Council launches legal action over asbestos clean-up concerns

Inner West Council has launched legal action against contractors John Holland and CPB to expedite the clean-up of asbestos-contaminated mulch in Rozelle Parklands.

The community has been unable to access the parklands since its closure in mid-January.

Transport for NSW, which engaged the contractors, was issued two clean-up notices by the Environmental Protection Authority to remove the mulch by February 29.

A worker removes mulch at Rozelle Parklands, which was closed after asbestos was found in several areas.Credit: Nick Moir

Inner West Mayor Darcy Byrne said the remediation is behind schedule, and the delays were having a massive impact on the community.

“Six weeks after asbestos was first discovered at Rozelle Parklands, these contractors are hopelessly behind on the schedule for remediation,” he said.

“They have simply not employed enough workers to carry out the emergency clean-up in time and have decided to cut costs rather than uphold their obligation to public safety and the people of the Inner West.”

Byrne said he believed the clean-up notice should have been issued directly to the contractors by the EPA in the first place to hold them accountable for the work.

“It’s extraordinary that Council has been forced to take this action despite the EPA having already issued a notice, but that’s the dire situation we are now faced with,” he said.

The contractors have said the mulch is being removed “in line” with its plan with Transport for NSW.

The council’s clean-up notice has more detail than the EPA’s and directs that all broken, damaged or deteriorated asbestos-contaminating material be removed by a licensed contractor within Safework NSW Guidelines, along with documentation proving the parklands are free of asbestos, and the substance has been disposed of at an approved waste facility.

The contractors have until March 1 to respond, and the EPA has the power to intervene to stop the notice from being served.

Byrne said the delays threatened the sold-out celebration for the opening of the White Bay Power Station for the Biennale of Sydney, which is expected to attract 800,000 people.

“The Lilyfield Light Rail Station is one of only two public transport connections to White Bay Power Station. With Rozelle Parklands closed to the public, the Power Station is not accessible from the Light Rail stop,” he said.

Earlier this month, the Mardi Gras Fair Day in Victoria Park was cancelled following mulch testing positive for contamination.

A John Holland CPB Joint Venture spokesperson said there were now 60 employees working day and night shifts to clean up the area.

“Our team continues to remove mulch from within the Rozelle Parklands and associated areas in line with our plan, and we continue to work closely with Transport for NSW [TfNSW] and the EPA in response to their clean-up notice,” the spokesperson said.

“We are working alongside TfNSW and the EPA to reopen the park as soon as possible.”

A spokesperson for the EPA said it does not have a view on the council’s legal action.

“The EPA issued a clean-up notice to appropriately address issues on the Rozelle site and will consider any breaches in accordance with our regulatory framework,” the spokesperson said.