of consent 23

9.7      Compliance and enforcement 24

9.7.1        Responsibilities for compliance and enforcement 24

9.7.2        Compliance strategies  24

10.   Managing asbestos as a waste  25

10.1   Responsibilities for asbestos waste management 25

10.2   Handling asbestos waste for disposal 25

10.3   Transporting asbestos waste  25

10.4   Disposing of asbestos waste at waste facilities  26

10.4.1      Situations in which asbestos waste may be rejected from waste facilities  26

10.5   Illegal dumping of asbestos waste  26

10.6   Asbestos remaining on-site  27

11.   Complaints and investigations  27

Part 2 – Management of asbestos risks within council 27

12.   Rights and responsibilities of workers at the council workplace  27

12.1   Duties of council workers at the council workplace  27

12.1.1      The General Manager 27

12.1.2      Workers  28

12.1.3      Prohibited work activities  28

12.2   Responsibilities of council to council workers  28

12.2.1      Council’s general responsibilities  28

12.2.2      Education, training and information for workers  29

12.2.3      Health monitoring for workers  29

13.   Identifying and recording asbestos hazards in the council workplace  29

13.1   Identifying asbestos  29

13.1.1      Material sampling  29

13.2   Indicating the presence and location of asbestos  30

13.3   Asbestos register 30

13.4   Suspected asbestos  30

14.   Managing asbestos-related risks in the council workplace  31

14.1   Asbestos management plan  31

14.2   Asbestos management plan for naturally occurring asbestos  31

14.3   Management options for asbestos-related risks in the council workplace  31

14.4   Sites contaminated with asbestos that are council workplaces  31

14.5   Demolition or refurbishment of council buildings and assets  31

14.6   Removal of asbestos in the council workplace  32

14.6.1      Removal by council employees  32

14.6.2      Removal by contractors  32

14.6.3      Clearance inspections and certificates  33

15.   Accidental disturbance of asbestos by workers  33

16.   Council’s role in the disposal of asbestos waste  34

16.1   Responding to illegal dumping  34

16.2   Transporting and disposing of asbestos waste  34

16.3   Operating council’s waste facility licensed to accept asbestos waste  34

16.3.1      Asbestos waste incorrectly presented to council’s waste facility  35

16.4   Recycling facilities  35

16.5   Re-excavation of landfill sites  36

17.   Advice to tenants and prospective buyers of council owned property  36

18.   Implementing council’s asbestos policy  36

18.1   Supporting documents  36

18.2   Communicating the policy  36

18.3   Non-compliance with this policy  37

19.   Variations to this policy  37

Appendices  38

Appendix A – General information and guidance  38

1.         What is asbestos?  38

2.         Where is asbestos found?  39

2.1            Naturally occurring asbestos  39

2.2            Residential premises  39

2.3            Commercial and industrial premises  40

2.4            Sites contaminated with asbestos  41

3.         Potentially hazardous activities  42

4.         Health hazards  43

Appendix B – Further information   44

Appendix C – Definitions  46

Appendix D – Acronyms  51

Appendix E – Relevant contacts  51

Appendix F – Waste management facilities that accept asbestos wastes  54

Appendix G – Asbestos-related legislation, policies and standards  55

Appendix H – Agencies roles and responsibilities  56

Appendix I – Scenarios illustrating which agencies lead a response in NSW    60

Appendix J – Asbestos containing materials  64

Appendix K – Asbestos licences  69

Appendix L – Map   70

 

 


Ordinary Council Meeting - 9 February 2017

Asbestos Policy

 

1.      Introduction

Nambucca Shire Council acknowledges the serious health hazard of exposure to asbestos.

In Australia, asbestos was gradually phased out of building materials in the 1980s and the supply and installation of asbestos containing goods has been prohibited since 31 December 2003. Yet asbestos legacy materials still exist in many homes, buildings and other assets and infrastructure. It is estimated that one in three Australian homes contains asbestos.

The Nambucca Shire contains a large number of homes that contain asbestos containing material. Typically this is sheet material, electrical circuit boards and plumbing.

Also the Shire has a deposit of Naturally Occurring Asbestos (NOA), located near Bull Creek within the Thumb Creek area. There is a reef of host rock stretching from the Burrapine area in a North Westerly direction towards Bellingen Shire. The area is mainly state forest and National Park, however small deposits of Tremolite may be found anywhere along this reef.

Where material containing asbestos is in a non-friable form (that is, cannot be crushed by hand into a powder), undisturbed and painted or otherwise sealed, it may remain safely in place. However, where asbestos containing material is broken, damaged, disturbed or mishandled, fibres can become loose and airborne posing a risk to health. Breathing in dust containing asbestos fibres can cause asbestosis, lung cancer and mesothelioma.

It is often difficult to identify the presence of asbestos by sight. Where a material cannot be identified or is suspected to be asbestos, it is best to assume that the material is asbestos and take appropriate precautions. Further information about asbestos and the health impacts of asbestos can be found in Appendix A and website links to additional information are provided in Appendix B.

Council has an important dual role in minimising exposure to asbestos, as far as is reasonably practicable, for both:

·     residents and the public within the Local Government Area (LGA)

·     workers (employees and other persons) in council workplaces.

Council’s legislative functions for minimising the risks from asbestos apply in various scenarios including:

·     as a responsible employer

·     contaminated land management

·     council land, building and asset management

·     emergency response

·     land use planning (including development approvals and demolition)

·     management of naturally occurring asbestos

·     regulation of activities (non-work sites)

·     waste management and regulation.

1.1      Purpose

This policy aims to outline:

·     the role of council and other organisations in managing asbestos

·     council’s relevant regulatory powers

·     council’s approach to dealing with naturally occurring asbestos, sites contaminated by asbestos and emergencies or incidents

·     general advice for residents on renovating homes that may contain asbestos

·     council’s development approval process for developments that may involve asbestos and conditions of consent

·     waste management and regulation procedures for asbestos waste in the LGA

·     council’s approach to managing asbestos containing materials in council workplaces

·     Sources of further information.

1.2      Scope

This policy applies to all of the Nambucca LGA within council’s jurisdiction.

The policy provides information for council workers, the local community and wider public. Part 1 of the policy includes the sections that are likely to be of most interest to the local community and wider public. Part 2 is information that applies to workers associated with council including employees, contractors, consultants, and volunteers (as defined by the NSW Work Health and Safety Regulation 2011). Definitions for key terms used in the policy are provided in Appendix C and acronyms are listed in Appendix D.

The policy applies to friable, non-friable (bonded) and naturally occurring asbestos (where applicable) within the LGA.

The policy outlines council’s commitment and responsibilities in relation to safely managing asbestos and contains general advice. For specific advice, individuals are encouraged to contact council or the appropriate organisation (contact details are listed in Appendix E).

The policy does not provide detail on specific procedures. Practical guidance on how to manage risks associated with asbestos and asbestos containing material can be found in the:

·     Code of practice on how to manage and control asbestos in the workplace (catalogue no. WC03560) published by SafeWork NSW.

·     Code of practice on how to safely remove asbestos (catalogue no. WC03561) published by SafeWork NSW.

·     Additional guidance material listed in Appendix B.

·     Detailed information on council’s procedures and plans may be found in other documents, which are referenced in part 2 under section 18.1.

2.      Definitions

Definitions are provided in Appendix C.

3.      Roles and responsibilities of council

3.1      Educating residents

Council shall assist residents to access appropriate information and advice on the:

·     prohibition on the use and re-use of asbestos containing materials

·     requirements in relation to development, land management and waste management

·     risks of exposure to asbestos

·     safe management of asbestos containing materials

·     Safe removal and disposal of minor quantities of asbestos containing materials.

Educational information and website links for educational materials can be found in Appendices A and B.

3.2      Managing land

Council is responsible for managing public land. This may include land with naturally occurring asbestos as described in section 5 and land contaminated with asbestos as outlined in section 6.

3.3      Managing waste

Where council is the appropriate regulatory authority, council is responsible for:

·     Issuing clean up notices to address illegal storage or disposal of asbestos waste or after an emergency or incident (under the Protection of the Environment Operations Act 1997).

·     Issuing prevention or clean up notices where asbestos waste has been handled (including stored, transported or disposed of) in an unsatisfactory manner (under the Protection of the Environment Operations Act 1997).

·     Issuing penalty infringement notices for improper transport of asbestos (under the Protection of the Environment Operations Act 1997).

·     Applying planning controls to proposals to dispose of asbestos waste on-site, seeking advice from the Environment Protection Authority (EPA) on this matter and making notation on planning certificates (section 149 certificates) where on-site disposal is permitted.

·     Operating a licensed landfill facility that accepts asbestos waste.

Waste facilities that are licensed to accept asbestos waste are listed in Appendix F.

3.4      Regulatory responsibilities

Council has regulatory responsibilities under the following legislation, policies and standards in situations where council is the appropriate regulatory authority or planning authority:

·     Contaminated Land Management Act 1997 (NSW)

·     Environmental Planning and Assessment Act 1979 (NSW)

·     Environmental Planning and Assessment Regulation 2000 (NSW)

·     Local Government Act 1993 (NSW)

·     Protection of the Environment Operations Act 1997 (NSW)

·     Protection of the Environment Operations (General) Regulation 2009 (NSW)

·     Protection of the Environment Operations (Waste) Regulation 2014 (NSW)

·     State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

·     State Environmental Planning Policy No. 55 – Remediation of Land

·     Demolition work code of practice 2015 (catalogue no. WC03841).

Additional legislation, policies and standards relating to the safe management of asbestos are listed in Appendix G.

The situations in which council has a regulatory role in the safe management of asbestos are listed in Table 1.

Table 1: Situations in which council has a regulatory role in managing asbestos

Issue

Council’s role

Section of policy

Contaminated land

·    Record known asbestos site contamination on section 149 certificates where practicable and for council workplaces, record on council’s asbestos register.

·    Notify stakeholders of land use planning policy requirements relating to contamination.

·    Manage residential asbestos contaminated land that is not declared ‘significantly contaminated’ under the Contaminated Land Management Act 1997 (excluding oversight of removal or remediation work which is the role of SafeWork NSW).

Section 6

Development assessment

·    Assess development applications for approval under the Environmental Planning and Assessment Act 1979.

·    Set conditions of consent for renovations, alterations, additions, demolitions or other developments requiring consent and which may involve disturbance of asbestos containing materials.

·    Ensure compliance with development conditions.

·    Apply conditions relating to development involving friable and non-friable asbestos material under the relevant legislation and planning codes and as outlined in section 9.

Section 9

Demolition

·    Approve demolition under the Environmental Planning and Assessment Act 1979.

·    Council certifiers approve development as complying development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Section 9

Emergencies and incidents

·    Regulate the clean-up of asbestos waste following emergencies where sites are handed over to the council or a local resident by an emergency service organisation (excluding oversight of licensed removal or remediation work which is the role of SafeWork NSW). Council may consider the need to issue a clean-up notice, prevention notice or cost compliance notice under the Protection of the Environment Operations Act 1997.

Section 7

Naturally occurring asbestos

·    Verify compliance with environmental planning and assessment legislation for development applications that could disturb naturally occurring asbestos.

·    Prepare an asbestos management plan for council workplaces or road works which occur on land containing naturally occurring asbestos.

Section 5

Residential premises

·    Respond to any public health risks (risks to council workers and wider public) relating to the removal of asbestos containing materials or asbestos work at residential properties that does not involve a business or undertaking.

·    Respond to complaints about unsafe work at a residential property that is undertaken by a resident (not a worker, which is the role of SafeWork NSW).

·    Respond to public health risks posed by derelict properties or asbestos materials in residential settings.

Section 9

Waste

·    Manage waste facilities in accordance with environmental protection legislation.

·    Respond to illegal storage, illegal dumping and orphan waste.

·    Regulate non-complying transport of asbestos containing materials.

Section 10

 


3.5      Responsibilities to workers

Council is committed to fulfilling its responsibilities to workers under the NSW Work Health and Safety Act 2011 and NSW Work Health and Safety Regulation 2011 and maintaining a safe work environment through council’s:

·     general responsibilities

·     education, training and information for workers

·     health monitoring for workers

·     procedures for identifying and managing asbestos containing materials in council premises.

These responsibilities are outlined in part 2.

4.      Other stakeholders involved in managing asbestos

Council is committed to working collaboratively with other government agencies and where appropriate, other stakeholders as needed to respond to asbestos issues.

Appendix E notes useful contacts and Appendix H notes agencies involved in managing asbestos. Various asbestos scenarios requiring stakeholders to work together are outlined in Appendix I.

Part 1 – Asbestos in the Local Government Area: Information for the community

5.      Naturally occurring asbestos

Asbestos is found as a naturally occurring mineral in the following locations in the LGA:

·      Thumb Creek

and may occur elsewhere in the LGA.

There is the potential for asbestos to be found as a naturally occurring mineral in the following locations in the LGA:

·      Burrapine

·      Thumb Creek

·      Killiekrankie

·      Brinerville

and may occur elsewhere in the LGA.

Naturally occurring asbestos only poses a health risk when elevated levels of fibres are released into the air, either by human activities or by natural weathering and these fibres are breathed in by people. Information on naturally occurring asbestos, work processes that have the potential to release naturally occurring asbestos fibres into the air and known locations of naturally occurring asbestos in NSW is provided in Appendix A under section 2.1. This information is indicative, and not a complete picture of all naturally occurring asbestos in NSW.

 

 

5.1      Responsibilities for naturally occurring asbestos

For naturally occurring asbestos that will remain undisturbed by any work practice, council is the lead regulator.

Where development applications propose activities that may disturb areas of naturally occurring asbestos (such as excavation), any consent or approval should contain conditions requiring: testing to determine if asbestos is present, and the development of an asbestos management plan if the testing reveals naturally occurring asbestos is present. Council will verify compliance with environmental planning and assessment legislation and together with the EPA and SafeWork NSW will coordinate enforcement where non-compliance is suspected.

Where naturally occurring asbestos will be disturbed due to a work process, including roadwork, excavation and remediation work, SafeWork NSW is the lead regulator. Requirements for workplaces are summarised in the Naturally-occurring asbestos fact sheet (catalogue no. WC03728) published by SafeWork NSW. Where naturally occurring asbestos is part of a mineral extraction process, the NSW Department of Industry is the lead regulator.

5.2      Managing naturally occurring asbestos

Where naturally occurring asbestos is encountered or suspected, the risk from disturbance of the naturally occurring asbestos should be assessed by an occupational hygienist.

The management of naturally occurring asbestos that stays in its natural state is not prohibited if managed in accordance with an asbestos management plan. Requirements for risk management, asbestos management plans and provisions for workers are outlined in the Naturally-occurring asbestos fact sheet (catalogue no. WC03728) published by SafeWork NSW. The SafeWork NSW website provides further information on naturally occurring asbestos and supporting documents on what people can do to avoid contact with naturally occurring asbestos.

5.2.1    Management of naturally occurring asbestos by council

Council will aim to prevent the exposure of workers and the public to any naturally occurring asbestos that is known or discovered in the council workplace.

Council will develop an asbestos management plan for the naturally occurring asbestos in the council workplace.

6.      Contamination of land with asbestos

Background information on contamination of land with asbestos and potential disturbance of asbestos contaminated sites can be found in Appendix A under sections 2 and 3. The nature of asbestos contamination of land can vary significantly and there can be a number of different mechanisms available to address this contamination depending upon its source and extent.

6.1      Responsibilities for contaminated land

Responsibility for cleaning up contaminated land lies with the person responsible for contaminating the land or the relevant landowner.

Council may issue a clean-up notice to the occupier of premises at or from which council reasonably suspects that a pollution incident has occurred, or is occurring, requiring asbestos waste to be removed (under part 4.2 of the Protection of the Environment Operations Act 1997).

Council may also issue prevention notices (under part 4.3 of the Protection of the Environment Operations Act 1997) to ensure good environmental practice. If a person does not comply with a prevention notice given to the person, council employees, agents or contractors may take action to cause compliance with the notice.

Any reasonable costs incurred by council in monitoring or enforcing clean up and prevention notices may be recovered through compliance cost notice (under part 4.5 of the Protection of the Environment Operations Act 1997). Council shall keep records of: tasks undertaken; the hour’s council employees have spent undertaking those tasks; and expenses incurred.

During site redevelopment council will consider contamination with asbestos containing materials in the same way as other forms of contamination as stipulated by the Environmental Planning and Assessment Act 1979. That is, council will apply the general requirements of State Environmental Planning Policy (SEPP) No. 55 – Remediation of Land and the Managing Land Contamination: Planning Guidelines SEPP 55 – Remediation of Land.

Council provides information about land contamination on planning certificates (issued under section 149 of the Environmental Planning and Assessment Act 1979) as outlined in section 6.2.

For sites that are ‘significantly contaminated’ and require a major remediation program independent of any rezoning or development applications, the EPA and SafeWork NSW are the lead regulatory authorities as outlined in Appendix A under section 2.4.2.

The management of council workplaces contaminated with asbestos is outlined in section 14.4.

6.2      Finding out if land is contaminated

A person may request from council a planning certificate containing advice on matters including whether council has a policy to restrict the use of land due to risks from contamination. Certificates are issued under section 149(2) of the Environmental Planning and Assessment Act 1979.

Factual information relating to past land use and other matters relevant to contamination may also be provided, even when land use is not restricted. When council receives a request for a certificate under section 149(2), it may also inform applicants of any further information available under section 149(5). Council may also use section 149(5) certificates to record other information, particularly anything else of a factual nature about contamination which council deems appropriate (such as details of land history, assessment, testing and remediation).

Council records can only indicate known contaminated sites. Any site may potentially be contaminated.

Council may issue notices to land owners or occupiers requiring information about land it has reason to believe may be contaminated by asbestos using section 192 and section 193 of the Protection of the Environment Operations Act 1997.

