Victoria’s environmental laws regulate the transport, storage, disposal, treatment, and management of asbestos waste, and the management of land contaminated by asbestos.
Core obligation
Minimise risks of harm to human health and the environment from pollution or waste (the general environmental duty), so far as reasonably practicable. The general environmental duty applies to anyone involved in an activity that poses a risk of harm, this includes activities involving asbestos waste.
How it works
The Environment Protection Act 2017 and Environment Protection Regulations 2021 set out your obligations. EPA Victoria provides guidance on how to meet them.
Legislation
Environment Protection Act 2017
Sets out the legislative framework for protecting human health and the environment from pollution and waste in Victoria. Includes the general environmental duty, contaminated land duties, and waste duties.
Environment Protection Regulations 2021
Set obligations relating to environment protection, pollution incidents, contaminated land, and waste. Specifies activities that require an EPA permission. Classifies asbestos waste as reportable priority waste, which has the highest level of controls. Requires EPA to be notified where friable asbestos is present in or on soil at prescribed thresholds.
Duties that apply to asbestos waste
EPA Victoria regulates the management of asbestos waste from business and industry. Key duties under the Environment Protection Act 2017 and Environment Protection Regulations 2021 include:
- General environmental duty
- Duties of persons managing priority waste
- Duties of persons depositing industrial waste
- Duties of persons receiving industrial waste
- Duty of persons transporting reportable priority waste
- Duty of persons involved in transporting industrial waste
- Duty to notify EPA of transactions in reportable priority waste
- Duty to investigate alternatives to waste disposal
Permissions
Certain activities involving asbestos waste from industrial sources require an EPA permission:
- Reportable priority waste management (A01)
- Reportable priority waste (transport) – other (A10b)
- Temporary storage (asbestos) (A22)
- Contaminated sites (onsite soil retention) (L02)
Contaminated land
If land or groundwater has been contaminated by asbestos, contaminated land duties may apply:
EPA guidance
- Asbestos waste: overview of obligations and duties
- Manage asbestos waste: guidance on how to remove, transport and store asbestos waste
- Dispose of asbestos waste: guidance on how and where to dispose of asbestos waste safely
- Waste Tracker: electronic system to track movements of reportable priority waste
- Asbestos transport and disposal guidance: transport and packaging requirements
- Report illegal waste dumping