Regulation of Asbestos in Soil, Waste and Recycled Materials in Western Australia

Abstract

Regulation and management of asbestos as a contaminant is an increasing concern for countries such as Australia. The intent of regulation is to ensure asbestos contamination is identified early and managed properly and to ensure that any remaining site contamination is recorded and managed in perpetuity to prevent uncontrolled exposure. There is a need for regulation and control of asbestos to consider both worker and community expectations and concerns with regard to finding asbestos contamination either now or in the future. The issues considered to be important in Australia for the regulation of asbestos in soil, waste, and recycled materials include the legal interpretation of existing legislation related to asbestos to ensure that it meets the regulator's intent. The inclusion of regulatory criteria or cutoff concentrations for regulatory control of asbestos in soil, waste, and recycled materials needs careful consideration. The Western Australia Department of Health is revising its Guidelines for the Assessment, Remediation and Management of Asbestos-Contaminated Sites in Western Australia to better regulate asbestos in soil and this has provided an opportunity to review manner and extent of regulatory control of asbestos and other mineral fibers and the need to consider certain principles, such as precautionary principle and the principles of proportionality, sustainability, and intergenerational equity.