6.3      Duty to report contaminated land

A person whose activities have contaminated land or a landowner whose land has been contaminated is required to notify the EPA when they become aware of the contamination (under section 60 of the Contaminated Land Management Act 1997). Situations where this is required are explained in the document: Guidelines on the duty to report contamination under the Contaminated Land Management Act 1997.

The EPA will inform council of contaminated land matters relating to the LGA as required under section 59 of the Contaminated Land Management Act 1997.

6.4      Derelict buildings

Concerns regarding potential health risks from derelict properties may be directed to council. Derelict properties include abandoned buildings; fire damaged buildings and otherwise dilapidated buildings. Where derelict properties contain friable asbestos and asbestos is exposed, either from human activities or weathering, this poses a potential risk to public health.

Council may respond to derelict properties that pose a demonstrable public health risk using a range of regulatory tools according to the particular circumstances.

Council may issue a clean-up notice or prevention notice and compliance cost notice as noted in section 6.1.

Council may also order a person to demolish or remove a building if the building is so dilapidated as to present harm to its occupants or to persons or property in the neighbourhood (under section 121B 2(c) of the Environmental Planning and Assessment Act 1979). An order may require immediate compliance with its terms in circumstances which the person who gives the order believes constitute a serious risk to health or safety or an emergency (under section 121M of the Environmental Planning and Assessment Act 1979). If a person fails to comply with the terms of an order, council may act under section 121ZJ of the Environmental Planning and Assessment Act 1979 to give effect to the terms of the order, including the carrying out of any work required by the order.

If the derelict building is on a site that is a workplace then SafeWork NSW is the lead agency responsible for ensuring that asbestos is removed by appropriately licensed removalists.

7.      Responding to emergencies and incidents

Emergencies and incidents such as major collapses, cyclones, explosions, fires, storms, or vandalism can cause damage to buildings or land that contain asbestos. This may include working with state agencies in accordance with the NSW Asbestos Emergency Plan and the Disaster Assistance Guidelines. This can create site contamination issues and potentially expose emergency service workers and the wider public to asbestos. Emergencies or incidents can arise from natural hazards, or from accidental or deliberate human activities including criminal activity.

7.1      Responsibilities in the clean up after an emergency or incident

Council may play a role in ensuring that asbestos containing materials are cleaned up after an emergency or incident. If the emergency or incident occurs at a workplace, SafeWork NSW is the lead agency.

Council may issue a clean-up, prevention, cost compliance or penalty infringement notice as outlined in section 3.3 and section 6.1.

Alternatively, council may act under the Environmental Planning and Assessment Act 1979 as outlined in section 6.4 of this policy.

Council will determine an appropriate response depending on the nature of the situation.

This may include to:

·     Seek advice from an occupational hygienist on the likely level of risk and appropriate controls required.

·     Liaise with or consult the appropriate agencies.

·     Inform emergency personnel of any hazards known to council as soon as practicable.

·     Follow the Code of practice on how to safely remove asbestos (catalogue no. WC03561) published by SafeWork NSW.

·     Ensure that any council workers attending the site have appropriate training and are wearing appropriate personal protective equipment.

·     Exclude the public from the site.

·     Inform the public of the potential sources of exposure to asbestos, health risks and emergency management response.

·     Minimise the risks posed by any remaining structures (see section 6.4).

·     Address the risks posed by disturbed asbestos containing materials by engaging a licensed removalist (as outlined in section 14.6.2) or issuing a clean-up or prevention notice (as outlined in section 6.4) to ensure asbestos containing materials are removed for disposal.

·     Ensure that the site is kept damp, at all times or sprayed with PVA glue, particularly where friable asbestos is present, if considered appropriate (noting that in some instances this may not be appropriate, for example if there are live electrical conductors or if major electrical equipment could be permanently damaged or made dangerous by contact with water).

·     Ensure that asbestos containing materials are disposed of at a facility licensed to accept asbestos waste and sight proof of appropriate disposal through weighbridge dockets or similar documentation.

7.2      Advice to the public regarding clean up after an emergency or incident

During a clean up after an emergency or incident, the possibility of neighbours being exposed to asbestos fibres may be very low if precautions are taken to minimise the release and inhalation of asbestos dust and fibres.

As a precautionary measure, where council is involved in a clean-up, council may consider advising those in neighbouring properties to:

·     avoid unnecessary outdoor activity and do not put any laundry outside during the clean up

·     close all external doors and windows and stay indoors during the clean up

·     consider avoiding using air conditioners that introduce air from outside into the home during the clean up

·     dispose of any laundry that may have been contaminated with asbestos as asbestos waste after the clean-up (advice on disposing of asbestos waste is provided in section 10)

·     use a low pressure hose on a spray configuration to remove visible dust from pathways after the clean up

·     wipe dusty surfaces with a damp cloth and bag and dispose of the cloth as asbestos waste after the clean-up (advice on disposing of asbestos waste is provided in section 10)

·     Any other measures recommended by an occupational hygienist following assessment of the situation.

8.      Council’s process for changing land use

Council recognises the need to exercise care when changing zoning for land uses, approving development or excavating land due to the potential to uncover known or unknown asbestos material from previous land uses (for example, where a site has been previously been used as a landfill or for on-site burial of asbestos waste).

State Environmental Planning Policy No. 55 – Remediation of Land states that land must not be developed if it is unsuitable for a proposed use because it is contaminated. If the land is unsuitable, remediation must take place before the land is developed.

Managing sites contaminated with asbestos material is addressed in section 6.

9.      Council’s process for assessing development

This section applies to development applications assessed under the Environmental Planning and Assessment Act 1979 and complying development applications assessed under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 or council’s complying codes (see section 9.5.2). This includes alterations and additions to residential development, which may include internal work as well as extensions to the existing main structure, or changes to outbuildings, sheds or garages.

This section also covers renovations that do not require development consent or a complying development certificate. Development consent is not required to maintain an existing structure. For example, the replacement of windows, doors and ceilings may involve the removal of asbestos but is categorised as exempt development under the Environmental Planning and Assessment Act 1979 and does not require development consent.  In these instances, council has an educative role in providing owners and occupiers with advice and information about the identification and safe management of asbestos.

9.1      Responsibilities for approving development

Council is the consent authority for the majority of development applications in the LGA. The Joint Regional Planning Panel (JRPP) is also consent authority for certain local or regional development. Council may have representation on the JRPP.

Council or the JRPP may impose conditions of consent and a waste disposal policy to development consent to ensure the safe removal of asbestos, where asbestos has been identified or may be reasonably assumed to be present.

Either council or a private certifier may assess a complying development certificate. Where a private certifier is engaged to assess a complying development certificate, the private certifier is responsible for ensuring that the proposed development activities include adequate plans for the safe removal and disposal of asbestos.

This also applies to the demolition of buildings. Certifiers are able to issue a complying development certificate under the Demolition Code of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Further information on demolition is provided in section 9.4.

When a private certifier issues a complying development certificate and is appointed as the Principal Certifying Authority for the development it is the certifier’s responsibility to follow up to ensure that works including asbestos handling, removal and disposal if present, are carried out appropriately in accordance with the Environmental Planning and Assessment Regulation 2000 (clause 136E). Compliance is covered in section 9.7.

9.2      Providing advice to home owners, renovators and developers

Council is committed to providing information to minimise the risks from asbestos in the LGA. Information is provided below and in Appendix A. Appendix B lists additional sources of information on how to deal safely with the risks of asbestos and Appendix J lists asbestos containing products that may be found around the home.

The key points are:

·     Before any renovation, maintenance or demolition work is carried out, any asbestos or asbestos containing materials should be identified (refer to section 9.3).

·     Where a material cannot be identified or it is suspected to be asbestos, it is best to assume that the material is asbestos and take appropriate precautions.

·     If asbestos containing materials can be maintained in good condition it is recommended that they be safely contained, left alone and periodically checked to monitor their condition, until demolition or redevelopment.

·     If asbestos materials cannot be safely contained, they should be removed as outlined in section 9.4.

·     For demolition or redevelopment, any asbestos containing materials should be safely removed and disposed of prior to the work commencing.

Anyone who is undertaking renovations themself without a contractor is encouraged to refer to Appendices A and B for more information and contact council where they require further advice or clarification. Anyone engaging an asbestos removal contractor may contact SafeWork NSW with any queries as SafeWork NSW regulates asbestos removal by workers (as explained in section 9.4). Contact details for council and SafeWork NSW are provided in Appendix E.

9.3      Identifying asbestos

Information on common places where asbestos is likely to be found in residential, commercial and industrial premises with materials from prior to 2004 on the premises is provided in Appendix A.

A person may apply to council for a planning certificate (called a section 149 certificate) for the relevant land. Council may provide information on a planning certificate including whether council has a policy to restrict the use of land due to risks from asbestos contamination, as outlined in section 6.2.

Council aims to ensure that records are, as far as possible, accurate. In some instances, council may not have up-to-date information about asbestos for a property. Council may be able to provide general advice on the likelihood of asbestos being present on the land based on the age of the buildings or structures on the land. A general guide to the likelihood of asbestos presence based on building age is provided in Appendix A under section 2.2.

The most accurate way to find out if a building or structure contains asbestos is to obtain an asbestos inspection by a person competent in the identification and assessment of asbestos, such as an occupational hygienist (a competent person is defined by the NSW Work Health and Safety Regulation 2011). This is highly advisable before undertaking major renovations to buildings constructed, or containing materials from prior to 2004.

Property owners and agents are encouraged to inform any tenants or occupiers of the presence of asbestos and to address any potential asbestos hazards where appropriate.

Property owners who let their properties out are required to identify any asbestos within those properties before any work is carried out (this includes residential properties).

The Work Health and Safety Regulation 2011 states that the person conducting a business or undertaking in any building constructed before 31 December 2003 must identify if there is any asbestos in the building.

All commercial properties that contain asbestos must have and maintain a current asbestos register and asbestos management plan.

9.4      Removing asbestos, refurbishments and demolitions

9.4.1    Removing asbestos at domestic premises

If development is undertaken by contractors, as is the case with a lot of home renovations, then the work is considered to be at a workplace and is regulated by SafeWork NSW under the NSW Work Health and Safety Regulation 2011. This requires that a person conducting a business or undertaking who is to carry out refurbishment or demolition of residential premises must ensure that all asbestos that is likely to be disturbed by the refurbishment or demolition is identified and, so far as reasonably practicable, is removed before the refurbishment or demolition is commenced.

Depending on the nature and quantity of asbestos to be removed, a licence may be required to remove the asbestos. The requirements for licenses are outlined below and summarised in the table in Appendix K. SafeWork NSW is responsible for issuing asbestos licences.

Friable asbestos must only be removed by a licensed removalist with a friable (Class A) asbestos removal licence. Except in the case of the removal of:

·     asbestos containing dust associated with the removal of non-friable asbestos, or

·     Asbestos containing dust that is not associated with the removal of friable or non-friable asbestos and is only a minor contamination (which is when the asbestos contamination is incidental and can be cleaned up in less than one hour).

The removal of more than 10 square metres of non-friable asbestos or asbestos containing material must be carried out by a licensed non-friable (Class B) or a friable (Class A) asbestos removalist.

The removal of asbestos containing dust associated with the removal of more than 10 square metres of non-friable asbestos or asbestos containing material requires a non-friable (Class B) asbestos removal licence or a friable (Class A) asbestos removal licence.

Removal of 10 square metres or less of non-friable asbestos may be undertaken without a licence. However, given the risks involved, council encourages residents to consider engaging a licensed asbestos removal contractor. The cost of asbestos removal by a licensed professional is comparable in price to most licensed tradespeople including electricians, plumbers and tilers.

All asbestos removal should be undertaken in accordance with the Code of practice on how to safely remove asbestos (catalogue no. WC03561).

If a residential premise is a workplace, the licensed asbestos removalist must inform the following persons before licensed asbestos removal work is carried out:

·     the person who commissioned the work

·     a person conducting a business or undertaking at the workplace

·     the owner and occupier of the residential premises

·     Anyone occupying premises in the immediate vicinity of the workplace (as described in section 467 of the NSW Work Health and Safety Regulation 2011).

In certain circumstances, a premise may be used for both residential and commercial purposes and is therefore classified as a workplace.

All licensed asbestos removal must be:

·     supervised by a supervisor named to SafeWork NSW

·     Notified to SafeWork NSW at least five days prior to the work commencing.

Requirements for the transport and disposal of asbestos waste are covered in section 10.

9.4.2    Removing asbestos at workplaces

The NSW Work Health and Safety Regulation 2011 specify requirements for demolition and refurbishment at a workplace with structures or plants constructed or installed before 31 December 2003. SafeWork NSW is the lead agency for regulating the safe management of asbestos at workplaces.

9.4.3    Obtaining approval for demolition

Demolition work is classified as high risk construction work in the NSW Work Health and Safety Regulation 2011 and demolition licenses are required for some demolition work. The Demolition work code of practice 2015 provides practical guidance on how to manage the risks associated with the demolition of buildings and structures. In most circumstances demolition of a structure requires development consent or a complying development certificate. Applicants need to enquire to council as to whether and what type of approval is required. Where a development application is required council’s standard conditions need to be applied to ensure that asbestos is safely managed. Council’s conditions for development consent are referred to in section 9.6.

A wide range of development, including residential, industrial and commercial development, can be approved for demolition as complying development under the Demolition Code of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the Environmental Planning and Assessment Regulation 2000 provides mandatory conditions for complying development certificate applications.

Demolition of development that would be exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is also exempt development and does not require consent. This includes minor structures such as carports, fences, sheds and the like.

9.5      Exempt or complying development

9.5.1    Exempt development

Exempt development does not require any planning or construction approval if it meets the requirements of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

This means that there is no ability for council or a private certifier to impose safeguards for the handling of asbestos through conditions of development consent. However, council advises that all asbestos removal work should be carried out in accordance with the Code of practice on how to safely remove asbestos (catalogue no. WC03561).

9.5.2    Complying development

The Environmental Planning and Assessment Regulation 2000 (clause 136E) outlines conditions under which a complying development certificate can be issued for development that involves building work or demolition work and friable or non-friable asbestos.

Applications for complying development certificates must include details of the estimated area (if any) in square metres of friable and/or non-friable asbestos material that will be disturbed, repaired or removed in carrying out the development (under Schedule 1 part 2 of the Environmental Planning and Assessment Regulation 2000).

Where more than 10 square metres of non-friable asbestos is to be removed, a contract evidencing the engagement of a licensed asbestos removal contractor is to be provided to the principal certifying authority. The contract must specify the landfill site lawfully able to accept asbestos to which the removed asbestos will be delivered.

If the contract indicates that asbestos will be removed to a specified landfill site, the person having the benefit of the complying development certificate must give the principal certifying authority a copy of a receipt from the operator of the landfill site stating that all the asbestos material referred to in the contract has been received by the operator.

If the work involves less than 10 square metres of non-friable asbestos and is not undertaken by a licensed contractor, it should still be undertaken in a manner that minimises risks as detailed in the Code of practice on how to safely remove asbestos (catalogue no. WC03561). In instances where asbestos removal is less than 10 square metres of non-friable asbestos and not from a place of work, then SafeWork NSW would not be the agency responsible for regulating this activity. Concerns or complaints may be directed to council as outlined in section 11.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 outlines the requirements for the applicant to notify their neighbours that works may include asbestos removal.

Further requirements to inform other persons of licensed asbestos removal are described in section 467 of the NSW Work Health and Safety Regulation 2011 as noted in section 9.4.1 of this policy.

9.6      Development applications

If a proposed building does not meet the requirements of exempt or complying development then the alternative planning approval pathway is a development application (DA). A DA can only be approved by a local council, the JRPP or, for very large, State-significant development proposals, the State Government. A development application needs to be prepared and it will be assessed in accordance with the requirements of relevant environmental planning instruments and the development standards established by council. Council may undertake a site inspection as part of the DA assessment.

9.6.1    Pre-development application advice regarding asbestos

Council’s pre-DA service enables proponents to discuss asbestos-related issues with council prior to lodging a DA, if the issue is raised. Council may inform applicants of this policy, fact sheets or websites. Generally this may be most relevant to structures erected or modified before the 1980s and any other structure that could be reasonably suspected to contain asbestos including those with building materials from prior to 2004.

9.6.2    Conditions of consent

Council’s Standard Conditions include the following:

115    Removal of asbestos

All asbestos wastes associated with removal of the existing dwelling to be disposed of in accordance with the requirements of SafeWork NSW. The applicant/owner is to produce documentary evidence that this condition has been met. Council requires 24 hours’ notice prior to disposal at Council’s Waste Management Facility.

9.7      Compliance and enforcement

9.7.1    Responsibilities for compliance and enforcement

The controls rely on information being provided and checked by the principal certifying authority which may be either the local council or a private certifier. A private certifier has powers under the Environmental Planning and Assessment Act 1979 to issue construction certificates, compliance certificates, complying development certificates, occupation certificates and to carry out mandatory inspections. Councils will not always be the principal certifying authority. When a council is not nominated as the principal certifying authority for a complying development certificate or development application, the council may not have any knowledge of the asbestos matter. Accordingly, coordination of compliance and/or enforcement actions between the council and the private certifier will be required.

Council may take action on any development for which council has issued the development consent, even when not appointed as the principal certifying authority to ensure enforcement. Where council receives a complaint about a development for which council is not the principal certifying authority, council should consider whether council is the appropriate authority to resolve the matter. Complaints that warrant action by councils because of their greater enforcement powers include:

·     urgent matters, for example, a danger to the public or a significant breach of the development consent or legislation

·     Matters that are not preconditions to the issue of the occupation/subdivision certificate.

