By Matthew Sims
Berwick MP Brad Battin has joined other MPs across the Opposition Government in calling for a complete audit across public land across the state after recent findings of asbestos and asbestos-containing material (ACM) across six parks, including parks within Hobsons Bay Council.
According to a Hobsons Bay Council statement issued on Thursday 4 April, results confirmed two pieces of material found at Donald McLean Reserve in Spotswood were ACM, with the reserve closed since Tuesday 2 April.
“A material hygienist was immediately brought in to inspect the playground area on Tuesday,“ the statement said.
“Council is working with the hygienist and the Environment Protection Authority (EPA) to conduct remediation works consistent with a management plan for the site.
“The safety of our community is our priority and council is working with the EPA and the hygienist to inspect other sites using this mulch.“
The EPA then issued two remedial notices to Hobsons Bay Council on Sunday 7 April, ordering proactive inspection of more parks and garden in the area and additional information to be supplied, include a list of all mulch suppliers, contractors and sub-contractors dating back to July 2021.
EPA officers have since uncovered suspected asbestos fragments across four other Hobsons Bay Council parks, as well as a construction site at Hosken Reserve in North Coburg.
According to Hobsons Bay Council, the two types of mulch included a recycled product around mature tree planting and a virgin soft mulch around the playground, with the two pieces of material found in the recycled product identified as bonded asbestos.
The EPA has advised bonded asbestos was generally made up of a small amount of asbestos fibres which are tightly bound in a product such as resin or cement and was considered low risk for people who are in contact with it, unless it is damaged or badly weathered, resulting in asbestos fibres being released into the air.
Berwick MP Brad Battin said there needed to be a “full and thorough audit“ completed to ensure all public parks were safe.
“The government first made a guarantee there was just one park with asbestos, now it is six,“ he said.
“Children’s safety is the priority, not the government’s reputation.“
A Casey Council spokesperson said the mulch used within open spaces within Casey was only sourced from recycled trees.
“The City of Casey is aware of recent discoveries of asbestos in mulch in several parks in Melbourne and is working with recent guidance from the Environmental Protection Authority (EPA) to ensure appropriate measures are being taken to mitigate or eliminate the risk of mulch contamination in Casey,“ the spokesperson said.
“All playground and open space contracts in the City of Casey are mandated to adhere to WorkSafe compliance codes concerning asbestos and hazardous substances.
“An asbestos register is actively maintained by council, complying with Occupational Health and Safety (OHS) regulations.“
According to the EPA, initial investigations have pointed to the majority of the ACM being a result of illegal dumping.
“When determining if a case is likely to be illegal dumping, officers look at the size and placement of the material,“ the statement read.
“When suspected asbestos pieces are larger in size than the standard size mulch, it is unlikely the asbestos has been through the mulching process.
“Officers also look for other signs of contamination in the area, such as more building waste and debris.“
Cardinia Council infrastructure and environment general manager Peter Benazic said the council was analysing its current mulch supply across its public spaces, with all mulch used in its parks locally sourced and utilising materials from fallen trees.
“Council is aware of the issues emerging regarding asbestos-materials being found in mulch across Victoria,“ he said.
“In response, council has contacted the current supplier for the shire, to ensure that adequate testing is being done on all softfall materials used in our local parks and reserves.
“Our supplier has confirmed that all softfall material used in Cardinia Shire meets the standard and is not affected by asbestos.“
In addition, the EPA has urged Victorians to only purchase mulch from businesses or individuals who can prove they are following high standards and quality checks.
The EPA has conducted a series of precautionary inspections of commercial mulch producers across the state to ensure they have effective systems and processes in place to meet Victoria’s strict environment protection laws.
Over the past five weeks, EPA officers inspected 59 producers and no asbestos was found in garden mulch.
While most producers had good systems and process in place, six have since been requested to strengthen controls to prevent contamination from occurring.
The EPA has confirmed they were aware free mulch was being advertised on popular online marketplaces and was recently contacted by a Heathmont resident who received free mulch last year which included building rubble, including asbestos.
EPA regulatory services director Duncan Pendrigh said while Victoria has some of the strongest regulatory requirements in place, everyone needed to stay vigilant.
“I urge the community to watch out for anyone offering garden mulch who can’t demonstrate they follow appropriate high standards and quality checks to avoid contamination,“ he said.
“EPA places strict conditions on industry and conducts regular inspections to ensure they maintain strong controls for preventing asbestos contamination.
“If the offer seems too good to be true, be wary of it.“
Mr Pendrigh said the EPA was always carrying out regular inspections of commercial mulch producers.
“If you suspect material in your mulch could be asbestos, do not disturb it and report it to EPA on 1300 372 842,“ he said.
In the 2022-23 financial year, the EPA took eight matters to court due to the mishandling of asbestos.
In the current financial year, the EPA has taken legal action in two criminal and two civil matters so far.
Businesses found guilty of mishandling asbestos can incur penalties of up to $2 million.
The Environment Protection Act 2017 required all businesses in Victoria to do what is reasonably possible to prevent their activities from causing harm to people’s health and the environment due to pollution or waste.
If they fail to comply, they could face large penalties, legal action and loss of EPA licences.
To report the discovery of asbestos or ACM or illegal dumping, contact the EPA on 1300 372 842.
