Transporting structures containing asbestos

Asbestos-containing materials (ACM) were used extensively throughout Australian buildings and structures, plant and equipment and in ships, trains and motor vehicles between the 1950’s and 1970’s, with some new uses recorded until 31 December 2003.

The importation of asbestos or ACM into Australia is now prohibited under the Customs (Prohibited Imports) Regulation 1956.

Issue

SafeWork NSW has identified a number or advertisements where houses are being offered for relocation. Due to the age of the properties (pre-1990), they most likely contain asbestos.

Position

SafeWork NSW advises that the relocation of asbestos containing material is prohibited under the Work Health and Safety Regulation 2025.

Legislation

Section 419 (1) of the regulations is about “Work involving asbestos or ACM – prohibitions and exceptions” and states “a person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work involving asbestos”.

In this clause, work involves:

  • manufacturing
  • supplying
  • transporting
  • storing
  • removing
  • using
  • installing
  • handling
  • treating
  • disposing of, or
  • disturbing asbestos or ACM.

Under the Work Health and Safety Act 2011, ‘reasonably practicable’ means an act which is reasonably able to be done to ensure health and safety.

Visit the Safe Work Australia for the full definition.

All ACM must be removed from buildings before relocation and cannot be reused.

Risk management

Moving buildings containing ACM can cause the ACM to become loose and fall off, causing a hazard in transit or when the building is reconstructed (such as unloading, restumping, re-piering, re-joining and re-plumbing of services). This could result in potential health hazards and expensive clean-up costs.

All ACM, or material presumed to be ACM, must be removed from the structure before it is transported. For example, this includes common areas where ACM exists such as external and Internal walls, ACM roofing and guttering, ceilings, flooring (vinyl tiles), bathrooms and kitchens.

SafeWork NSW advises the following:

  • non friable ACM is removed from the property by a licensed asbestos removalist (Class A or B licensed asbestos removalist)
  • a clearance certificate is issued by an independent competent person for all the ACM removed
  • any friable asbestos containing material must be removed by a Class A licensed asbestos removalist and a clearance certificate issued by an independent licensed asbestos assessor
  • ACM removed or replaced by a non-ACM material.

Transporting Structures that contain asbestos will require an exemption from the WHS Regulation 2025.

Exemptions (PDF, 567 KB) will be assessed on a case-by-case basis, and you will be asked to provide the following information for consideration:

  • your business name and ABN
  • the addresses of where the structure will be moved from and to
  • proof of council consultation and approval
  • copy of the asbestos register for the structure
  • reasons why it is not reasonably practicable to remove the ACM
  • the name and asbestos-related qualifications of the person who will be transporting the structure
  • details of ACM to be removed prior to the relocation, i.e., friable ACM, ACM in poor condition, and ACM which could be damaged during the relocation, and
  • controls used to prevent damage to any ACM, including to prevent any ACM falling out of, or from, the structure to which the approval applies.
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