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ABC News
Health

Residents claim 'negligence' as asbestos left on vacant Sydney lot for months

Earlwood resident Lydia Feng says the failure to remove asbestos from her street for several months amounts to government negligence. (ABC News: Harriet Tatham)

New South Wales' health and safety regulator is "making enquiries" after sheets containing hazardous asbestos were left lying, uncovered and accessible to the public on a government-owned Sydney lot for months.

The state Department of Planning and Environment manages the land on Unwin Street, Earlwood, in the city's inner west, where locals are claiming government "negligence".

Documents obtained under freedom of information reveal that, since July 13, 2022, the department was repeatedly advised by a consultancy company — that it had hired — about the presence of bonded or non-friable asbestos on the site.

This week, nine months since the presence of asbestos was first reported, it remained on site and was accessible to the public via a bushwalking track at the back. 

"I feel it is negligence," said Lydia Feng, whose townhouse neighbours the site. 

She said the track was regularly used by young people and walkers who "could just stumble into it without knowing it". 

"That makes us even more concerned about public health and safety." 

A plan to install warning signs or cover the material was finalised in October. (ABC News: Harriet Tatham)
The asbestos was still there this week. (ABC News: Harriet Tatham)

The consultants recommended the government implement a plan to mitigate risks under workplace health and safety regulations, despite saying they "did not identify the potential for gross or widespread contamination on site". 

That plan, which was finalised in October, to "protect the health of current and future site users, contractors and visitors" stated that the government "must" isolate and mark the asbestos-impacted areas with signs, flags and or fencing, or cover the impacted area. 

Fellow neighbour Johan Palsson — who lives on the street with his two daughters — shared Ms Feng's concerns about the delays in taking action.

"It's negligence. They've left something that we know has huge impacts to health, lying around in a field less than 200 metres from my front door," he said. 

"Our children play in the street." 

While Johan Palsson says his daughters — Cecilia, 8, and Leila, 12 — are too young to explore the area without supervision, he was worried about other young people who could have, unknowingly, disturbed the asbestos. (ABC News: Harriet Tatham)

Bonded, or non-friable asbestos, has been mixed with cement, or other bonding materials, and is a lower risk while it remains intact and undamaged. 

University of Sydney Public Health Professor Tim Driscoll said that, while it is significantly less dangerous when undisturbed, that's not the issue. 

"The issue is if the asbestos is there, people can come [into] contact and damage it," he said. 

"Anytime there's asbestos, you want people not to be able to come in contact with it. So, you want to appropriately signpost it and you want it fenced off." 

In response to an enquiry from the ABC, SafeWork NSW said it was "making enquiries into potential asbestos management issues" at the site. 

Within 48 hours of the ABC sending questions to the department, workers had installed asbestos warning signs, erected a fence and covered the impacted area in a white fabric for encapsulation. 

Workers at the site on Thursday. (ABC News: Harriet Tatham)

A department spokesperson said "a licensed specialist environmental contractor" was being engaged to dispose of any non-friable asbestos, "after a small area at the rear of one of the three lots was found to contain some pieces". 

The spokesperson said the work was expected to be completed in the coming weeks, adding that the Environmental Protection Authority, had "been satisfied the necessary steps to manage contamination and secure the site" have been taken. 

However, not everyone is satisfied. 

"This is our government [and] they need to be the role model of asbestos management," Ms Feng said. 

"If it's been done in such a [negligent way], then how would they expect … private operators to do a proper job." 

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