In relation to naturally occurring asbestos, council is to verify compliance with environmental planning and assessment legislation and together with the EPA and SafeWork NSW is to coordinate enforcement where non-compliance is suspected.

9.7.2    Compliance strategies

Illegal works include:

·     works that are undertaken without a required development consent or complying development certificate

·     Works that are undertaken that do not comply with the conditions of the development consent or complying development certificate.

Where council becomes aware of illegal work involving asbestos or asbestos containing materials, council will notify SafeWork NSW if the site is a workplace.

The Environmental Planning and Assessment Act 1979 empowers council to issue orders to direct specific work be undertaken to comply with a development consent.

Council may need to issue an order under the Local Government Act 1993 (section 124) to direct a person to ‘do or refrain from doing such things as are specified in the order to ensure that land is, or premises are, placed or kept in a safe or healthy condition.’

Council may also issue a clean-up notice or prevention notice under the Protection of the Environment Operations Act 1997 as outlined in section 6.1 of this policy.

Council may audit asbestos-related demolition works which council has recently approved by using a legal notice under section 192 of the Protection of the Environment Operations Act 1997 to require developers to provide information and records regarding disposal of their asbestos waste.

10.    Managing asbestos as a waste

It is illegal to dispose of asbestos waste in domestic garbage bins or to recycle, reuse, bury or illegally dump asbestos waste. Asbestos must not be placed in general waste skip bins, yet there have been instances where asbestos has been illegally placed in skip bins by third parties. Members of the public need to be aware of this hazard and may need to secure their skip bins to prevent a third party from illegally disposing of asbestos in the skip bin.

Asbestos waste (in any form) must only be disposed of at a landfill site that may lawfully receive asbestos waste.

10.1    Responsibilities for asbestos waste management

Council’s responsibilities for asbestos waste management are outlined in section 3.3.

The handling and, where appropriate, temporary storage of asbestos waste at worksites is regulated by SafeWork NSW.

The EPA regulates premises that have or require an environment protection licence in accordance with the Protection of the Environment Operations Act 1997. A licence is required where more than 5 tonnes of asbestos waste, brought from off-site, is stored at any time. All other sites where asbestos waste is stored, typically those that are non-work sites, are regulated by local councils.

10.2    Handling asbestos waste for disposal

The Code of practice on how to safely remove asbestos (catalogue no. WC03561) provides details on waste containment and disposal and controls applicable to all types of asbestos removal (in section 4.8 of the Code).

10.3    Transporting asbestos waste

The following requirements apply to the transport of asbestos waste and non-compliance with these requirements is an offence under clause 78 of the Protection of the Environment Operations (Waste) Regulation 2014:

(a)  any part of any vehicle in which the person transports the waste is covered, and leak-proof, during the transportation, and

(b)  if the waste consists of bonded asbestos material-it is securely packaged during the transportation, and

(c)  if the waste consists of friable asbestos material-it is kept in a sealed container during transportation, and

(d)  If the waste consists of asbestos-contaminated soils-it is wetted down.

Asbestos waste that is transported interstate must be tracked in accordance with the Protection of the Environment Operations (Waste) Regulation 2014. The transport of asbestos waste in NSW must be recorded from the place of generation to its final destination. The waste tracking system is administered by the EPA. Operators that use the EPA’s Waste Locate system will be in compliance with these requirements. Information about EPA’s WasteLocate system can be found at: www.epa.nsw.gov.au/wasteregulation/transport-asbestos-tyres.htm

An environment protection licence issued by the EPA is required to transport asbestos waste interstate where any load contains more than 200 kilograms of asbestos waste.

It is an offence to transport waste to a place that cannot lawfully receive that waste, or cause or permit waste to be so transported (under section 143 of the Protection of the Environment Operations Act 1997). Penalty notices may be issued for $7,500 (to individuals) and $15,000 (to corporations). NSW courts may impose penalties up to $250,000 (for individuals) and $1,000,000 (for corporations) found guilty of committing this offence.

10.4    Disposing of asbestos waste at waste facilities

Asbestos waste is accepted at Council’s Waste Management Facility.

The Facility is located at 711 Old Coast Road, Nambucca Heads. Phone (02) 6568 2170.

Hours of operation: 8.00am to 4.00pm seven (7) days per week, excluding public holidays.

Persons delivering waste to the Facility must comply with the following requirements:

·     a person delivering waste that contains asbestos to a landfill site must inform the landfill occupier of the presence of asbestos 24 hours before delivering the waste.

·     when unloading and disposing of asbestos waste at a landfill site, the waste must be unloaded and disposed of in such a manner as to prevent the generation of dust or the stirring up of dust.

Non-compliance with these requirements is an offence under the Protection of the Environment Operations (Waste) Regulation 2014 and these offences attract strong penalties.

10.4.1  Situations in which asbestos waste may be rejected from waste facilities

Asbestos waste may be rejected from a waste facility if the waste is:

·     not correctly packaged for delivery and disposal (as per sections 10.2 and 10.3)

·     not disclosed by the transporter as being asbestos or asbestos containing materials, or

·     taken to a waste facility that does not accept asbestos waste.

Where waste is rejected, the waste facility must inform the transporter of the waste of a waste facility to which the waste may be transported, that is, a waste facility at which the waste can be legally accepted (as required by the Protection of the Environment Operations (Waste) Regulation 2014).

Individuals may be fined $7,500 and corporations may be fined $15,000 under the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2014 for transporting asbestos waste to a facility that cannot lawfully receive asbestos waste.

10.5    Illegal dumping of asbestos waste

Illegal dumping is the unlawful deposit of waste onto land. That is waste materials dumped, tipped or otherwise deposited onto private or public land where no licence or approval exists to accept such waste. Illegal landfilling, which is waste used as fill material, with or without the consent of the owner or occupier of the land and without the necessary council or EPA approvals, is also considered to be illegal dumping and pollution of land.

Illegal dumping of asbestos waste in public places such as parks, streets or nature strips can attract regulatory action including:

·     on the spot fines of up to $15,000

·     prosecution for pollution of land of up to $1 million for a corporation and $120,000 for each day the offence continues (under section 142A of the Protection of the Environment Operations Act 1997), or

·     up to $1 million, or seven years imprisonment, or both for an individual (under section 119 of the Protection of the Environment Operations Act 1997).

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 risks to future site activities and occupants. For on-site 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 minor 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.

 

12.1.2  Workers

Workers have a duty to take reasonable care for their own health and safety and that they do not adversely affect the health and safety of other persons. Accordingly workers:

·     must comply with this policy and any reasonable instruction or procedure relating to health and safety at the workplace

·     must use any personal protective equipment provided, in accordance with information, training and reasonable instruction provided so far as the worker is reasonably able

·     may cease, or refuse to carry out, work if the worker has a reasonable concern that to carry out the work would expose them, or other persons, to a serious health or safety risk, emanating from an immediate or imminent exposure to a hazard

·     should ensure they are using the latest version of all relevant procedures, plans, guidelines and legislation (refer to Appendix G).

Managers are responsible for ensuring workers who report to them have access to this policy and appropriate information, documentation and training.

12.1.3  Prohibited work activities

Council will not permit the use of the following on asbestos or asbestos containing material:

·     high pressured water spray (unless for fire fighting or fire protection purposes), or

·     compressed air.

Council will not permit the following equipment to be used on asbestos or asbestos containing material unless the use of the equipment is controlled in accordance with the NSW Work Health and Safety Regulation 2011:

·     power tools

·     brooms (note brooms are allowed for use on vinyl floor tiles), or

·     any other implements that cause the release of airborne asbestos into the atmosphere.

12.2    Responsibilities of council to council workers

12.2.1  Council’s general responsibilities

Council has general responsibilities under the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. Accordingly council will:

·     not use any asbestos containing materials (unless in accordance with part 8.1 (419) of the NSW Work Health and Safety Regulation 2011) and will not cause or permit asbestos waste in any form to be reused or recycled

·     ensure that exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable

·     ensure that the exposure standard for asbestos (defined in Appendix C) is not exceeded in the workplace

·     notify SafeWork NSW immediately if persons are likely to be affected by asbestos fibres or if an air monitoring process records respirable asbestos fibre levels above 0.02 fibres/ml of air

·     ensure that any contractors engaged to undertake the removal of asbestos for council are appropriately licensed

·     consult with workers as required by the Work Health and Safety Act 2011.

Council will not import asbestos or asbestos containing material into Australia as prohibited under the Customs (Prohibited Imports) Regulations 1956. If plant or other materials are imported from countries where asbestos is not yet prohibited, council shall ensure the plant or materials do not contain asbestos prior to supply or use in the workplace.

12.2.2  Education, training and information for workers

As required by the NSW Work Health and Safety Act 2011 and NSW Work Health and Safety Regulation 2011, council will:

·     provide any information, training, instruction or supervision that is necessary to protect all persons at the workplace from risks to their health and safety arising from work carried out as part of the conduct of council business

·     ensure workers who council reasonably believes may be involved in asbestos removal work or the carrying out of asbestos-related work in the workplace are trained in the identification, safe handling and suitable control measures for asbestos and asbestos containing material.

·     Any workers who are involved in any activity listed in Appendix A under section 3 on behalf of, or for, council shall be provided with access to a copy of this policy and information and training suitable to their role and the activity.

·     Council may also provide information and training to council employees who may need to respond to asbestos issues related to renovations and developments as outlined in section 9.

Topics training may cover are outlined in the Code of practice on how to safely remove asbestos (catalogue no. WC03561).Training will include training in the hazards and risks associated with naturally occurring asbestos for workers who carry out work where naturally occurring asbestos is likely to be found.

Education and training will only be provided by appropriately accredited individuals.

Education and training may include both initial induction and ongoing reinforcement on a regular basis. Training will be delivered and reinforced using tool box meetings, general in-house training or on council’s intranet.

A record of asbestos training undertaken by each worker will be kept until five years after the day the worker ceases to work for council.

12.2.3  Health monitoring for workers

Council will ensure health monitoring is provided to a worker if they are carrying out licensed asbestos removal work, other ongoing asbestos removal work or asbestos-related work at the workplace for council and are at risk of exposure to asbestos when carrying out the work.

The health monitoring will be consistent with the Code of practice on how to safely remove asbestos (catalogue no. WC03561) and meet the requirements of the NSW Work Health and Safety Regulation 2011 (part 8.5 Division 1).

Health counselling may be appropriate where a heightened sense of concern exists for individuals possibly exposed to elevated levels of airborne asbestos fibres.

Employees who were exposed to asbestos in the past and if there is a risk to the health of the employee as a result of that exposure, are covered by the NSW Work Health and Safety Regulation 2011 (clauses 435-444). Council will ensure these employees are kept on the health monitoring program.

13.    Identifying and recording asbestos hazards in the council workplace

This section outlines how council will identify and record asbestos hazards in the workplace. This section does not cover naturally occurring asbestos which is addressed in section 5 or illegal dumping which is addressed in section 10.5.

13.1    Identifying asbestos

Council will ensure, so far as is reasonably practicable, that all asbestos or asbestos containing material at the workplace is identified by a competent person (as defined by the NSW Work Health and Safety Regulation 2011). If a material cannot be identified or accessed, it will be assumed to be asbestos. This does not apply if council has reasonable grounds to believe that asbestos or asbestos containing material is not present.

13.1.1  Material sampling

Council may choose to identify asbestos or asbestos containing material by arranging for a sample to be analysed. Where council arranges sampling of asbestos containing material, this will be undertaken by an appropriately trained and competent council worker or a competent person will be contracted to undertake this task. Analysis of the sample must only be carried out by a National Association of Testing Authorities (NATA) accredited laboratory (refer to Appendix E) or a laboratory approved or operated by the regulator.

13.2    Indicating the presence and location of asbestos

Council will clearly indicate the presence and location of any asbestos or asbestos containing material identified or assumed at the workplace. Where it is reasonably practicable to do so, council will indicate the presence and location of the asbestos or asbestos containing material by a label.

13.3    Asbestos register

Council has an asbestos register which is maintained by the Assets Section.

Council’s asbestos register will be maintained to ensure the register lists all identified (or assumed) asbestos in the workplace and information in the register is up to date. The asbestos register will be accessible, reviewed, revised and otherwise managed as mandated by the NSW Work Health and Safety Regulation 2011 (clauses 425 – 428).

Council will ensure that any worker carrying out or intending to carry out work at a council workplace that involves a risk of exposure to airborne asbestos, is given a copy of the asbestos register.

13.4    Suspected asbestos

If a worker suspects there is asbestos in a council workplace, they should inform their manager or supervisor. A competent worker should check the asbestos register for existing asbestos locations and control measures and may need to arrange for an inspection and sampling of the material (refer to section 13.1.1). If it is likely that asbestos or suspected asbestos is present, the asbestos register will be updated and workers will be notified of any newly identified asbestos locations.

Council may need to manage the suspected asbestos as outlined in section 14. If the suspected asbestos has been disturbed and has, or could, become airborne, council may need to respond immediately as outlined in section 15.

14.    Managing asbestos-related risks in the council workplace

14.1    Asbestos management plan

Council will prepare an asbestos management plan for asbestos in the council workplace.

The asbestos management plan will be accessible, reviewed, revised and otherwise managed as mandated by the NSW Work Health and Safety Regulation 2011 clause 429.

14.2    Asbestos management plan for naturally occurring asbestos

Council will develop an asbestos management plan for naturally occurring asbestos in the workplace, in accordance with the NSW Work Health and Safety Regulation 2011 part 8.4 (Management of naturally occurring asbestos).

14.3    Management options for asbestos-related risks in the council workplace

Council’s asbestos management plan includes decisions and reasons for decisions about the management of asbestos at the workplace.

Options for managing asbestos-related risks include:

·     removal of asbestos or asbestos containing materials (preferred wherever reasonably practicable)

·     interim control measures: enclosure (only for non-friable asbestos), encapsulation (when the original asbestos bond is still intact) or sealing (where the sealed material is unlikely to be subject to mechanical damage) asbestos containing material, to be implemented along with regular inspections by a competent person

·     leaving asbestos containing material in situ (deferring action).

Council may undertake an asbestos risk assessment, in consultation with workers and/or their representatives, in order to inform decision-making. Only competent persons will perform risk assessments or any subsequent reviews or revisions of risk assessments.

For all asbestos work or asbestos-related work, safe work practices will be in place and suitable personal protective equipment will be used.

14.4    Sites contaminated with asbestos that are council workplaces

Where asbestos is identified as contaminating a workplace, the site will be included in council’s asbestos register and asbestos management plan.

Council may need to ensure that an exposure assessment is undertaken and that appropriate risk management options are determined and implemented.

For asbestos in soil or aggregate, a suitably qualified occupational hygienist must carry out an assessment if the material in the soil and aggregate is unknown or classified as friable.

Council should engage specialists, who may include asbestos removalists, for all cases except in the case of minor, non-friable contaminations.

Further details on managing land contaminated with asbestos may be found in section 6.

14.5    Demolition or refurbishment of council buildings and assets

Council will ensure that before any demolition or refurbishment of a council structure or plant constructed or installed before 31 December 2003 is undertaken, the asbestos register is reviewed and a copy provided to the business undertaking the demolition or refurbishment. Council will ensure that any asbestos that is likely to be disturbed is identified and, so far as is reasonably practicable removed.


 

14.6    Removal of asbestos in the council workplace

Removal of asbestos or asbestos containing materials in the council workplace will be undertaken in accordance with the:

·     NSW Work Health and Safety Act 2011

·     NSW Work Health and Safety Regulation 2011.

Council may also refer to the Code of practice on how to safely remove asbestos (catalogue no. WC03561).

For licensed asbestos removal work, a licensed asbestos removalist must meet the requirements of the NSW Work Health and Safety Regulation 2011 including the requirements to:

·     notify SafeWork NSW at least five days prior to the asbestos removal work commencing. However, in the case of emergency work, such as burst pipes, fires and illegally dumped asbestos, council may request to SafeWork NSW that this five days period be waived

·     prepare, supply and keep an asbestos removal control plan

·     obtain a copy of the asbestos register for the workplace before carrying out asbestos removal work at the workplace (this does not apply if the asbestos removal work is to be carried out at residential premises, for example cleaning up asbestos that has been illegally dumped at a residential premises)

·     inform the person with management or control of the workplace that the licensed asbestos removal work is to be carried out at the workplace

·     erect signs and barricades

·     limit access to the asbestos removal area

·     properly dispose of asbestos waste and dispose of, or treat, contaminated personal protective equipment

·     arrange a clearance inspection and clearance certificate.

Where council is informed that asbestos removal work is to be carried out at the workplace, council will inform workers and those in the immediate vicinity of the workplace and limit access to the asbestos removal area as per the NSW Work Health and Safety Regulation 2011.

14.6.1  Removal by council employees

Council will ensure that before any council employee undertakes asbestos (or suspected asbestos) removal work they are:

·      appropriately trained

·      adequately supervised

·      provided with appropriate personal protective equipment and clothing

·      provided access to this policy

·      provided with information about the health risks and health effects associated with exposure to asbestos and the need for, and details of, health monitoring.

The council will develop safe work method statements to assist with the safe removal.

The only removal of asbestos materials will be water and sewer pipes; other asbestos removal will be conducted by licenced contractors.

14.6.2  Removal by contractors

Where council commissions the removal of asbestos at the workplace, council will ensure asbestos removal work is carried out only by a licensed asbestos removalist who is appropriately licensed to carry out the work, unless specified in the NSW Work Health and Safety Regulation 2011 that a licence is not required.

Where council requires the services of asbestos removalists, council will require the licence details of asbestos removalists prior to engaging their services and will verify the licence details with SafeWork NSW’s Certification Unit prior to entering a contract or agreement with the licensed asbestos removalists.

