Widespread presence of contaminated mulch underscores need for robust EPA

Events moved quickly in Sydney in recent days after the discovery of asbestos in mulch in the Rozelle Parklands in the second week of January. Few would have predicted how things would mushroom into the situation as it now stands.

As one park closed so another followed, then a school and then another. The popular Mardi Gras Fair Day in Victoria Park Day, due to be held on Sunday, was cancelled after bonded asbestos was found at the venue.

The newly formed Asbestos Taskforce formed to investigate the reports have now identified seven schools for “precautionary” mulch testing, while a Sydney supermarket and a hospital have also tested positive for asbestos.

On Friday evening, Environment Minister Penny Sharpe assured Taylor Swift fans the show will go on after confirming mulch at the Accor Stadium at Sydney Olympic Park where the star is set to perform from Friday was being tested. An initial test did not detect asbestos. “This will not stop Taylor Swift performing in Sydney,” Sharpe said.

Given that Australia was, apparently, one of the highest users of asbestos in the world, and it is estimated that asbestos is present in one in three Australian homes, you would be excused for being surprised at the extent of the presence of asbestos – albeit bonded – at sites across the city.

You might have hoped that adequate financial penalties were in place as a deterrent for those who choose to ignore the stringent rules around the disposal of this noxious waste.

Victoria Park in the City of Sydney was fenced off after asbestos was discovered.Credit: Nick Moir

Whilst much of the asbestos has been found to be bonded in nature – a relatively low-risk type of asbestos that does not easily become a powder – it is still concerning and highlights how important it is for the NSW Environmental Protection Agency to have in its armoury the necessary tools and powers to investigate and prosecute those who ignore the rules.

Amber Schultz last month reported in these pages that Greens MLC Sue Higginson said the EPA needed greater oversight on supply chain lines in mulch preparation. Under EPA NSW legislation, mulch must not contain asbestos, engineered wood products, preservative-treated or coated wood residues, or physical contaminants such as glass or plastics.

“It’s pretty clear that what we’re seeing was inevitable. It was the likely outcome of the system,” Higginson said. That view seems increasingly convincing following recent events.

Notably, the newly formed taskforce is completing what Environment Minister Penny Sharpe called “contact tracing” to discover where in the supply chain the mulch had been mixed with asbestos.

The use of asbestos in housing was banned in NSW in 2003. The EPA annual report for 2022-2023 makes only three passing mentions of asbestos in the 171-page report. The EPA 2022-2023 annual report shows the total value of penalties (for any infringement of any type) imposed for EPA prosecutions amounted to $2,870,650 for the year but without a breakdown of what they were for.

That figure will likely pale into insignificance compared to the cost of cleaning up public places should they prove to be contaminated through distribution of mulch.

Fines apply in NSW for illegal dumping and range from $7500 to $1,000,000 or 7 years’ imprisonment (or both) for an individual, or $15,000 to $5 million for a corporation. A spokesperson for the EPA cited cases where significant fines had been imposed. In the most recent, the EPA in November 2023 successfully prosecuted a company and two individuals in the Land and Environment Court, fining them more than $730,000 in total for the unlawful disposal of waste and supply of false or misleading information about that waste.

In 2017, the Herald ran a series of reports titled Toxic Waste. We said at the time that it raised many questions about the EPA, the adequacy of its resourcing, ability to prioritise the most dangerous cases for action, and suspicions that some contaminated sites were not handled properly for fear of jeopardising property prices. “It is a ticking time bomb that is already having an impact,” the Herald stated at the time.

The current situation underscores the value in examining the resources and effectiveness of the EPA in enforcing regulations. The Sun-Herald supports the need for a robust agency to regulate and enforce matters to ensure the health and safety of the community. Eradication of the presence in public spaces of asbestos must be prioritised and never repeated.