Council took 12 hours to fence off park; Premier labels new asbestos finds ‘unacceptable’

As an enraged NSW Premier mulls bigger fines for ‘unacceptable’ asbestos contamination, it’s revealed City of Sydney Council took 12 hours to block access to friable asbestos in a park, despite flagging ‘immediate’ action.

The City of Sydney knew that friable asbestos had been found at a Surry Hills park 12 hours before the area was fenced off.

The council also knew last week that mulch from the company at the centre of a growing asbestos contamination crisis may have been used in five of its parks, but only got test results back on the potentially impacted sites on Monday.

Internal emails sent to councillors revealed that asbestos had been found at three parks by Monday night, including Harmony Park in Surry Hills, where dangerous friable asbestos was detected.

City of Sydney CEO Monica Barone told councillors that “immediate fencing” would be installed.

Friable asbestos is more hazardous because its easily crushed into a powder and can become airborne. The fencing was not erected until Tuesday morning.

Harmony Park in Surry Hills is one of three public parks now found to be contaminated.

Several council workers in hi-vis had descended on Harmony Park by 9am, fencing off entrances on Goulburn, Park and Hunt streets.

Uniformed council officers approached people who had entered the grounds to tell them the park was closed and they would need to move on.

Karl Robertson arrived at the park for a regular workout with friends at 8.30am, and was only ten minutes into the session when workers began fencing off the park.

Mr Robertson said he was unaware that the park he regularly exercises in had been contaminated with asbestos, and council staff did not volunteer this information.

The City of Sydney was told last week that there was a risk of contaminated mulch at its parks.

“Late last week the EPA advised City of Sydney staff that their supply chain investigations found that our mulch suppliers may have received supplies from the organisation that has been found to have delivered contaminated mulch to Rozelle Park,” Ms Barone told councillors on Monday.

Sydney City Council knew of the risks of contamination in its parks last week.

The EPA advised testing at Victoria Park, Belmore Park, Harmony Park, Prince Alfred Park and Pope Paul Park in Glebe.

“This evening the results arrived. I have been meeting with staff this evening to determine appropriate action,” Ms Barone said.

Bonded asbestos was found at Victoria Park in Camperdown and Belmore Park in Haymarket. Friable asbestos was found at Harmony Park in Surry Hills. No asbestos was found at Prince Alfred Park or Pope Paul Park.

“We are now proceeding to check all other parks that may have been supplied with contaminated mulch,” Ms Barone said.

CALL FOR PROACTIVE TESTING

City of Sydney Labor councillor Linda Scott raised concerns other parks in the constituency hadn’t yet been proactively tested.

“I’ve just come today from Wentworth Park, where we’ve seen schoolchildren playing in our playgrounds … standing right next to an enormous pile of loose mulch,” she said.

“Wentworth Park is one of the parks that remains untested for asbestos.”

Liberal councillor Shauna Jarrett accused the Lord Mayor Clover Moore of “ineptitude”, and said the Mardi Gras fair day event, to be held at Victoria Park on Sunday, will now need to be relocated.

“It’s laziness on her part, it’s ineptitude on her part,” Councillor Jarrett said.

“What is she doing to ensure that our city and our resident, our visitors and our children and our dogs can be guaranteed that they can go and use our wonderful parks and gardens free of the danger of asbestos?”

The City of Sydney was contacted for comment.

The new asbestos scare comes amid a massive Covid-stye contract-tracing operation within the EPA, launched in a bid to find where contaminated mulch may have been used.

‘UNACCEPTABLE”: MINNS’ RAGE AS ASBESTOS FINDS

The revelation comes as Premier Chris Minns on Monday said the EPA had ramped up its investigation team from 40 members to 120 to trace how many other sites could be contaminated.

On Tuesday, Mr Minns said the latest discovery in Sydney parks and Campbelltown Hospital was “completely unacceptable”, and the government was considering harsher penalties for companies doing the wrong thing.

“Clearly this is completely unacceptable and the government is currently investigating certain actions that we will take in the weeks ahead — firstly to raise the fines that are imposed on companies that do the wrong thing. Cabinet will be looking at that in the next couple of weeks,” Mr Minns said.

NSW Premier Chris Minns said cabinet is considering a raft of options to ensure resolve the issue and prevent similar ones in the future. Picture: Supplied

FINES COULD PASS $2M

Fines for distributing asbestos could be lifted beyond $2 million, while a mass recall of mulch is also being considered following the latest discovery of the substance in three popular Sydney parks.