Council is required to ensure that the work is carried out by a competent person who has been trained in the identification and safe handling of, and suitable control measures for, asbestos and asbestos containing material. Council will therefore require a statement in a written contract or agreement with the licensed asbestos removalist that the licensed asbestos removalist who will undertake the work has been adequately trained and is provided with appropriate health monitoring by their employer.

The licensed asbestos removalist is to provide the following documentation prior to carrying out asbestos removal work:

·     Asbestos removal control plan

·     Public liability certificate of currency

·     Workers compensation certificate of currency

·     SafeWork NSW confirmation details to carry out the removal work

Council will provide a copy of the asbestos register to the licensed asbestos removalist.

Where council becomes aware of any breaches by licensed asbestos removalists, council will report this to SafeWork NSW.

14.6.3  Clearance inspections and certificates

Where council commissions any licensed asbestos removal work, council will ensure that once the licensed asbestos removal work has been completed, a clearance inspection is carried out and a clearance certificate is issued by an independent licensed asbestos assessor (for Class A asbestos removal work) or an independent competent person (in any other case) before the asbestos removal area is re-occupied.

The friable asbestos clearance certificate will require visual inspection as well as air monitoring of the asbestos removal site. Air monitoring is mandatory for all friable asbestos removal. The air monitoring must be conducted before and during Class A asbestos removal work by an independent licensed asbestos assessor.

The friable asbestos clearance certificate is to state that there was no visible asbestos residue in the area or vicinity of the area where the work was carried out and that the airborne asbestos fibre level was less than 0.01 asbestos fibres/ml.

15.    Accidental disturbance of asbestos by workers

In situations where asbestos is accidentally disturbed by council work and has, or could, become airborne, council will act to minimise exposure of workers and the wider public to airborne asbestos.

It may be appropriate that council:

·    stop works in the vicinity of the asbestos immediately

·    inform the site supervisor immediately, inform necessary workers and record the incident

·    evacuate the area

·    provide personal protective equipment and briefing to appropriately trained workers who will respond to the incident

·    restrict access to the area and ensure only appropriately trained and equipped council workers attend the site

·    exclude the public from the site and provide information to the public if in a public area

·    wet surfaces to reduce the dust levels

·    prevent the spread of contamination by using wash down facilities

·    provide information, training and supervision to all workers potentially at risk

·    contact SafeWork NSW to report the disturbance. SafeWork NSW must be immediately notified if persons are likely to be effected by asbestos fibres or if an air monitoring process records a level above 0.02 fibres/ml of air

·    implement an air monitoring program to assess asbestos exposure levels and specific risk control measures.

·    liaise with or consult the appropriate agencies

·    seek advice from an occupational hygienist

·    follow the Code of practice on how to safely remove asbestos (catalogue no. WC03561)

·    ensure that asbestos materials are disposed of at a facility licensed to accept asbestos materials, and where contractors have been engaged to dispose of asbestos waste, sight proof of appropriate disposal through weighbridge dockets or similar documentation

·    update the asbestos register and notify workers of any newly identified asbestos locations

16.    Council’s role in the disposal of asbestos waste

16.1    Responding to illegal dumping

Where council commissions the removal of illegally dumped asbestos material or suspected asbestos material, council will ensure this is undertaken in accordance with section 14.6.2.

Where council becomes aware of illegally dumped asbestos material outside of council’s jurisdiction, council will promptly notify the relevant authority.

16.2    Transporting and disposing of asbestos waste

Council will transport and dispose of waste in accordance with the legislation and as outlined in section 10.

16.3    Operating council’s waste facility licensed to accept asbestos waste

Waste management facilities must be managed in accordance with the Protection of the Environment Operations (Waste) Regulation 2014 including clause 80 which specifies that:

(1)  A person disposing of asbestos waste off the site at which it is generated must do so at a landfill site that can lawfully receive the waste.

(2)  When a person delivers asbestos waste to a landfill site, the person must inform the occupier of the landfill site that the waste contains asbestos prior to arrival at the site.

(3)  When a person unloads or disposes of asbestos waste at a landfill site, the person must prevent:

(a)  any dust being generated from the waste, and

(b)  any dust in the waste from being stirred up.

(4)  The occupier of a landfill site must ensure that asbestos waste disposed of at the site is covered with virgin excavated natural material or (if expressly authorised by an environment protection licence held by the occupier) other material:

(a)  initially (at the time of disposal), to a depth of at least 0.15 metre, and

(b)  at the end of each day’s operation, to a depth of at least 0.5 metre, and

(c)  finally, to a depth of at least 1 metre (in the case of bonded asbestos material or asbestos-contaminated soils) or 3 metres (in the case of friable asbestos material) beneath the final land surface of the landfill site.

Council has developed a charging policy for receiving asbestos waste, which reflects the actual cost of managing the asbestos waste, plus any applicable levies.

When council is receiving construction, renovation and demolition waste, council should visually screen and may also inspect incoming loads to minimise asbestos contamination risk as this waste may be high risk for asbestos materials. Council has developed procedures to avoid asbestos contamination in material intended for resource recovery.

Council may issue a receipt for asbestos waste received at a licensed landfill facility. The receipt provided may note the time, date and location of disposal, weight of asbestos containing material disposed, method of disposal (note on handling) and a receipt number. This information must be recorded by the facility, regardless of whether a receipt is issued.

16.3.1  Asbestos waste incorrectly presented to council’s waste facility

This section applies to situations where asbestos waste is taken to a council waste facility and the waste is:

·     not correctly packaged for delivery and disposal (as per sections 9.2 and 9.3)

·     not disclosed by the transporter as being asbestos or asbestos containing materials

·     taken to a waste facility that does not accept asbestos waste.

In these situations, council may record relevant details such as the:

·     contact details of the transporter

·     origin of the asbestos or asbestos containing material

·     amount and type of asbestos or asbestos containing material

·     reasons why the asbestos waste was not properly packaged, disclosed or transported to a waste facility licensed to receive asbestos waste

·     development consent details (if applicable).

Where asbestos waste is not correctly packaged for delivery and disposal, or is not disclosed by the transporter as being asbestos or asbestos containing materials, council may:

·     reject the asbestos waste from the facility

·     suggest the transporter re-package the load correctly at the facility

·     provide a bay for wetting and/or wrapping the asbestos and protective equipment for the transporter eg the option to purchase an asbestos waste handling kit (for non-commercial operators with less than 10 square metres of non-friable asbestos)

·     provide the transporter with educational material such as SafeWork NSW fact sheets on correct methods for packaging, delivery and disposal of asbestos

·     question the transporter about the source of asbestos waste

·     issue a clean up notice or prevention notice under the Protection of the Environment Operations Act 1997

·     issue a compliance cost notice under the Protection of the Environment Operations Act 1997

·     issue a penalty infringement notice for improper transport of asbestos (under the Protection of the Environment Operations Act 1997).

Where asbestos waste is taken to a waste facility that does not accept asbestos waste, council may reject the waste. Where waste is rejected, council should complete a rejected loads register (a template is available from SafeWork NSW). Council will also inform the transporter of a waste facility to which the waste may be transported, that is, a waste facility at which the waste can be legally accepted (as required by the Protection of the Environment Operations (Waste) Regulation 2014). If council suspects that there is a risk of illegal dumping of the rejected waste, council will inform council’s rangers or council’s compliance officers. Suitable disposal for loads that are refused entry will remain the responsibility of the transporter and at a later date the transporter will need to demonstrate to council that the waste has been appropriately disposed.

Where asbestos waste is illegally dumped at an unstaffed waste station, management options for council include to:

·     undertake surveillance via video cameras to issue fines or deter dumping

·     provide targeted education to neighbouring landholders to ensure that they do not allow access to the waste station.

16.4    Recycling facilities

Council should screen and inspect incoming loads at recycling facilities for the presence of asbestos or asbestos containing materials to minimise asbestos contamination risk.

To prevent contamination of recycled products and to manage situations where contamination has occurred, council should adhere to the guide: Management of asbestos in recycled construction and demolition waste.

16.5    Re-excavation of landfill sites

The re-excavation of a council landfill site where significant quantities of asbestos waste are deposited is not encouraged and should only be considered with reference to any available records on the nature, distribution and quantities of asbestos waste required under the relevant legislation, and consultation with the Environment Protection Authority (as the appropriate regulatory authority under the Protection of the Environment Operations Act 1997).

17.    Advice to tenants and prospective buyers of council owned property

Council may provide advisory notes to tenants and prospective buyers of council owned property that is likely to contain asbestos.

Council may request that tenants in council property:

•        advise council of any hazards relating to asbestos

•        minimise damage to asbestos containing material

•        co-operate with council in facilitating any risk management work arranged by council

•        act on advice from council to minimise risks from asbestos.

18.    Implementing council’s asbestos policy

18.1    Supporting documents

The implementation of this policy is supported by council’s:

·      conditions of consent

·      guidelines for disposing of asbestos waste

Council also has several internal documents that support this policy.

·      asbestos management plan

·      asbestos register

·      complaints handling procedures

·      risk assessment matrices and a risk controls checklist for asbestos

·      employee health monitoring plans

·      incident report form

·      maintenance and inspection schedules for council owned assets

·      risk register

·      safe work method statements/ procedures for asbestos handling and removal for council employees

·      site maps and GPS coordinates for asbestos in landfill

·      site specific safety management plans

·      training registers/ records (relevant to identifying, handling and removing of asbestos materials).

18.2    Communicating the policy

This is a publicly available policy. The policy is to be made available via:

·     Council Administration Centre, 44 Princess Street Macksville

·     Council’s website www.nambucca.nsw.gov.au

·     Council’s electronic records management system (TRIM).

All employees shall receive information about the policy at induction from Council’s Safety and Risk Officer.

Any workers (including employees, contractors, consultants and, where relevant, volunteers and members of the public) who are involved in any activity or activities listed in Appendix A under section 3 on behalf of, or for, council shall be provided with access to a copy of this policy and relevant supporting documents. This includes any workers involved in commencing, arranging, undertaking, regulating, inspecting or supervising a potentially hazardous activity or activities. Managers are responsible for ensuring workers who report to them have access to the policy and appropriate information, documentation and training in asbestos awareness (as per the NSW Work Health and Safety Regulation 2011) prior to planning the activity or activities. Further information about training is noted in section 12.2.2 of this policy.

Council shall incorporate a statement regarding compliance with this policy in all relevant contracts and agreements with workers (including employees, contractors, consultants and, where relevant, volunteers and members of the public).

In the case of any substantive revisions to the policy, the revisions will be approved by the General Manager and the General Manager will notify all persons who may have cause to undertake, arrange or supervise any activities listed in Appendix A under section 3 on behalf of, or for, council.

18.3    Non-compliance with this policy

Failure by workers to adhere to the policy and failure by managers to adequately inform relevant workers of this policy shall be considered non-compliance with this policy.

The appropriate supervisor, manager, director, or the General Manager, shall take action in the case on non-compliance with the policy and this may include providing education and training, issuing a verbal or written warning, altering the worker’s duties, or in the case of serious breaches, terminating the worker’s services. Each case shall be assessed on its merits with the aim of achieving a satisfactory outcome for all parties

Workers should approach their supervisor or manager if they are experiencing difficulties in understanding or implementing the policy or if they are concerned that other workers are not complying with the policy.

19.    Variations to this policy

Council reserves the right to review, vary or revoke this policy. The General Manager may allow variations to the policy for minor issues in individual cases.

Appendices

Appendix A – General information and guidance

1.        What is asbestos?

Asbestos is the generic term for a number of naturally occurring, fibrous silicate materials. If asbestos is disturbed it can release dangerous fine particles of dust containing asbestos fibres. Breathing in dust containing elevated levels of asbestos fibres can cause asbestosis, lung cancer and mesothelioma.

There are two major groups of asbestos:

·     the serpentine group contains chrysotile, commonly known as white asbestos

·     the amphibole group contains amosite (brown asbestos) and crocidolite (blue asbestos) as well as some other less common types (such as tremolite, actinolite and anthophyllite).

Further information about the different types of asbestos can be found in: Environmental Health Standing Committee (enHealth), Asbestos: A guide for householders and the general public, Australian Health Protection Principal Committee, Canberra, 2013 (available at: www.health.gov.au/internet/publications/publishing.nsf/Content/asbestos-toc~asbestos-about).

In Australia, in the past asbestos was mined and widely used in the manufacture of a variety of materials. Asbestos was gradually phased out of building materials in the 1980s and the supply and installation of asbestos containing goods has been prohibited in Australia since 31 December 2003.

Asbestos legacy materials still exist in many homes, buildings and other assets. It is estimated that 1 in 3 Australian homes contains building materials with asbestos. Where the material containing asbestos is in a non-friable form (or bonded), undisturbed, and painted or otherwise sealed, it may remain safely in place. However, where the asbestos containing material is broken, damaged or mishandled, fibres can become loose and airborne posing a risk to health. Disturbing or removing asbestos unsafely can create a health hazard.

It is often difficult to identify the presence of asbestos by sight. If you are in doubt, it is best to assume that you are dealing with asbestos and take every precaution. The most accurate way to find out whether a material contains asbestos is to obtain an asbestos inspection by a person competent in the identification and assessment of asbestos such as an occupational hygienist. It can be unsafe for an unqualified person to take a sample of asbestos. Licensed asbestos removalists can be found by using the telephone directory. Council encourages residents to ask the contractor for a copy of their licence prior to engaging them. Residents can then check with SafeWork NSW (phone 13 10 50) to confirm the contractor has the appropriate class of licence for the asbestos removal job.

2.        Where is asbestos found?

Asbestos can be found where it occurs naturally and in a variety of materials (from prior to 2004) in residential, commercial and industrial premises and on public and private land.

2.1       Naturally occurring asbestos

Naturally occurring asbestos refers to the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil.

Asbestos is found as a naturally occurring mineral in many areas of NSW. Asbestos may occur in veins within rock formations. The map provided in Appendix L gives an indication of areas in NSW known to have naturally occurring asbestos. The Nambucca LGA has a deposit of Tremolite located in the area of Bull creek, Thumb Creek. There also is a reef of possible asbestos containing material starting in the Burrapine area, stretching to the northwest through the localities known as Killiekrankie and Brinerville.

Work processes that have the potential to inadvertently release naturally occurring asbestos into the air include:

·     agriculture

·     forestry

·     landscaping

·     mining

·     other excavation or construction activities

·     pipe works and telecommunications works

·     road construction and road works.

Further information can be found in this policy under section 5 and in the Naturally-occurring asbestos fact sheet (catalogue no. WC03728) published by SafeWork NSW, which provides a photograph of naturally occurring asbestos. The SafeWork NSW website provides further information on naturally occurring asbestos and supporting documents on what people can do to avoid contact with naturally occurring asbestos.

2.2       Residential premises

As a general rule, a house built:

·     Before the mid 1980s – is highly likely to contain asbestos containing products.

·     Between the mid 1980s and 1990 – is likely to contain asbestos containing products.

·     After 1990 – is unlikely to contain asbestos containing products. However, some houses built in the 1990s and early 2000s may have still used asbestos cement materials until the total ban on any activity involving asbestos products became effective from December 2003.

Pipelines installed prior to 1992, particularly black surface coated and grey surface pipes, may contain asbestos.

It is important to note, the most accurate way to find out whether a material contains asbestos is by engaging a licensed asbestos removalist or occupational hygienist to inspect and arrange testing where necessary.

Fibre cement sheeting, commonly known as ‘fibro’, ‘asbestos sheeting’ or ‘AC sheeting’ (asbestos containing sheeting) is the most commonly found legacy asbestos material in residential premises. Other asbestos containing materials were used in ‘fibro’ houses but also found in brick and timber housing stock from that period. Asbestos materials were sold under a range of commercial names. Some asbestos containing materials found in New South Wales domestic settings are listed in Appendix J.

Common places where asbestos is likely to be found in and around homes include:

Outside

·     backyard garden sheds, carports, garages and dog kennels

·     electrical meter boards

·     imitation brick cladding

·     lining under eaves

·     wall and roof materials (flat, patterned or corrugated asbestos sheeting).

Inside

·     insulation materials in heaters and stoves

·     interior walls and sheeting

·     sheet materials in wet areas (bathroom, toilet and laundry walls, ceilings and floors)

·     vinyl floor tiles, the backing to cushion vinyl flooring and underlay sheeting for ceramic tiles including kitchen splashback.

Asbestos can also be found in:

·     angle mouldings (internal and external)

·     board around windows and fireplaces

·     brake pads and clutch pads to vehicles

·     buried and dumped waste materials

·     carpet underlay

·     ceilings (ceiling tiles or sprayed coatings or loose in the ceiling cavity and may have moved to wall cavities, cornices and sub-floor areas)

·     cement flooring

·     external toilets

·     fencing

·     guttering, downpipes and vent pipes

·     inside appliances eg irons, whitegoods

·     gable ends

·     outbuildings

·     ridge capping

·     swimming pools – reinforcing marble swimming pools

·     ventilators – internal and external.

Other places asbestos can be found are listed in Appendix J.

2.3       Commercial and industrial premises

In commercial and industrial premises, asbestos may be found in the abovementioned places and also:

·     asbestos rope or fabric in expansion joints (for example exhaust flues) and insulation

·     bitumous waterproof membrane on flat roofs

·     brake disc pads and brake linings

·     cloth, tapes, ropes and gaskets for packing

·     electrical switchboards and duct heater units

·     fillers and filters

·     fire doors

·     lagging on pipes such as heater flues

·     lift motor rooms

·     pipes, casing for water and electrical/ telecommunication services

·     rubber, plastics, thermosetting resins, adhesives, paints, coatings, caulking compounds and sealants for thermal, electrical and insulation applications

·     structural beams of buildings

·     yarns and textiles eg fire blankets.

Other places asbestos can be found are listed in Appendix J.

