Asbestos and the law

Learn about your legal responsibilities when managing, removing or working with asbestos in Western Australia.
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There is no safe level of exposure to asbestos. Breathing in asbestos fibres can cause serious diseases, including asbestosis, lung cancer and mesothelioma. These diseases usually develop many years after exposure.

Asbestos is a serious health risk.

Western Australia’s laws and regulations are there to protect workers, homeowners and the community from asbestos exposure. If you manage a property or a workplace, you must follow these laws.

Several government departments are responsible for asbestos laws and issues. Visit Who to contact for contact details for asbestos regulators and information sources.

For homeowners and tenants

If you own a home, you are allowed to remove up to 10 m² of non-friable (solid and not easily crumbled) asbestos yourself. You must follow strict safety steps when doing this.

Even though unlicensed removal is allowed in some situations, we strongly recommend using a licensed asbestos removalist for any asbestos removal.

If the work involves:

  • more than 10 m² of non-friable asbestos, or
  • any amount of friable (crumbly or easily broken) asbestos

it must be removed by a licensed asbestos removalist.

You must also make sure asbestos waste is handled safely, transported correctly and taken to a licensed asbestos disposal facility.

If you are buying or renting a house built before 1990, you can ask the building inspector to check for asbestos-containing materials and include them in the building inspection report. Find out what material facts agents must disclose when buying a home in WA.

If you are renovating or managing a property, use a competent person and consult the Department of Health's website for guidance.

If there is any damaged asbestos in your property due to fire, storm or any natural disaster, it is the responsibility of the homeowner to arrange competent persons and removalists.

For more information, see Asbestos safety for homeowners and tenants.

For tradespeople

Tradespeople have a legal responsibility to follow the asbestos removal process.

You must:

  • follow the approved safety procedures when working with or removing asbestos
  • notify WorkSafe at least 5 days before any licensed asbestos removal work begins
  • keep any records of asbestos-related work or exposure.

For more information, see Asbestos safety for trades, contractors and recyclers.

For workplaces

Workplaces must have an asbestos management plan and asbestos register if the building was constructed before 2004, or if asbestos is likely to be present.

The employer or person conducting a business or undertaking (PCBU) must ensure that:

  • asbestos is identified, labelled and the risks are assessed by a competent person
  • an asbestos register is prepared and kept up to date
  • an asbestos management plan is prepared and implemented
  • health monitoring is provided for workers who are at risk of exposure to asbestos.

For more information, see Asbestos in a workplace.

Licensing requirements

You need a licence to remove asbestos. There are three types of asbestos licences. 

  • Class A removalist: Can remove all types of asbestos (friable and non-friable)
  • Class B removalist: Can only remove non-friable asbestos.
  • Licensed asbestos assessor: Can perform air monitoring, clearance inspections, and issue clearance certificates for all asbestos removal work and must be used for friable asbestos removal work conducted by a Class A removalist.

Learn about licensing requirements and apply for an asbestos removal or assessor licence.

Asbestos waste management

If you plan to remove asbestos from your property, you may need approval to remove asbestos products.

If asbestos is found in soil or on a property, follow the Department of Health’s guidelines:

Asbestos in workplaces must be identified and labelled, and the risks assessed by a competent person. Notification of all licensed asbestos removal work must be made at least 5 days before commencement.

Construction and demolition waste often contains asbestos. Recycling facilities must follow strict guidelines to manage asbestos risks. The Department of Water and Environmental Regulation has developed a guideline outlining measures that construction and demolition waste recycling facilities can use to manage the risk of asbestos contamination of feedstocks and products, reducing risks to site workers and the wider community.

For more information, see the guideline Managing asbestos at construction and demolition waste recycling facilities.

Report contamination, damaged or dumped asbestos

You need to take precautions for the proper disposal of asbestos.

You do not need to report asbestos-contaminated material if it is intact and undisturbed. The Asbestos and Silica Safety and Eradication Agency has a tool that you can use to search for an asbestos disposal facility near you.

To report any damaged asbestos, including asbestos cement fences or legally dumped asbestos, contact your local government environmental health officer. You can find your local council via MyCouncil.

Penalties for non-compliance

Failing to follow WA asbestos laws can lead to serious consequences. For example, if a workplace does not keep an asbestos register or hires an unlicensed removalist for friable asbestos or 10 m² or more of non-friable asbestos, significant fines can apply under the work health and safety (WHS) legislation.

Penalties may include:

  • fines for individuals and businesses
  • stop-work orders for unsafe removal practices
  • legal action if others are put at risk of asbestos exposure.

For more details on fines, penalties and infringement notices, see Frequently asked questions on the Asbestos Regulation Amendments.

Guidance materials

Department of Health

Department of Water and Environmental Regulation

WorkSafe, Department of Local Government, Industry Regulation and Safety

For guidance on WHS duties, notification requirements and compliance obligations, read Asbestos law and guidance. 

National approach

Australia has a national approach to asbestos awareness and management:

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