NSW releases its Asbestos Plan of Action
Market Insights
On 6 July 2026, the NSW Government released the NSW Asbestos Plan of Action (Plan of Action). This plan is the NSW Government’s full response to the report authored by the Office of NSW Chief Scientist and Engineer (OCSE) on asbestos management in recovered fines and recovered materials for beneficial reuse (waste), which was released in February 2025 (OCSE Report), a copy of which is available here.
Who is this article relevant to?
Developers, construction companies, environmental consultants, councils, waste facilities and anyone with asbestos in their home.
Recap: What did the OCSE’s report say about asbestos management in waste?
When it was first commissioned in December 2022, the OCSE Report was to recommend alternative approaches to the management of asbestos in recovered materials, noting the predicted shortfall in landfill capacity for Greater Sydney region by 2030.
In response, the OCSE outlined 9 recommendations to address the management of asbestos in recovered materials.
Significantly, under recommendation #2 of the OCSE report, it was said that the NSW Government should consider ‘…implementing a threshold for asbestos in recovered fines and materials for beneficial reuse‘.1 The recommended threshold by the OCSE was to ‘be based on the current criteria of 0.001% w/w‘2 and should be supported by ‘a through-chain risk-based approach to managing asbestos in recovered fines and materials for beneficial reuse‘.3
The introduction of a threshold for asbestos in waste is considered to be a means ‘to balance low-level exposure risk with the feasibility and cost of complete elimination…in contrast to a “zero tolerance” approach‘.4
What does the Plan of Action propose?
The Plan of Action contains four focus areas which are intended to respond comprehensively to the OCSE Report. These four focus areas include:
- Focus Area 1: Strengthen practices by and requirements on waste generators to identify, remove and dispose of asbestos;
- Focus Area 2: Enhance oversight of the transport of suspected asbestos waste;
- Focus Area 3: Improve risk management at waste facilities and establish clear standards for end products; and
- Focus Area 4: Complementary actions to support and optimise the proposed improvements to the asbestos management framework.
A number of action items arise under each of these four focus areas, spanning from legislative amendments, development of guidance and training resources, and funding of innovative technologies and systems.
Examples of the most significant proposed changes
Some of the key action items coming out of the Plan of Action include:
| ACTION | LEAD AGENCY | IMPLEMENTATION TIMEFRAME |
|---|---|---|
| The introduction of a threshold for asbestos in waste Consistent with the OCSE Report, it will be based on a 0.001% weight-by-weight threshold and will be supported by a range of other requirements. The implementation of this threshold will necessitate legislative amendments, as well as updated resource recovery orders and exemptions. | NSW EPA | In the next 6 - 18 months |
| New standards for construction and demolition waste The current EPA guidelines will be reviewed and updated to strengthen asbestos management requirements. | NSW EPA | In the next 6 - 18 months |
| Changes to planning controls for asbestos management in specified developments The range of measures proposed include: - reviewing requirements for post-demolition checks for complying developments; - introducing a requirement that exempt development involving minor alterations must not cover or clad asbestos-containing material; and - the development of guidance and training materials for councils and registered certifiers to strengthen their capability to identify asbestos in developments and subsequently manage asbestos safely. | DPHI Planning partnering with Building Commission & NSW EPA | In the next 6 to 18 months |
| Establish a trial of a free residential asbestos collection service The parameters of this trial have not been specified in the Plan of Action, other than it is to apply to 'smaller amounts' of asbestos waste. | NSW EPA | In the next 6 to 18 months |
| New accreditation regime Establishment of an accreditation scheme for waste classifiers, including a training package. | NSW EPA | Beyond 18 months |
| Stringent requirement for waste classifications At key points in the value chain, requiring construction and demolition waste to be classified by the generator using accredited waste classifiers. | NSW EPA | Beyond 18 months |
Where to from here?
The anticipated implications of the Plan of Action range from reduced waste disposal costs, improved ability to reuse waste, additional compliance obligations, increased waste classification requirements and new accreditation requirements.
So while many may celebrate the relaxation of the current zero-tolerance approach to asbestos in waste, it will come with significant new requirements that will take time to implement and become accustomed to.
In the meantime, standby for further updates on the legislative amendments which have already passed the NSW Parliament (but are yet to commence) that will allow for asbestos waste generated on-site to be reused in certain circumstances.5
This article was written by Sarah Mansfield, Partner, and Matthew Tropea, Solicitor.
1 Management of asbestos in recovered fines and recovered materials for beneficial reuse in NSW – Final Report (NSW Office of Chief Scientist and Engineer, December 2024), page 85.
2 Management of asbestos in recovered fines and recovered materials for beneficial reuse in NSW – Final Report (NSW Office of Chief Scientist and Engineer, December 2024), page 85.
3 Management of asbestos in recovered fines and recovered materials for beneficial reuse in NSW – Final Report (NSW Office of Chief Scientist and Engineer, December 2024), page 85.
4 Management of asbestos in recovered fines and recovered materials for beneficial reuse in NSW – Final Report (NSW Office of Chief Scientist and Engineer, December 2024), page 11.
5 Please note that these changes have not yet come into effect.
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