2.4       Sites contaminated with asbestos

Contamination of soils from asbestos or asbestos containing materials can present a risk in urban and rural environments if the asbestos can give rise to elevated levels of airborne fibres that people can breathe. Whilst buried material may not give rise to airborne asbestos fibres if securely contained, inappropriate disturbance of this waste could give rise to harmful levels of asbestos fibres in air. Activities such as those listed in section 3 of this Appendix have the potential to encounter and disturb asbestos waste or contamination, particularly where the contamination is not known to be present at the site or has not been appropriately considered.

2.4.1    Situations where asbestos contamination may occur

Situations where asbestos contamination may occur include:

·     industrial land, eg, asbestos-cement manufacturing facilities, former power stations, and rail and ship yards, especially workshops and depots

·     waste disposal or dumping sites, including sites of illegal dumping eg, building waste

·     sites with infill or burial of asbestos waste from former asbestos mining or manufacture processes

·     buildings or structures damaged by fire or storm (particularly likely for those with pre-1980s building materials but also possible for those with materials from prior to 2004)

·     land with fill or foundation material of unknown composition

·     sites where buildings or structures have been constructed from asbestos containing material or where asbestos may have been used as insulation material, eg, asbestos roofing, sheds, garages, reservoir roofs, water tanks, boilers and demolition waste has been buried onsite

·     sites where buildings or structures have been improperly demolished or renovated, or where relevant documentation is lacking (particularly likely for those with pre-1980s building materials but also those with materials from prior to 2004)

·     disused services with asbestos containing piping such as water pipes (including sewage systems, water services and irrigation systems), underground electrical and telephone wires and telecommunications trenches or pits (usually within 1 metre of the surface).

2.4.2    Significantly contaminated land

For sites that are significantly contaminated, the EPA and SafeWork NSW are the lead regulatory authorities. The Contaminated Land Management Act 1997 applies to significantly contaminated land. In general, significant contamination is usually associated with former asbestos processing facilities or where large quantities of buried friable asbestos waste has been uncovered and is giving rise to measureable levels of asbestos fibres in air. Such sites require regulatory intervention to protect community health where the source of the contamination is not being addressed by the responsible person. The Environment Protection Authority has details of sites that have been nominated as significantly contaminated on its Public Register at: www.epa.nsw.gov.au/clm/publiclist.htm

If land is contaminated but not determined to be ‘significant enough to warrant regulation’ then the Contaminated Land Management Act 1997 does not apply. In such cases the provisions within the planning legislation and/or the Protection of the Environment Operations Act 1997 may be the appropriate mechanism for management of such contamination.

Guidance on assessing land can be found in the document: Guidelines on the duty to report contamination under the Contaminated Land Management Act 1997.

3.        Potentially hazardous activities

A number of activities could cause asbestos to be inadvertently disturbed and consequently create a health risk.

Before undertaking any of the activities listed below, it should be considered whether asbestos containing materials may be present. If asbestos is present, these activities may be illegal or certain precautions may be required, or an appropriately licensed person may be required to undertake the activity.

Members of the public could inadvertently disturb asbestos through activities including:

·     renovations, refurbishments or repairs particularly those involving power tools, boring, breaking, cutting, drilling, grinding, sanding or smashing asbestos containing materials

·     sealing, painting, brushing and cleaning asbestos cement products

·     demolitions of homes or other structures (dismantling or destruction)

·     relocating a house, building or structure

·     using compressed air on asbestos containing materials

·     water blasting asbestos containing materials

·     cleaning gutters on asbestos cement roofs

·     handling asbestos cement conduits or boxes

·     maintenance work such as plumbing and electrical work on or adjacent to asbestos containing materials such as working on electrical mounting boards

·     maintenance or servicing of materials from vehicles, plant or equipment

·     checking, removing or replacing ceiling insulation which contains asbestos.

Council could inadvertently disturb asbestos through activities such as:

·     abovementioned activities

·     asset and building maintenance

·     certifying

·     inspections of sites and premises

·     transport and disposal of illegally dumped materials

·     collection, transport and disposal of incorrectly disposed of materials.

Naturally occurring asbestos and contaminated sites could be inadvertently disturbed during:

·     road building

·     site and construction work

·     other excavation activities

·     vehicle movements.

Natural processes can create a risk of exposure to asbestos including:

·     extensive fire or storm damage to asbestos cement roofs or building materials

·     extensive weathering and etching of unsealed asbestos cement roofs.

In addition, work that intentionally disturbs asbestos, such as sampling or removal, should be conducted by a competent person and in accordance with the relevant codes of practice and legislation.

4.        Health hazards

Asbestos fibres can pose a risk to health if airborne, as inhalation is the main way that asbestos enters the body. The World Health Organisation has stated that concentrations of asbestos in drinking water from asbestos cement pipes do not present a hazard to human health.

Breathing in asbestos fibres can cause asbestosis, lung cancer and mesothelioma. The risk of contracting these diseases increases with the number of fibres inhaled and the risk of lung cancer from inhaling asbestos fibres is greatly increased if you smoke. Small fibres are the most dangerous and they are invisible to the naked eye. People who are at most risk are those who have been exposed to high levels of asbestos for a long time. The symptoms of these diseases do not usually appear for some time (about 20 to 30 years) after the first exposure to asbestos.

Asbestosis is the irreversible scarring of lung tissue that can result from the inhalation of substantial amounts of asbestos over a period of years. It results in breathlessness that may lead to disability and, in some case, death.

Lung cancer can be caused by asbestos. Lung cancer is related to the amount of fibre that is breathed in and the risk of lung cancer is greatly increased in those who also smoke tobacco.

Mesothelioma is a cancer of the pleura (outer lung lining) or the peritoneum (the lining of the abdominal cavity). Mesothelioma rarely occurs less than 15 years from first exposure, and most cases occur over 30 years after first exposure. Accordingly, the rates of malignant mesothelioma (an incurable cancer) are expected to rise from the year 2012 to 2020 and are expected to peak in this time.

If asbestos fibres are in a stable material, for example bonded in asbestos-cement sheeting (such as fibro), and these materials are in good condition they pose little health risk. However, where fibro or other non-friable asbestos sheeting is broken, damaged or mishandled, fibres can become loose and airborne posing a risk to health. Disturbing or removing asbestos containing materials unsafely can create a hazard.

The occupational standard for asbestos is 0.1fibre/ml of air and the environmental standard is 0.01fibre/ml in air.

When someone has potentially been exposed to asbestos, or receives or expects they may receive a diagnosis of an asbestos-related disease, they may experience psychological distress, including anxiety and may be in need of support. Their family and those around them may also be vulnerable to psychological distress.

Appendix B – Further information

Aboriginal communities

Illegal dumping prevention and clean-up. Handbook for Aboriginal communities, 2008 (EPA) www.epa.nsw.gov.au/illegaldumping/resources.htm

Asbestos contractors

Choosing an asbestos consultant fact sheet (catalogue no. WC04547) (SafeWork NSW) www.safework.nsw.gov.au/formspublications/publications/Pages/Choosinganasbestosconsultant.aspx

For a listing of asbestos removal contractors in your area, refer to your local telephone directory or the Yellow Pages www.yellowpages.com.au or by contacting the Asbestos Removal Contractors Association NSW (ARCA) www.arcansw.asn.au or by emailing: email@arcansw.asn.au. An asbestos removal contractor’s licence can be verified by contacting the SafeWork NSW’s Certification Unit on 13 10 50.

Asbestos waste

Advice about safely disposing of household asbestos waste can be found at: www.epa.nsw.gov.au/managewaste/house-asbestos.htm

Asbestos waste disposal facility search function on the Asbestos Safety and Eradication Agency website: www.asbestossafety.gov.au/search-disposal-facilities

Crackdown on Illegal Dumping: A Handbook for Local Government, 2007 (EPA) www.epa.nsw.gov.au/illegaldumping/resources.htm

Illegally Dumped Asbestos Clean Up Program (IDACUP): Council may become involved in clean up activities of illegally dumped asbestos waste. Where the responsible party is unknown, unavailable, unwilling (despite a legal obligation to do so) or unable to pay for clean up within the timeframe required to avoid or at least minimise harm to the environment or public health, Council may apply for funding under the IDACUP. Information about the IDACUP is available at www.environment.nsw.gov.au/grants/IDACUP.htm

Regional Illegal Dumping (RID) Squads: are regionally based teams that specialise in dealing with illegal dumping. The squads are funded by the EPA and the member local councils who opt to work together and pool resources to tackle illegal dumping.

RIDonline is a statewide illegal dumping database and reporting tool to assist councils and the EPA develop a comprehensive picture of the extent of illegal dumping in NSW. Members of the community can assist by reporting illegal dumping online through the RIDOnline App, available for the public to download in February 2016.

For more information on illegal dumping and safely disposing of asbestos waste visit the EPA website: www.epa.nsw.gov.au

Management of asbestos in recycled construction and demolition waste, 2010 (SafeWork NSW) www.safework.nsw.gov.au/__data/assets/pdf_file/0017/18323/asbestos_recycled_construction_demolition_waste_2772.pdf

Contaminated land

Guidelines on the duty to report contamination under the Contaminated Land Management Act 1997, 2015 (EPA). www.epa.nsw.gov.au/resources/clm/150164-report-land-contamination-guidelines.pdf

Managing land contamination: Planning guidelines SEPP 55 – Remediation of land, 1998 (Department of Planning and Environment and EPA)
www.epa.nsw.gov.au/resources/clm/gu_contam.pdf

Emergency management

Guidance Material: Asbestos and Fire-damaged Buildings, 2015 (EPA) www.epa.nsw.gov.au/resources/waste/asbestos/150044-asbestos-fire-damaged-buildings.pdf

NSW Asbestos Emergency Plan: The NSW Asbestos Emergency sub plan details the specific arrangements for the coordinated funding and management of asbestos debris during and following a larger scale emergency, being an event that requires a significant and coordinated response, where the presence of asbestos containing material in the community poses a significant risk to public health and safety. www.emergency.nsw.gov.au/publications/plans/sub-plans/asbestos.html

Environmental risk assessment

Environmental health risk assessment: Guidelines for assessing human health risks from environmental hazards, 2002 (Commonwealth of Australia)

Available via email by contacting the enHealth Secretariat: enHealth.Secretariat@health.gov.au

Health

Asbestos and health risks fact sheet, 2007 (NSW Health) www.health.nsw.gov.au/environment/factsheets/Pages/asbestos-and-health-risks.aspx

Further advice concerning the health risks of asbestos can be obtained from your local public health unit.

Renovation and development

Asbestos: A guide for householders and the general public, Environmental Health Standing Committee (enHealth), Australian Health Protection Principal Committee, Canberra, 2013 (available at: www.health.gov.au/internet/publications/publishing.nsf/Content/asbestos-toc~asbestos-about).

Asbestos Awareness website (Asbestos Education Committee)
www.asbestosawareness.com.au

Choosing and working with a principal certifying authority: A guide for anyone planning to build or subdivide, 2011 (Building Professionals Board)
www.bpb.nsw.gov.au/sites/default/files/public/Finalbuildingappbroch.pdf

Practical guidance

Code of practice on how to manage and control asbestos in the workplace (catalogue no. WC03560) published by SafeWork NSW
www.safework.nsw.gov.au/__data/assets/pdf_file/0015/15216/how-to-manage-control-asbestos-workplace-code-of-practice-3560.pdf

Code of practice on how to safely remove asbestos (catalogue no. WC03561) published by SafeWork NSW www.safework.nsw.gov.au/__data/assets/pdf_file/0016/15217/how-to-safely-remove-asbestos-code-of-practice-3561.pdf

Tenants

Tenants rights Fact sheet 26 Asbestos and lead, 2010 (Tenants NSW)
www.tenants.org.au/publish/factsheet-26-asbestos-lead/index.php

Tenants – Housing NSW tenants

Asbestos fact sheet, 2010 (Housing NSW)
www.housing.nsw.gov.au/NR/rdonlyres/F4E1131F-2764-4CB1-BC07-98EB6C594085/0/Asbestos.pdf

Appendix C – Definitions

The terms used in the policy are defined as below, consistent with the definitions in the:

·     Code of practice on how to manage and control asbestos in the workplace (catalogue no. WC03560) published by SafeWork NSW

·     Code of practice on how to safely remove asbestos (catalogue no. WC03561) published by SafeWork NSW

·     Contaminated Land Management Act 1997

·     Environmental Planning and Assessment Act 1979

·     Emergency Pollution and Orphan Waste Clean-Up Program Guidelines 2008

·     Protection of the Environment Operations Act 1997

·     Waste classification guidelines part 1 classifying waste 2008

·     NSW Work Health and Safety Act 2011

·     NSW Work Health and Safety Regulation 2011.

accredited certifier in relation to matters of a particular kind, means the holder of a certificate of accreditation as an accredited certifier under the Building Professionals Act 2005 in relation to those matters.

airborne asbestos means any fibres of asbestos small enough to be made airborne. For the purposes of monitoring airborne asbestos fibres, only respirable fibres are counted.

asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock forming minerals including the following:

a.   actinolite asbestos

b.   grunerite (or amosite) asbestos (brown)

c.   anthophyllite asbestos

d.   chrysotile asbestos (white)

e.   crocidolite asbestos (blue)

f.   tremolite asbestos

g.   a mixture that contains 1 or more of the minerals referred to in paragraphs (a) to (f).

asbestos containing material (ACM) means any material or thing that, as part of its design, contains asbestos.

asbestos-contaminated dust or debris (ACD) means dust or debris that has settled within a workplace and is, or is assumed to be, contaminated with asbestos.

asbestos-related work means work involving asbestos that is permitted under the Work Health and Safety Regulation 2011, other than asbestos removal work.

asbestos removal licence means a Class A asbestos removal licence or a Class B asbestos removal licence.

asbestos removal work means:

a.   work involving the removal of asbestos or asbestos containing material, or

b.   Class A asbestos removal work or Class B asbestos removal work.

asbestos removalist means a person conducting a business or undertaking who carries out asbestos removal work.

asbestos waste means any waste that contains asbestos. This includes asbestos or asbestos containing material removed and disposable items used during asbestos removal work including plastic sheeting and disposable tools.

certifying authority means a person who is authorised by or under section 85A of the Environmental Planning and Assessment Act 1979 to issue complying development certificates, or is authorised by or under section 109D of the Environmental Planning and Assessment Act 1979 to issue part 4A certificates.

Class A asbestos removal licence means a licence that authorises the carrying out of Class A asbestos removal work and Class B asbestos removal work by or on behalf of the licence holder.

Class A asbestos removal work means the removal of friable asbestos which must be licensed under clause 485 of the Work Health and Safety Regulation 2011. This does not include: the removal of ACD that is associated with the removal of non-friable asbestos, or ACD that is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.

Class B asbestos removal licence means a licence that authorises the carrying out of Class B asbestos removal work by or on behalf of the licence holder.

Class B asbestos removal work means the removal of more than 10 square metres of non-friable asbestos or asbestos containing material work that is required to be licensed under clause 487, but does not include Class A asbestos removal work.

competent person means: a person who has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice and holds:

a.   a certification in relation to the specified VET course for asbestos assessor work, or

b.   a tertiary qualification in occupational health and safety, occupational hygiene, science, building, construction or environmental health.

complying development is a fast track, 10 day approval process where a building meets all of the predetermined standards established in either a state or local council planning document. A complying development certificate can be issued by either a local council or an accredited certifier.

complying development certificate

contaminant means any substance that may be harmful to health or safety.

contamination of land means the presence in, on or under the land of a substance at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment

control measure, in relation to a risk to health and safety, means a measure to eliminate or minimise the risk.

demolition work means work to demolish or dismantle a structure, or part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, but does not include:

a.   the dismantling of formwork, falsework, or other structures designed or used to provide support, access or containment during construction work, or

b.   the removal of power, light or telecommunication poles.

development means:

a.   the use of land

b.   the subdivision of land

c.   the erection of a building

d.   the carrying out of a work

e.   the demolition of a building or work

f.   any other act, matter or thing referred to in section 26 of the Environmental Planning and Assessment Act 1979 that is controlled by an environmental planning instrument.

development application means an application for consent under part 4 of the Environmental Planning and Assessment Act 1979 to carry out development but does not include an application for a complying development certificate.

emergency service organisation includes any of the following:

a.   the Ambulance Service of NSW

b.   Fire and Rescue NSW

c.   the NSW Rural Fire Service

d.   the NSW Police Force

e.   the State Emergency Service

f.   the NSW Volunteer Rescue Association Inc

g.   the NSW Mines Rescue Brigade established under the Coal Industry Act 2001

h.   an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.

exempt development means minor development that does not require any planning or construction approval because it is exempt from planning approval.

exposure standard for asbestos is a respirable fibre level of 0.1 fibres/ml of air measured in a person’s breathing zone and expressed as a time weighted average fibre concentration calculated over an eight-hour working day and measured over a minimum period of four hours in accordance with the Membrane Filter Method or a method determined by the relevant regulator.

friable asbestos means material that:

a.   is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry

b.   contains asbestos.

health means physical and psychological health.

health monitoring, of a person, means monitoring the person to identify changes in the person’s health status because of exposure to certain substances.

independent, in relation to clearance inspections and air monitoring means:

a.   not involved in the removal of the asbestos

b.   not involved in a business or undertaking involved in the removal of the asbestos, in relation to which the inspection or monitoring is conducted.

in situ asbestos means asbestos or asbestos containing material fixed or installed in a structure, equipment or plant, but does not include naturally occurring asbestos.

licence holder means: in the case of an asbestos assessor licence – the person who is licensed:

a.   to carry out air monitoring during Class A asbestos removal work

b.   to carry out clearance inspections of Class A asbestos removal work

c.   to issue clearance certificates in relation to Class A asbestos removal work, or

·      in the case of an asbestos removal licence – the person conducting the business or undertaking to whom the licence is granted, or

·      in the case of a major hazard facility licence – the operator of the major hazard facility to whom the licence is granted or transferred.

licensed asbestos assessor means a person who holds an asbestos assessor licence.

licensed asbestos removalist means a person conducting a business or undertaking who is licensed under the Work Health and Safety Regulation 2011 to carry out Class A asbestos removal work or Class B asbestos removal work.

licensed asbestos removal work means asbestos removal work for which a Class A asbestos removal licence or Class B asbestos removal licence is required.

