Mandurah council votes for tougher fines for asbestos breach

The City’s environmental health officers will now have authority to issue infringement notices to residents mishandling the material, while a group of senior officers will be able to extend the period to pay the fines and withdraw infringements.

According to council officers, residents regularly contact the City about asbestos in boundary fences and building material being incorrectly removed and disposed of, putting the health of fellow community members at risk.

But residents mishandling asbestos materials, the City said, consider it is cheaper to pay the penalties than to ensure they comply with the health and safety regulations.

The City hopes the new tougher penalties will deter them from breaking the rules while the Department of Health develops a new Public Health Act with harder asbestos regulations.

Until the new Public Health Act is implemented, which is anticipated to take between three and five years, officers will be in charge of issuing the fines.

“Local governments have advocated for many years for higher penalties and the ability to issue infringement notices to any person handling asbestos containing material incorrectly due to the significant public health risks associated with mishandling the material," a report by the City read.

“The Department of Health acknowledged and agreed with local governments’ concerns and has now put steps in place to amend the regulations so that the penalties for offences have increased and local governments have the ability to issue infringement notices.”

Under the new regulations, people selling and using asbestos cement products will face a $1000 fine while people storing, breaking, damaging, cutting, repairing and removing asbestos without taking reasonable safety measures will face a $2000 bill.

Officers will be able to issue a $1000 fine for people failing to inform another person that a material contains asbestos, for people supplying material containing asbestos for somebody else to dispose of it, and for people transporting materials containing asbestos.

A 2,000 fine will be also issued to people moving a house built with an asbestos cement product, to people failing to comply with an approval condition and for people deliberately cutting asbestos to move a house made of an asbestos cement product. 

Councillor Caroline Knight said the measures were very much welcome and overdue.

For more information about asbestos and related health conditions such as mesothelioma go to the Mesothelioma Cancer Alliance website.