“The EPA is investigating the potential for a massive recall. That’s an action that they can’t take and the government can’t take either. It’s a blended responsibility between Fair Trade in

New South Wales and the Commonwealth agency,” Mr Minns said.

“But discussions are taking place now about the feasibility of doing that (which) we expect that we’ll be challenged in court. Obviously, that’s a legal proceeding that has to take place, but everything’s on the table.”

Mr Minns confirmed the taxpayer is footing the bill for urgent fencing being thrown up around confirmed asbestos-contaminated sites, but that the government would look at recouping its costs from the businesses which distributed the asbestos.

HOSPITAL CONTAMINATION

Earlier in the week, asbestos was discovered at Campbelltown Hospital amid an ongoing investigation into contaminated mulch found in more than a dozen sites across Sydney, including a school, as the Department of Education admits it has no way of knowing whether other schools have been exposed.

NSW Environment Protection Authority CEO Tony Chappel has confirmed that a site at Campbelltown Hospital had on Monday tested positive for bonded asbestos.

“I understand from NSW Health that site is already blocked off and there is no public access, and that they’ve started the process of having it moved and made safe,” Mr Chappel said.

Signage erected on fences around Sydney's Rozelle Parklands after asbestos was found in mulch. Picture: NCA NewsWire / Damian Shaw

The EPA has been undertaking “a process somewhat analogous to contact tracing” as it investigates the supplier, Greenlife.

SCHOOL CLOSED AMID CONTAMINATION

That process on Friday identified Liverpool West Public School as the sole known school to have laid its recycled mulch.

The southwest Sydney primary school is closed until Wednesday while the contaminated mulch is removed from a new garden bed in the playground, with students learning from home until the site is declared safe.

Murat Dizdar Department of Education Secretary.

NSW Department of Education Secretary Murat Dizdar said the mulch had been laid by a subcontractor on December 8, with two weeks of the school term left, and that the situation “is far from ideal”.

“We don’t normally allow for recycled mulch to be used,” Mr Dizdar said.

“If it’s to be used, it’s to be tested, and it’s incumbent on the supplier – it’s a responsibility that is made very clear to them – they are to test it.”

The department, which has no record of having “directly engaged” with the Greenlife Resource Recovery Facility, will investigate why recycled mulch was used at Liverpool West PS, and will “reinforce our standards” with the builders it engages, Mr Dizdar said.

Workers rake up asbestos contaminated mulch in garden beds around Rozelle Interchange earlier this month. Picture: Max Mason-Hubers

NO GUARANTEES

Deputy Premier and Education Minister Prue Car admitted she could not give an iron-clad guarantee that no other schools are affected.

“I want to assure the community that we are triple checking … all of our records with all of our contractors and subcontractors to ensure that there is not a link with the supplier … that is in question,” she said.

The department keeps records of its contractors and subcontractors, but does not a list of suppliers subsequently engaged by the builders and the products used.

Liverpool West was identified as a site of possible contamination by the EPA late on Friday afternoon, after which the Department of Education was informed and authorised officers and expert hygienists were deployed to undertake testing on Saturday.

The positive result, from one of eight samples taken, was received on Sunday and confirmed that a single piece of bonded asbestos was present in the mulch.

NSW Secondary Principals’ Council president Craig Petersen said it’s fortunate the contaminated mulch was uncovered so soon after being laid, rather than 12 months or twelve years down the track.

Asbestos has been discovered in mulch at Campbelltown Hospital. Picture: Toby Zerna

Alarm bells were first sounded over the Greenlife Resource Recovery Facility product when asbestos was discovered at a newly-opened park at the Rozelle Interchange in Sydney’s inner-west, leading to an extensive investigation.

Greenlife Resource Recovery Facility maintains its mulch product is tested, and is clean and asbestos-free when it leaves its sites, and that the company is “complying fully” with the EPA order.

“Greenlife Resource Recovery Facility (GRRF) is confident that when its products are delivered to contractors to lay, they are free of asbestos,” a statement read.

“The company has no visibility of, and does not control, how its products are used on sites once delivered to the construction site.

“It is unreasonable to hold GRRF responsible for how its products are used once delivered to contractors on a construction site.”

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