NATA means the National Association of Testing Authorities, Australia.

NATA-accredited laboratory means a testing laboratory accredited by NATA, or recognised by NATA either solely or with someone else.

naturally occurring asbestos means the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil.

non-friable asbestos means material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound.

Note. Non-friable asbestos may become friable asbestos through deterioration (see definition of friable asbestos).

occupational hygienist means a person with relevant qualifications and experience in asbestos management who is a full member of the Australian Institute of Occupational Hygienists (AIOH).

occupier includes a tenant or other lawful occupant of premises, not being the owner.

officer means an officer as defined in the NSW Work Health and Safety Act 2011.

orphan waste means materials that have been placed or disposed of on a premises unlawfully that may have the potential to pose a risk to the environment or public health.

person conducting a business or undertaking a ‘person’ is defined in laws dealing with interpretation of legislation to include a body corporate (company), unincorporated body or association and a partnership.

personal protective equipment means anything used or worn by a person to minimise risk to the person’s health and safety, including air supplied respiratory equipment.

respirable asbestos fibre means an asbestos fibre that:

a.   is less than three micrometres wide

b.   more than five micrometres long

c.   has a length to width ratio of more than 3:1.

specified VET course means:

a.   in relation to Class A asbestos removal work – the following VET courses:

·      remove non-friable asbestos

·      remove friable asbestos, or

b.   in relation to Class B asbestos removal work – the VET course Remove non-friable asbestos, or

c.   in relation to the supervision of asbestos removal work – the VET course Supervise asbestos removal, or

d.   in relation to asbestos assessor work – the VET course Conduct asbestos assessment associated with removal.

structure means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes:

a.   buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels)

b.   any component of a structure

c.   part of a structure

d.   volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).

waste includes:

·     any substance (whether solid, liquid or gaseous) that is discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment, or

·     any discarded, rejected, unwanted, surplus or abandoned substance, or

·     any otherwise discarded, rejected, unwanted, surplus or abandoned substance intended for sale or for recycling, processing, recovery or purification by a separate operation from that which produced the substance, or

·     any process, recycled, re-used or recovered substance produced wholly or partly from waste that is applied to land, or used as fuel, but only in the circumstances prescribed by the regulations, or

·     any substance prescribed by the regulations made under the Protection of the Environment Operations Act 1997 to be waste.

waste facility means any premises used for the storage, treatment, processing, sorting or disposal of waste (except as provided by the regulations).

worker a person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as:

a.   an employee, or

b.   a contractor or subcontractor, or

c.   an employee of a contractor or subcontractor, or

d.   an employee of a labour hire company who has been assigned to work in the person’s business or undertaking, or

e.   an outworker, or

f.   an apprentice or trainee, or

g.   a student gaining work experience, or

h.   a volunteer, or

i.    a person of a prescribed class.

workplace a workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work. Place includes: a vehicle, vessel, aircraft or other mobile structure, and any waters and any installation on land, on the bed of any waters or floating on any waters.

Appendix D – Acronyms

ACD            Asbestos Containing Dust (an acronym used in the legislation)

ACM            Asbestos Containing Material (an acronym used in the legislation)

ARA            Appropriate Regulatory Authority (an acronym used in the legislation)

DA              Development Application

EPA            Environment Protection Authority

JRPP           Joint Regional Planning Panel

LGA             Local Government Area

NATA           National Association of Testing Authorities

NSW            New South Wales

SEPP          State Environmental Planning Policy

VET             Vocational Education and Training

Appendix E – Relevant contacts

Nambucca Shire Council

Administration Centre

44 Princess Street

Macksville NSW 2447

Phone: (02) 6568 2555

Email: council@nambucca.nsw.gov.au

Website: www.nambucca.nsw.gov.au

 

Waste Management Facility

711 Old Coast Road

Nambucca Heads NSW 2448

Phone: (02) 6568 2170

 

 

Asbestos-related disease organisations (non-exhaustive)

Asbestos Diseases Foundation Australia Inc

Phone: (02) 9637 8759
Helpline: 1800 006 196
Email: info@adfa.org.au
Website: www.adfa.org.au

Asbestos Diseases Research Institute

Phone: (02) 9767 9800
Email: info@adri.org.au
Website: www.adri.org.au

Australian Institute of Occupational Hygienists Inc.

Phone: (03) 9338 1635
Email: admin@aioh.org.au
Website: www.aioh.org.au

Dust Diseases Authority

Phone: (02) 8223 6600
Toll Free: 1800 550 027
Email: DDAenquiries@icare.nsw.gov.au
Website: www.icare.nsw.gov.au

Environment Protection Authority (EPA)

Phone: (02) 9995 5000
Environment line: 13 15 55
Email: info@epa.nsw.gov.au
Website: www.epa.nsw.gov.au/epa

Licensed Asbestos Contractors

For a listing of asbestos removal contractors in your area, refer to your local telephone directory or the
Yellow Pages website: www.yellowpages.com.au or contact:

Asbestos Removal Contractors Association NSW

PO Box Q1882
Queen Victoria Building
NSW 1230
Email: email@arcansw.asn.au
Website: www.arcansw.asn.au

Verification of an asbestos removal contractor’s licence can be checked by contacting SafeWork NSW’s Certification Unit Phone: 13 10 50

Civil Contractors Federation (CCF)

Phone: (02) 9009 4000
Email: ccfnsw@ccfnsw.com
Website: www.ccfnsw.com/

Local Government NSW

Phone: (02) 9242 4000
Email: lgnsw@lgnsw.org.au
Website: www.lgnsw.org.au

NSW Ombudsman

Phone: (02) 9286 1000
Toll free (outside Sydney metro): 1800 451 524
Email: nswombo@ombo.nsw.gov.au
Website: www.ombo.nsw.gov.au

Training providers (non-exhaustive)

TAFE NSW

Phone: 131 601
Website: www.tafensw.edu.au

Housing Industry Association (HIA)

Phone: (02) 9978 3333
Website: www.hia.com.au/

Local Government Training Institute

Phone: (02) 4922 2333
Website: www.lgti.com.au

Comet Training

Phone: (02) 9649 5000
Website: www.comet-training.com.au/site

Master Builders Association (MBA)

Phone: (02) 8586 3521
Website: www.masterbuilders.com.au

SafeWork NSW

SafeWork NSW Information Centre Phone: 13 10 50
SafeWork NSW – Asbestos/Demolition Hotline Phone: (02) 8260 5885
Website: www.safework.nsw.gov.au

Appendix F – Waste management facilities that accept asbestos wastes

Waste management facilities that can accept asbestos waste may be operated by council, the State Government or private enterprise. The fees charged by the facility operators for waste received are determined by the facility.

Not all waste management centres accept asbestos waste from the public. Management of asbestos waste requires special precautions such as a separate disposal location away from other general waste and controls to prevent the liberation of asbestos fibres, such as the immediate covering of such waste.

Waste management facilities in the LGA that accept asbestos wastes

Council’s Waste Management Facility does accept asbestos waste. 24 hours’ notice must be provided.

The Facility is located at 711 Old Coast Road, Nambucca Heads and can be contacted on (02) 6568 2170.

Waste management facilities in other areas that accept asbestos wastes

A list of licensed landfills that may accept asbestos waste from the public is available on the EPA website at: www.epa.nsw.gov.au/managewaste/house-asbestos-land.htm

Some of the landfills may accept non-friable asbestos waste but not friable asbestos waste. Some landfills may not accept large quantities of asbestos waste.

Always contact the landfill before taking asbestos waste to a landfill to find out whether asbestos is accepted and any requirements for delivering asbestos to the landfill. EPA does not endorse any of the landfills listed on the website or guarantee that they will accept asbestos under all circumstances.

Appendix G – Asbestos-related legislation, policies and standards

·     Contaminated Land Management Act 1997

·     Code of practice on how to manage and control asbestos in the workplace (catalogue no. WC03560) published by SafeWork NSW

·     Code of practice on how to safely remove asbestos (catalogue no. WC03561) published by SafeWork NSW

·     Demolition work code of practice 2015

·     Environmental Planning and Assessment Act 1979

·     Environmental Planning and Assessment Regulation 2000

·     Local Government Act 1993

·     Local Government (General) Regulation 2005

·     Protection of the Environment Operations (General) Regulation 2009

·     Protection of the Environment Operations (Waste) Regulation 2014

·     Protection of the Environment Operations Act 1997

·     State Environmental Planning Policy No. 55 – Remediation of Land

·     State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

·     NSW Work Health and Safety Act 2011

·     NSW Work Health and Safety Regulation 2011

·     Workers’ Compensation (Dust Diseases) Act 1942.

Appendix H – Agencies roles and responsibilities

NSW organisations

Department of Planning and Environment (DPE) 

DPE’s primary role in the management of asbestos relates to administration of State Environmental Planning Policies, and the Environmental Planning and Assessment Act 1979 (and associated Regulation).

Whilst DPE does not have an operational role in the management of asbestos, it has a regulatory function and provides policy support relating to asbestos and development. In assessing proposals for development under the Environmental Planning and Assessment Act 1979, consent authorities are required to consider the suitability of the subject land for the proposed development. This includes consideration of the presence of asbestos and its environmental impact.

Where asbestos represents contamination of the land (ie it is present in excess of naturally occurring levels), State Environmental Planning Policy No. 55 – Remediation of Land imposes obligations on developers and consent authorities in relation to remediation of the land and the assessment and monitoring of its effectiveness.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 enables exempt and complying development across the state. While this includes demolition and the removal of asbestos, the Environmental Planning and Assessment Regulation 2000 specifies particular conditions that must be contained in a complying development certificate in relation to the handling and lawful disposal of both friable and non-friable asbestos material under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Dust Diseases Authority (DDA)

The Dust Diseases Authority provides a system of no fault compensation to people who have developed a dust disease from occupational exposure to dust as a worker in New South Wales and to their dependants. The DDA’s statutory function is to administer the Workers’ Compensation (Dust Diseases) Act 1942. Services include:

·     payment of compensation benefits to eligible workers and dependants

·     co-ordination and payment of medical and related health care expenses of affected

·     medical examination of workers exposed to dust in the workplace

·     information and education.

Environment Protection Authority (EPA)

EPA’s role is to regulate the classification, storage, transport and disposal of waste in NSW, including asbestos waste. The waste regulatory framework includes the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2014. Clauses 77 through to 81 of the Protection of the Environment Operations (Waste) Regulation 2014 set out the special requirements relating to the transportation and disposal of asbestos waste.

EPA is the appropriate regulatory authority for activities that require an environment protection licence or are carried out by public authorities such as local councils, the Roads and Maritime Services and Sydney Water. Local councils are the appropriate regulatory authority for activities that are not regulated by the EPA, which typically include building demolition, construction sites, residential properties, commercial sites and small to medium sized industrial facilities.

EPA is responsible for assisting councils in fulfilling their regulatory responsibilities. EPA has developed resources to assist Local Government to regulate asbestos waste incidents and prevent illegal dumping. Website links to these resources are provided in Appendix B.

The EPA maintains the regulatory framework for the remediation of contaminated land (the Contaminated Land Management Act 1997) and actively regulates land that is declared to be ‘significantly contaminated’ under the Contaminated Land Management Act 1997.

 

Heads of Asbestos Coordination Authorities (HACA)

The HACA is chaired by SafeWork NSW with senior officials from:

·     Department of Industry

·     Department of Planning and Environment

·     Dust Diseases Authority

·     Environment Protection Authority

·     Local Government NSW

·     Ministry of Health

·     Office of Emergency Management

·     Office of Local Government.

The HACA group will improve the management, monitoring and response to asbestos issues in NSW by developing coordinated prevention programs. These programs include a comprehensive public awareness campaign to promote the safe handling of asbestos and help prevent the risk of exposure to asbestos-related diseases in the NSW community. Further information about the HACA can be found on the SafeWork NSW website: www.safework.nsw.gov.au.

Local Government NSW (LGNSW)

Local Government NSW (LGNSW) is the peak body for councils in NSW. LGNSW represents all NSW general-purpose councils, the special-purpose county councils and the NSW Aboriginal Land Council.

LGNSW is a credible, professional organisation facilitating the development of an effective community-based system of Local Government in NSW. LGNSW represents the views of councils to NSW and Australian Governments; provides industrial relations and specialist services to councils; and promotes NSW councils to the community.

In 2012, LGNSW commenced a project funded by SafeWork NSW to assist councils to adopt and implement a model asbestos policy. The project is outlined at: www.lgnsw.org.au

NSW Department of Industry

The NSW Department of Industry, Skills and Regional Development (known as the NSW Department of Industry) leads the state government's contribution to making NSW:

·     a fertile place to invest and to produce goods and services, and thereby

·     create jobs and opportunities for our citizens

The NSW Department of Industry also has responsibilities for:

·     skill formation and development to match industry demand

·     partnering with stakeholders in stewardship and sustainable use of the state's natural resources; and

·     supporting economic growth in the regions.

Within the Division of Resources & Energy in the Department, the Geological Survey of NSW teams of field geologists, geophysicists, mineral geoscientists and palaeontologists and geospatial specialists produce a range of maps. Geological mapping records the distribution of rock types and location of structures at or near the Earth's surface. The maps have applications to land use assessment, engineering construction, environmental management and natural hazard risk assessment.

The Geological Survey of NSW prepared the state-wide mapping of naturally occurring asbestos (NOA) in NSW for the Heads of Asbestos Coordination Authorities.

NSW Ministry of Health

The NSW Ministry of Health does not have express statutory responsibilities for managing asbestos-related risks and incidents in NSW. The Ministry provides an expert advisory service to other governmental agencies on public health issues. This service may include technical information or assistance to prepare public health information bulletins.

NSW Ombudsman

The NSW Ombudsman is an independent and impartial watchdog body. The NSW Ombudsman is responsible for ensuring that public and private sector agencies and employees within its jurisdiction fulfil their functions appropriately. The NSW Ombudsman assists those agencies and their employees to be aware of their responsibilities to the public, to act reasonably and to comply with the law and best administrative practice.

Office of Fair Trading and the Building Professionals Board (BPB)

NSW Fair Trading safeguards the rights of all consumers and advises business and traders on fair and ethical practice. NSW Fair Trading provides services directly to individuals and businesses to create a fair, safe and equitable marketplace.

NSW Fair Trading is establishing a Loose-Fill Asbestos Implementation Taskforce responsible for overseeing and implementing the NSW Government Voluntary Purchase and Demolition Program for properties containing loose-fill asbestos insulation. The Loose-Fill Asbestos Implementation Taskforce will be in place until work is completed on the purchase and demolition of all properties that choose to participate in the Program.

The Building Professionals Board (BPB) is now part of Fair Trading and oversees building and subdivision certification. The BPB’s role involves providing practice advice and educational programs to assist certifying authorities (private and council) in carrying out their role.  The BPB certifies and audits both private and council certifiers. Further information about the BPB may be found at: www.bpb.nsw.gov.au

Office of Local Government

The Office of Local Government is responsible for local government across NSW.  The Office’s organisational purpose is to ‘Strengthen Local Government’ and its organisational outcome is ‘Fit for the future councils leading strong communities’.

The Office has a policy, legislative, investigative and program focus in matters ranging from Local Government finance, infrastructure, governance, performance, collaboration and community engagement. The Office strives to work collaboratively with the Local Government sector and is the key adviser to the NSW Government on Local Government matters.

SafeWork NSW

SafeWork NSW is responsible for the issuing and control of licences that are issued to all asbestos removal and demolition contractors. SafeWork NSW works with the employers, workers and community of NSW to achieve safer and more productive workplaces, and effective recovery, return to work and security for injured workers.

SafeWork NSW administers work health and safety, injury management, return to work and workers compensation laws, and manage the workers compensation system. SafeWork NSW’s activities include: health and safety, injuries and claims, licensing for some types of plant operators, registration of some types of plant and factories, training and assessment, medical and healthcare, law and policy.

The SafeWork NSW website provides a wide range of asbestos resources, support networks and links at: www.SafeWorkNSW.nsw.gov.au/newlegislation2012/health-and-safety-topics/asbestos/Pages/default.aspx

National organisations

Asbestos Safety and Eradication Agency

The Asbestos Safety and Eradication Agency was established in 2013 to provide a national focus on asbestos issues which go beyond workplace safety to encompass environmental and public health issues. The agency’s objective is to eliminate asbestos-related disease in Australia.

The agency has broad functions under its legislation, including:

·     reporting on the implementation of the National Strategic Plan on Asbestos Awareness and Management (NSP); reviewing and amending the NSP as required and promoting the NSP

·     providing advice to the Minister about asbestos safety

·     liaising with all levels of government, agencies or bodies about the implementation of the NSP; as well as asbestos safety in general; and

·     commissioning, monitoring and promoting research about asbestos safety.

The agency administers the National Asbestos Exposure Register which was created to record the details of members of the community who may have been exposed to asbestos. Registration forms are online at https://www.asbestossafety.gov.au/national-asbestos-exposure-register.

The agency also maintains a national database for asbestos disposal facilities, which members of the public can search to identify their nearest facility that accepts asbestos waste, available online at https://www.asbestossafety.gov.au/search-disposal-facilities

Councils interested in finding out more about the agency, updating information listed on the disposal database, or receiving information, flyers or brochures for distribution within the LGA should contact the agency at enquiries@asbestossafety.gov.au.

National Association of Testing Authorities (NATA)

This body has the role of providing accreditation to firms licensed to remove asbestos.

NSW (Head Office) and ACT
Phone: (02) 9736 8222
National Toll Free: 1800 621 666
Website: www.nata.asn.au

Environmental Health Committee (enHealth)

The Environmental Health Committee (enHealth) is a subcommittee of the Australian Health Protection Committee (AHPC). enHealth provides health policy advice, implementation of the National Environmental Health Strategy 2007-2012, consultation with key players, and the development and coordination of research, information and practical resources on environmental health matters at a national level.

Website: www.health.gov.au/internet/main/publishing.nsf/content/ohp-environ-enhealth-committee.htm

Safe Work Australia

Safe Work Australia is an Australian Government statutory agency established in 2009, with the primary responsibility of improving work health and safety and workers’ compensation arrangements across Australia.

Phone: (02) 6121 5317
Email: info@swa.gov.au
Website: www.safeworkaustralia.gov.au

Appendix I – Scenarios illustrating which agencies lead a response in NSW

The tables show which agencies are responsible for regulating the following scenarios in NSW:

·     emergency management

·     naturally occurring asbestos

·     residential settings

·     site contamination

·     waste

·     workplaces.

Emergency management

Scenario

Lead organisation

Other regulators

Emergency response

Emergency services

Fire and Rescue (Hazmat)
SafeWork NSW

Handover to Local council, owner of property or NSW Police – crime scene following a minor incident

Local council
NSW Police

 

Handover to State Emergency Recovery Controller

State Emergency Recovery Controller

Recovery Committee
Local council
EPA
SafeWork NSW

Handover to Recovery Committee following a significant incident

Recovery Committee (formed by State Emergency Recovery Controller)

Local council
EPA
SafeWork NSW

Remediation not requiring a licensed removalist

Local council

Principal Certifying Authority
SafeWork NSW (workers)

Remediation requiring licensed removal work

SafeWork NSW

Local council
Principal Certifying Authority

Clearance Certificate issued by an Asbestos Assessor

SafeWork NSW

Principal Certifying Authority

Naturally occurring asbestos

Scenario

Lead organisation

Other regulators

Naturally occurring but will be disturbed due to a work process including remediation work

SafeWork NSW

Local council
EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities)

Naturally occurring asbestos part of a mineral extraction process

NSW Department of Industry

Local council
EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities)

Naturally occurring but will remain undisturbed by any work practice

Local council

EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities)
SafeWork NSW (workers)

Soil contaminated with asbestos waste and going to be disturbed by a work practice

SafeWork NSW

EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities, declared contaminated land sites)

Soil contaminated with asbestos waste but will remain undisturbed by any work practice

Local council

EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities, declared contaminated land sites)

SafeWork NSW (workers on site)

Potential for exposure on public land

EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities

Local council

SafeWork NSW (workers on site)

Soil contaminated with asbestos waste but at a mine site

NSW Department of Industry
EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities)

Local council

Residential settings

Scenario

Lead organisation

Other regulators

Safe Management of asbestos including:

·   identification

·   in situ management

·   removal requirements

·   disposal requirements.

Local council
Private Certifiers

SafeWork NSW
EPA

Site contaminated due to past uses

Local council

SafeWork NSW
EPA

Licensed removal work required

SafeWork NSW

Local council
Private Certifiers

Removal does not require a licensed removalist

Local council
Private Certifiers

SafeWork NSW (workers)

Transport or waste disposal issues

Local council

EPA

Derelict property with fibro debris

Local council or Multi-agency

Multi-agency

Site contamination

Scenario

Lead organisation

Other regulators

Asbestos illegally dumped

Local council

EPA
SafeWork NSW

Site contamination at commercial premises

See Workplaces

Site contamination at residential premises

See Residential settings

Waste

Scenario

Lead organisation

Other regulators

Waste temporarily stored on-site

SafeWork NSW (worksites)
EPA and Local council (non-worksites)

 

Waste transported by vehicle

EPA

SafeWork NSW

Waste disposed of onsite

Council or EPA as illegal dumping or pollution of land if no valid council development consent

Local council (consent required to dispose onsite) (section 149 property certificate and development assessment process)

Waste going to landfill site

EPA (advice)

Local council (if managing licensed landfill)

Waste to be transported interstate

EPA

 

Waste for export

Department of Immigration and Border Protection

SafeWork NSW
Department of Employment

Workplaces

Scenario

Lead organisation

Other regulators

Asbestos installed/supplied after 2003 (illegally)

SafeWork NSW

 

Risks to the health of workers

SafeWork NSW

 

Asbestos management and asbestos going to be removed

SafeWork NSW
NSW Department of Industry (mine sites)

 

Risks to the health of the public from worksites

SafeWork NSW (Risks to workers)
Local council (Risks to the wider public)
Department of Planning and Infrastructure (part 3A approvals)
EPA (Protection of the Environment Operations Act 1997 licensed sites)

 

Waste stored temporarily on-site at worksites

SafeWork NSW

 

Transport or waste disposal issues

EPA

SafeWork NSW
Local council

Asbestos contaminated clothing going to a laundry

SafeWork NSW

EPA
Local council

Contaminated land not declared under the Contaminated Land Management Act 1997

Local council

EPA

‘Significantly contaminated’ land declared under the Contaminated Land Management Act 1997

EPA

Local council

Appendix J – Asbestos containing materials

Some asbestos containing materials found in New South Wales domestic settings (non-exhaustive list)

Asbestos containing materials

Approximate supply dates

Cement sheets

Imported goods supplied from 1903 locally made ‘fribrolite’ from 1917

Cement roofing / lining slates

Imported goods supplied from 1903 locally made ‘fribrolite’ from 1917

Mouldings and cover strips

Available by 1920s and 1930s

Super-six (corrugated) roofing

Available by 1920s and 1930s – 1985

‘Tilex’ decorative wall panels

Available by 1920s and 1930s

Pipes and conduit piping

Available by 1920s and 1930s

Motor vehicle brake linings

Available by 1920s and 1930s

Striated sheeting

Available from 1957

‘Asbestolux’ insulation boards

Available from 1957

‘Shadowline’ asbestos sheeting for external walls, gable ends and fences

Available from 1958 – 1985

Vinyl floor tiles impregnated with asbestos

Available up until 1960s

Asbestos containing paper backing for linoleum

Available up until 1960s

‘Durasbestos’ asbestos cement products

Available up until 1960s

‘Tilex’ marbletone decorative wall panels

Available from early 1960s

‘Tilex’ weave pattern decorative wall panels

Available from early 1960s

‘Hardiflex’ sheeting

Available from 1960s – 1981

‘Versilux’ building board

Available from 1960s – 1982

‘Hardiplank’ and ‘Hardigrain’ woodgrain sheeting

Available from mid 1970s – 1981

Loose-fill, fluffy asbestos ceiling insulation

During the 1960s and 1970s, pure loose-fill asbestos was sold as ceiling insulation for residential and commercial premises. A Canberra based company known as 'Mr Fluffy' installed insulation in at least 1,000 homes in the ACT and is also understood to have installed insulation into homes in NSW.

Asbestos rope gaskets for wood heaters. Heater and stove insulation

Dates of supply availability unknown but prior to 31 December 2003

Compressed fibro-cement sheets

Available from 1960s – 1984

Villaboard

Available until 1981

Harditherm

Available until 1984

Highline

Available until 1985

Coverline

Available until 1985

Roofing accessories

Available until 1985

Pressure pipe

Available until 1987

Sources:

NSW Government, 2011, Asbestos Blueprint: A guide to roles and responsibilities for operational staff of state and local government.

NSW Taskforce Report: Loose-Fill Asbestos Insulation in NSW Homes (2015) www.fairtrading.nsw.gov.au/biz_res/ftweb/pdfs/Tenants_and_home_owners/Loose_Fill_Abestos_Taskforce_Report.pdf (accessed October, 2015).

Asbestos containing materials that may be found in various settings (non-exhaustive list)

A

Air conditioning duct, in the exterior or interior acoustic and thermal insulation

Arc shields in lift motor rooms or large electrical cabinets

Asbestos-based plastics products as electrical insulates and acid resistant compositions or aircraft seats

Asbestos ceiling tiles

Asbestos cement conduit

Asbestos cement electrical fuse boards

Asbestos cement external roofs and walls

Asbestos cement in the use of form work for pouring concrete

Asbestos cement internal flues and downpipes

Asbestos cement moulded products such as gutters, ridge capping, gas meter covers, cable troughs and covers

Asbestos cement pieces for packing spaces between floor joists and piers

Asbestos cement (underground) pit as used for traffic control wiring, telecommunications cabling etc

Asbestos cement render, plaster, mortar and coursework

Asbestos cement sheet

Asbestos cement sheet behind ceramic tiles

Asbestos cement sheet over exhaust canopies such as ovens and fume cupboards

Asbestos cement sheet internal walls and ceilings

Asbestos cement sheet underlay for vinyl

Asbestos cement storm drain pipes

Asbestos cement water pipes (usually underground)

Asbestos containing laminates, (such as Formica) used where heat resistance is required

Asbestos containing pegboard

Asbestos felts

Asbestos marine board, eg marinate

Asbestos mattresses used for covering hot equipment in power stations

Asbestos paper used variously for insulation, filtering and production of fire resistant laminates

Asbestos roof tiles

Asbestos textiles

Asbestos textile gussets in air conditioning ducting systems

Asbestos yarn

Autoclave/steriliser insulation

B

Bitumen-based water proofing such as malthoid (roofs and floors, also in brickwork)

Bituminous adhesives and sealants

Boiler gaskets

Boiler insulation, slabs and wet mix

Brake disc pads

Brake linings

C

Cable penetration insulation bags (typically Telecom)

Calorifier insulation

Car body filters (uncommon)

Caulking compounds, sealant and adhesives

Ceiling insulation (which may have moved into wall cavities, cornices and sub-floor areas)

Cement render

Chrysotile wicks in kerosene heaters

Clutch faces

Compressed asbestos cement panels for flooring, typically verandas, bathrooms and steps for demountable buildings

Compressed asbestos fibres (CAF) used in brakes and gaskets for plant and automobiles

D

Door seals on ovens

E

Electric heat banks – block insulation

Electric hot water services (normally no asbestos, but some millboard could be present)

Electric light fittings, high wattage, insulation around fitting (and bituminised)

Electrical switchboards see Pitch-based

Exhausts on vehicles

F

Filler in acetylene gas cylinders

Filters: beverage wine filtration

Fire blankets

Fire curtains

Fire door insulation

Fire-rated wall rendering containing asbestos with mortar

Fire-resistant plaster board, typically on ships

Fire-retardant material on steel work supporting reactors on columns in refineries in the chemical industry

Flexible hoses

Floor vinyl sheets

Floor vinyl tiles

Fuse blankets and ceramic fuses in switchboards

G

Galbestos™ roofing materials (decorative coating on metal roof for sound proofing)

Gaskets: chemicals, refineries

Gaskets: general

Gauze mats in laboratories/chemical refineries

Gloves: asbestos

H

Hairdryers: insulation around heating elements

Header (manifold) insulation

I

Insulation blocks

Insulation in ceilings, which may have spread to wall cavities, cornices and sub-floor areas

Insulation in electric reheat units for air conditioner systems

L

Laboratory bench tops

Laboratory fume cupboard panels

Laboratory ovens: wall insulation

Lagged exhaust pipes on emergency power generators

Lagging in penetrations in fireproof walls

Lift shafts: asbestos cement panels lining the shaft at the opening of each floor and asbestos packing around penetrations

Limpet asbestos spray insulation

Locomotives: steam, lagging on boilers, steam lines, steam dome and gaskets

M

Mastik

Millboard between heating unit and wall Millboard lining of switchboxes

Mortar

P

Packing materials for gauges, valves, etc can be square packing, rope or loose fibre

Packing material on window anchorage points in high-rise buildings

Paint, typically industrial epoxy paints

Penetrations through concrete slabs in high rise buildings

Pipe insulation including moulded sections, water-mix type, rope braid and sheet

Plaster and plaster cornice adhesives

Pipe insulation: moulded sections, water-mix type, rope braid and sheet

Pitch-based (zelemite, ausbestos, lebah) electrical switchboard

R

Refractory linings

Refractory tiles

Rubber articles: extent of usage unknown

S

Sealant between floor slab and wall, usually in boiler rooms, risers or lift shafts

Sealant or mastik on windows

Sealants and mastik in air conditioning ducting joints

Spackle or plasterboard wall jointing compounds

Sprayed insulation: acoustic wall and ceiling

Sprayed insulation: beams and ceiling slabs

Sprayed insulation: fire retardant sprayed on nut internally, for bolts holding external building wall panels

Stoves: old domestic type, wall insulation

T

Tape and rope: lagging and jointing

Tapered ends of pipe lagging, where lagging is not necessarily asbestos

Tilux sheeting in place of ceramic tiles in bathrooms

Trailing cable under lift cabins

Trains: country – guards vans – millboard between heater and wall

Trains – Harris cars – sprayed asbestos between steel shell and laminex

V

Valve and pump insulation

W

Welding rods

Woven asbestos cable sheath

Sources:

Environmental health notes number 2 guidelines for local government on asbestos, 2005 (Victorian Department of Human Services). www.health.vic.gov.au/environment/downloads/hs523_notes2_web.pdf

NSW Taskforce Report: Loose-Fill Asbestos Insulation in NSW Homes (2015) www.fairtrading.nsw.gov.au/biz_res/ftweb/pdfs/Tenants_and_home_owners/Loose_Fill_Abestos_Taskforce_Report.pdf (accessed October, 2015).

Appendix K – Asbestos licences

Type of licence

What asbestos can be removed?

Class A

Can remove any amount or quantity of asbestos or asbestos containing material, including:

·   any amount of friable asbestos or asbestos containing material

·   any amount of asbestos containing dust

·   •      any amount of non-friable asbestos or asbestos containing material.

Class B

Can remove:

·   any amount of non-friable asbestos or asbestos containing material

Note: A Class B licence is required for removal of more than 10 m² of non-friable asbestos or asbestos containing material but the licence holder can also remove up to 10 m² of non-friable asbestos or asbestos containing material.

·   asbestos containing dust associated with the removal of non-friable asbestos or asbestos containing material.

Note: A Class B licence is required for removal of asbestos containing dust associated with the removal of more than 10 m² of non-friable asbestos or asbestos containing material but the licence holder can also remove asbestos containing dust associated with removal of up to 10m² of non-friable asbestos or asbestos containing material.

No licence required

Can remove:

·   up to 10 m² of non-friable asbestos or asbestos containing material

·   asbestos containing dust that is:

o   associated with the removal of less than 10 m² of non-friable asbestos or asbestos containing material

o   not associated with the removal of friable or non-friable asbestos and is only a minor contamination.

An asbestos removal contractor’s licence can be verified by contacting SafeWork NSW's Certification Unit
on 13 10 50.

Appendix L – Map

 

 


Ordinary Council Meeting                                                                                                9 February 2017

General Manager's Report

ITEM 9.8      SF1320            090217         Provision of Insurance Brokerage Services

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

To discuss and accept a proposal for a tender in relation to the provision of insurance brokerage.

 

 

Recommendation:

 

That Council proceed with a tender for the provision of Insurance Brokerage Services and if required engage an appropriate expert to assist with the assessment of the tenders.

 

 

OPTIONS:

 

Status quo – remain with our current insurance broker Statewide Mutual.

Develop a tender document internally and test the market.

Engage an external provider to develop the tender documents and manage the tender process.

 

 

DISCUSSION:

 

At Council’s meeting on 13 October 2016 it was resolved to engage Regional Procurement to undertake a tender on behalf of Nambucca Shire Council for the provision of insurance brokerage services.  Regional Procurement is a business arm of the Hunter Regional Organisation of Councils.  They have a large procurement business and frequently undertake tenders on behalf of this Council and other Mid North Coast Councils.

 

When the matter was reported to Council on 13 October 2016 Regional Procurement had advised they had a number of Councils interested in the tender, including one large Council in the Hunter Region.  Subsequently these other Councils declined to proceed which only left Nambucca Shire Council as an interested party.  With only a single Council interested in the tender, Regional Procurement has now advised they will not be proceeding with the tender.

 

Subsequent to the advice from Regional Procurement, Council’s Safety and Risk Officer has managed to secure a copy of a tender prepared by a large council for the same services.  It is now proposed that Council proceed with its own tender based on the substantial body of work undertaken by the large council in developing its tender.

 

Regional Procurement’s fee was likely to be around $4,400 (GST inclusive) per council.  In lieu of Regional Procurement undertaking the tender, it is proposed that this funding be applied, if required, to the engagement of an appropriate expert to assess the tenders.  An insurance tender is inherently complex and due to this complexity and the risks involved with the insurance industry, specialist knowledge may be required to assist in the assessment of the tenders.

 

By way of background to the tender since 2006, Statewide Mutual has provided an insurance brokerage service to Council. The insurance services provided have been Crime, Limited Flood, Public Liability, Property, Personal Accident and Motor Vehicle.

 

Earlier this year Aon, another broker in this market, approached a number of councils including Nambucca Shire Council with an offer to benchmark our current insurance service and to provide a report.  This offer was accepted by and the report presented on the 16 June 2016 with Council resolving to test the market.

 

There are four major insurance brokers in NSW which have the scale and experience to tender for this service; Marsh, Willis, Aon and JLT/ Statewide. As mentioned previously this will be a complex tender document, which needs to address a number of factors.

 

 

CONSULTATION:

 

Safety and Risk Officer

Executive Assistant Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not Applicable

 

Social

 

Not Applicable

 

Economic

 

Not Applicable

 

Risk

 

Financial – inadequate coverage, higher premiums.

Asset – service levels inadequate

Reputational – lack of specialist knowledge

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Significant premium savings may result.

 

Source of fund and any variance to working funds

 

At this stage the only impact on working funds will be the possible use of a specialist contractor to assist with the assessment of the tenders.

 

Service level changes and resourcing/staff implications

 

Current staff are not highly specialised in the area of insurance brokerage.

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                9 February 2017

General Manager's Report

ITEM 9.9      SF988              090217         Macksville Hospital Redevelopment

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council staff have been discussing the option of establishing a new Macksville Hospital on RMS owned land at North Macksville (the Pacifico pre-cast facility), in lieu of a $50m redevelopment of the existing hospital site.

 

Council staff have been advised that the Ministry of Health has a capital budget of $50m for the redevelopment of the Macksville Hospital and the additional funding for a greenfield site would need to be met from another source or sources.  The “ball park” estimate for a new hospital on a greenfield site is $70m to $75m.  One potential funding option is the Restart NSW program which contains the proceeds of the “poles and wires” sale, of which 30% is to be allocated to regional NSW.

 

If the option of a new hospital on a new site is to be given serious consideration, there is considerable work to be done by all stakeholders to find ways of covering the additional costs and achieving a positive cost/benefit ratio compared to spending $50m in a redevelopment of the existing hospital.  The report addresses a range of options to minimise and spread the costs of a greenfield site, including direct support by Council in the provision of reticulated water and sewerage to the site.

 

 

Recommendation:

 

1        The information concerning the cost/benefit and financial considerations which need to be resolved if a new Macksville Hospital is to be constructed on a greenfield site be noted.

 

2        That Council make representations to Roads and Maritime Services (RMS) seeking the dedication of approximately 15 hectares of land being the site of the Pacifico pre-cast yard off Old Coast Road for the purpose of establishing the Macksville hospital on the land.

 

3        Health Infrastructure be advised that subject to a detailed assessment indicating that the extension of water and sewerage services to the RMS site will not require major augmentation works, that Council will provide capital assistance to a new hospital through the provision of reticulated water and sewerage to the site.  Further, that Council will waive application fees and any applicable water and sewerage headworks charges.

 

4        In conjunction with Health Infrastructure, Council seek discussions with the RMS Pacific Highway Team in relation to access to the site and particularly the configuration of the roundabout at the western end of Letitia Close.

 

5        That Council suggest to the Mid North Coast Local Health District (MNCLHD) and Health Infrastructure the option of seeking expressions of interest for a 7 day per week GP Super Clinic to be co-located on the site of a new hospital as a means of improving its cost/benefit.

 

6        An enquiry be made with the Mid North Coast Local Area (Police) Command as to their interest in establishing a centralised Nambucca Valley Police Command Station on the RMS site at North Macksville.

 

7        An enquiry be made with local emergency services (SES, RFS and Fire Brigade) as to their interest in establishing on the RMS site or alternatively the existing hospital site (in the event of the hospital relocating).

 

8        That there be a further report to Council on the outcome of these consultations and representations as well as the progress with the financing and cost/benefit considerations of a new hospital on the RMS land at North Macksville.

 

 

OPTIONS:

 

There are many potential options based on the extent to which Council wants to involve itself in the redevelopment of the Macksville hospital and the extent to which Council, on behalf of the community, wishes to capitalise on the selection of a greenfield site.

 

 

DISCUSSION:

 

1.       Redevelopment of Hospital on Existing Site –v- New Hospital on a Greenfield Site

 

At Council’s meeting on 15 December 2016 it was resolved as follows:

 

1        That given the allocated $50m for the redevelopment of the Macksville Hospital, Council request the Mid North Coast Local Health District and the NSW Department of Health to investigate the cost/benefit of establishing the Macksville hospital on a new site, including the option of RMS owned land at North Macksville.

 

2        That Council request the Mid North Coast Local Health District and the NSW Department of Health to consult with the public on the cost/benefit of establishing the Macksville hospital on a new site.

 

A plan showing the location of the RMS owned land at North Macksville is attached.

 

Subsequently there was an interview/announcement on NBN News on Sunday 8 January that the option of building a new hospital on the RMS owned “Pacifico” concrete precast site at North Macksville was being investigated.  A link to the NBN news report is located below.

 

http://www.nbnnews.com.au/2017/01/08/macksville-to-get-a-new-hospital-on-a-new-greenfield-site/

 

Subsequent to this announcement, Council was advised that the Ministry of Health, in the process of planning the redevelopment of the existing Macksville Hospital site, are considering the option of building a new hospital on the RMS owned site at North Macksville, currently occupied by the Pacifico concrete pre-cast factory and concrete batching plant.

 

On 16 January 2017 Council staff met with two representatives of Health Infrastructure who are in the process of gathering information on the greenfield site to determine its cost/benefit.  The representatives were keen to better understand the opportunities and constraints which the greenfield site provided.  The relocation of the Macksville hospital to a new site would essentially be on a “like for like” basis with a similar number of beds to the existing hospital that will improve operational efficiencies through the implementation of contemporary models of care delivering an enhanced facility, compliant to the Australasian Health Facility Guidelines (AusHFG) and further in line with community and staff expectations.

 

Emergency Department expansion and redesign, perioperative services expansion and redesign of operating theatres, expansion of day surgery unit, realignment of inpatient units, relocation and expansion of community health services, relocation of maternity ward and the refurbishment of radiology.

 

It is effectively a replacement, not an expansion of the existing hospital.

 

Council staff have been advised that the Ministry of Health has a capital budget of $50m for the redevelopment of the Macksville Hospital and the additional funding for a greenfield site would need to be met from another source or sources.  The “ball park” estimate for a new hospital on a greenfield site is $70m to $75m.  One potential funding option is the Restart NSW program which contains the proceeds of the “poles and wires” sale, of which 30% is to be allocated to regional NSW.

 

So there are two primary issues with consideration of a new site for the hospital being, firstly a favourable cost/benefit assessment of a greenfield site over redeveloping the existing site, and secondly the State Government being able to secure the additional estimated funding of $20m-$25m.

 

The cost/benefit analysis does require some strategic assumptions in relation to the capacity of the existing site to meet the needs of an ageing population and the growth in floor space requirements for medical imaging and other technological improvements.  There would need to be a high level of confidence that the existing site was going to be adequate for decades to come to justify the proposed $50m redevelopment.  If the same concerns about the state of the hospital resurface in 10 or 15 years’ time then the Ministry of Health will have to find the same $70-$75m in 2017 dollars for a new site, by which time an opportunity such as currently exists at North Macksville may be gone.

 

2.       Greenfield Site – Additional Costs

 

In relation to both the cost/benefit assessment and sourcing the additional funding, the additional costs pertaining to a greenfield site are of critical concern.  These “additional” costs pertain primarily to the acquisition of the site and secondly to the provision of services, principally reticulated water, sewerage and electricity.

 

Health Infrastructure is seeking Council’s assistance in securing the land from the RMS, preferably being dedicated to the Ministry of Health at no cost.  The indicative site area required for a new hospital is 10 – 15 hectares, of which the gross floor area of a new hospital would be in the order of 7,000m2.  The preferred site for a hospital would be on the constructed hardstand at the northern end of the RMS land which is currently the site of Pacifico’s large shed and adjoining girder storage area.  The RMS site has a total area of approximately 49 hectares.

 

A preliminary review of options for the supply of reticulated water and sewerage to the site suggests that reticulated water could be supplied from the 200mm main at the western end of Florence Wilmont Drive, a distance of 2.2km from the site.  One option for sewer would be a pressure line south to the existing main in Nursery Road, a distance of about 1.5km.  Health Infrastructure will be providing Council staff with their hydraulic requirements for a comparable hospital so a more considered assessment of a preferred option and cost estimate can be developed.

 

Given the economic development potential of the greenfield site for a hospital and potentially other uses discussed further in this report, it is recommended that Council provide capital assistance to Health Infrastructure in the form of providing reticulated water and sewerage services to the site.  This will assist in negating the additional costs and risks associated with a greenfield site and improve its cost/benefit.

 

Council’s existing Integrated Water Cycle Management Strategy (IWCM) and Business Plan does make provision for capital works to support the Valla Urban Growth Area.  Council will shortly be reviewing the IWCM and the opportunity exists to apply planned capital expenditure for new economic development to the RMS site.  The risk is that Council may be faced with supporting new economic development in the Valla urban growth area at the same time, but a risk of having too much economic development at the same time is something that many people would be happy with.

 

In addition to providing capital assistance through the provision of water and sewerage to the site it is also proposed that Council cover all application fees and waive any applicable charges for water and sewer headworks.

 

In relation to access to the site there are alternative options being either from a roundabout currently under construction for the highway off ramp (at the eastern end of Letitia Close) or to the east of the roundabout from Letitia Close itself.  There is a significant (5m) difference in levels between the roundabout and the site which would require significant fill compared to an access off Letitia Close.  However the need to have a very legible entrance to a hospital, which is a significant public facility, would favour the roundabout option.  It would be desirable to discuss the roundabout access option with the RMS Pacific Highway Team as early consideration of this option could significantly reduce the future cost of reconfiguring the intersection.

 

3.       Greenfield Site – Opportunities

 

Consideration has been given to opportunities to co-locate other services or development on the RMS land as a means of spreading the infrastructure costs and thus improving the cost/benefit of the greenfield site for a new hospital.

 

3.1     Co-located GP Super Clinic

 

Similar to initiatives in other centres, there would seem to be an opportunity for the Mid North Coast Local Health District (MNCLHD) to seek expressions of interest in the establishment and operation of a co-located General Practitioner (GP) super clinic that would be required to operate 7 days per week and for a minimum of say 10 hours per day.

 

The option of a super clinic which is open 7 days per week next to the hospital should assist in minimising presentations for minor ailments (triage category 5) to the hospital’s emergency department (ED).  Minor ailments can be treated with less expense and less delay in a GP clinic than in the ED.

 

3.2     Centralised Nambucca Valley Police Command Station

 

Given the central location of the site to the Nambucca Valley and its excellent access to the new Pacific Highway, there is an opportunity to improve the accessibility and efficiency of local policing by centralising police operations for the Nambucca Valley in one location.

 

Currently the Mid North Coast Local Area Command (LAC) operates police stations in Bowraville, Macksville, and Nambucca Heads.  Frequently these stations will not be staffed as the assigned police will be out attending to call outs and patrols.  It is a source of on-going frustration to residents that these police stations are often unattended and telephone calls are redirected to Kempsey.

 

A single, centrally located Nambucca Valley Police Command Station, in place of the existing three small police stations, should mean that local Police will be more accessible to the public as the greater capacity of a single station will allow it to be staffed for both face to face and telephone enquiries.  There should also be enhanced efficiency and operational savings to the NSW Police Force in maintaining a single, modern purpose built facility, instead of three properties which date from the middle of the last century and which cannot be readily adapted to the increasing reliance on digital communications, surveillance and mobility.

 

3.3     Relocation of Nambucca Emergency Services (SES, RFS, Fire Brigade)

 

Most of the Nambucca Valley’s emergency services are located on the floodplain in the Nambucca Emergency Operations Centre (NEOC) which is located behind Council’s Works Deport on Gumma Road.  Most of the site is flood liable and in the event of a major flood these services will be isolated from not only Macksville and the rest of the Nambucca Valley but also the flood free access provided by the new highway.

 

The retention of emergency services on the flood plain is not considered sustainable and ultimately their relocation will be required.  A proactive approach which incorporates a funding contribution from all levels of government would be preferable to a reactive approach in the wake of a natural disaster.

 

The existing Macksville hospital site may also be suitable for emergency services, being flood free and relatively close to the Bald Hill interchange.

 

3.4     Private Businesses

 

The RMS site is zoned R5 Large Lot Residential.  Whilst health facilities and emergency services type activities are permissible in the zoning and/or under the State Environmental Planning Policy (Infrastructure) 2007, the zoning does limit the nature of businesses which can be approved on the land. 

 

The land does have a high profile frontage to the new Pacific Highway and also enjoys excellent access.  It may approve attractive to some types of business.  Therefore in addition to the other opportunities mentioned there is the option of seeking to facilitate private business on the balance of the land.

 

4.       Existing Hospital Site - Opportunities

 

Whilst there are additional infrastructure costs associated with a greenfield site, there is the benefit of realising the capital (land and buildings) on the existing site.

 

The existing hospital site is zoned R1 General Residential and has an area of approximately 2.9 hectares.  There is a small section adjoining the existing Pacific Highway which has some flood liability but 2.5 hectares is flood free.  Overlooking a golf course and being diagonally opposite Woolworths, it is a premium site for medium density housing or for aged care.  Even at relatively modest densities for medium density housing it could easily accommodate 50-60 dwellings.  There would be a major expense in the removal of the existing infrastructure but some infrastructure such as the internal road network and car parks could be a saving in any redevelopment.

 

5.       Grant Funding - Opportunities

 

To assist Health Infrastructure in financing the greenfield site, consideration has been given to seeking funding for this infrastructure under the Federal Government’s Building Better Regions Fund.  It is a competitive funding program as evidenced by the fact that it only provides $297.7m over 4 years for projects all over Australia in two streams being the Infrastructure Projects Stream and the Community Investments Stream. That is just $74.4m per year (on average) over all of Australia.  Not surprisingly to achieve funding will require high scores against the following criteria:

 

·      The economic benefit the project will deliver to the region during and beyond the construction phase/project period

·      The social benefit the project would deliver to the region during and beyond the construction phase/project period.

·      The value for money offered by the project

·      The capacity, capability and resources to carry out the project.

 

Based on these criteria, a new hospital on the RMS site should be a very competitive project.

 

However, whilst Councils’ are eligible to apply for funding, a Commonwealth, State or Territory government agency or body are ineligible for funding.  Also most projects will only be funded for up to 50% of the project cost requiring Council to fund half the cost.  Applications for this funding close on 28 February 2017.

 

Given the grant funding would primarily be for the purpose of providing infrastructure to a State Government body, the chance of securing grant funding is assessed to be low.  Council staff are unaware of any other grant funding opportunities.

 

 

CONSULTATION:

 

There has been consultation with the Mayor, Council staff and Health Infrastructure.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no social implications.  However the opportunities for enhanced social outcomes from a new hospital should not be underestimated.  There have been a number of studies which have sought to understand the reluctance of Aboriginal people to visit hospitals.  One issue is that Aboriginal people can be intimidated by the large scale and imposing “institutional” presence of hospitals.  In such a setting it is natural to feel a sense of being powerless to control the recommendations of medical specialists.  The proposed redevelopment of the Macksville hospital on the existing site will result in a four (4) storey building on the existing car park.  This compares to the option of a more human scale single storey hospital on the unconstrained RMS site at North Macksville.

 

Economic

 

Depending upon the opportunities which might arise out of the RMS site at North Macksville, there are potentially very positive economic implications arising out of public and private investment in the site.  Added to this is the value of a likely redevelopment of the existing hospital site.

 

Risk

 

The major risk to Council is in accurately pricing the provision of reticulated water and sewerage to the site and secondly in financing this through Council’s water and sewerage funds.

 

   

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.  The report recommends that subject to further analysis, Council provide reticulated water and sewerage to a new hospital on RMS zoned land at North Macksville.

 

Source of fund and any variance to working funds

 

AT this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this preliminary stage there are no significant service level changes or staffing implications.

 

Attachments:

1

43190/2016 - Macksville Hospital - Alternative Site

 

  


Ordinary Council Meeting - 9 February 2017

Macksville Hospital Redevelopment

 


Ordinary Council Meeting                                                                                                9 February 2017

General Manager's Report

ITEM 9.10    SF2079            090217         Refund of Deposits to 2016 Local Government Election Candiates

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

The NSW Electoral Commission has forwarded Council $250 forfeit by 2 candidates who nominated for the recent local government elections and who didn’t achieve the required number of first preference votes to be eligible to receive a refund of their nomination deposits. This report asks Council to consider refunding the money to the unsuccessful candidates.

 

 

Recommendation:

 

That Council refund forfeit nominations deposits to unsuccessful Candidates.

 

 

OPTIONS:

 

That Council retain the forfeit nominations from unsuccessful Candidates.

 

DISCUSSION:

 

Candidates and groups who nominated for the recent local government elections and who didn’t achieve least 4% of the total number of formal first preference votes were not eligible to receive a refund of their nomination deposits. Any deposit not refunded to the candidate is forfeited to the council.

Council has received two forfeit nomination deposits from the NSW Electoral Commission in relation to the 2016 Election.  Council can choose to retain the funds or return them to the Candidates.  First preference election results are attached for reference.

The conduct of election was smooth with no candidate behaving in a frivolous or vexatious manor and it is therefore recommended that forfeit funds be returned to the Candidates.

CONSULTATION:

General Manager and Mayor

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable

 

FINANCIAL IMPLICATIONS:

 

Total value of forfeit nominations is $250

 

Attachments:

1

2170/2017 - First Preference Distribution Council Election 2016

 

  


Ordinary Council Meeting - 9 February 2017

Refund of Deposits to 2016 Local Government Election Candiates

 

 

 

 

 


Ordinary Council Meeting                                                                                                9 February 2017

General Manager's Report

ITEM 9.11    SF1415            090217         Audit Risk and Improvement Committee - Minutes of Meeting 18 January 2017

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

The first meeting of the Audit Risk and Improvement Committee was held Wednesday 18 January 2017.  The minutes of the meeting are attached for Council’s information.  A Strategic Audit Plan was presented by TNR Financial Services who are Council’s contract internal Auditors.  The plan was approved by the Committee with minor amendments and it now presented for Council’s consideration.  The Committee has requested that the plan be endorsed by Council.&nb