What to Do if Asbestos is Found During Site Excavation

A Practical Guide for Builders, Developers and Site Managers in NSW

Discovering asbestos during excavation work can be an unexpected—and stressful—event for any construction or civil project. Whether you're digging footings, trenching for services, or bulk-stripping a site, unearthing suspect materials can bring a project to a halt and trigger serious safety and legal obligations.

At Confluence Environmental, we specialise in asbestos identification and remediation for contaminated land across Newcastle, the Central Coast, and greater NSW. Here’s what you need to know if asbestos is found during site excavation—and how to respond confidently, safely, and compliantly.

First Steps: Stop Work Immediately

If suspected asbestos is encountered:

  • Cease work in the immediate area to prevent disturbance.

  • Isolate the zone with physical barriers, signage or flagging tape.

  • Prevent dust generation (e.g. stop machinery, avoid dry sweeping or handling).

It’s a legal requirement under the NSW Work Health and Safety Regulation 2017 to manage asbestos exposure risks in the workplace. Failing to act appropriately could lead to prosecution, stop-work orders, or harm to workers and the public. Confluence Environmental can be engaged to provide WHS Consulting services, should this be required.

Confirm if It’s Asbestos

Do not assume—get it tested.

Materials may include:

Engage a Licensed Asbestos Assessor (LAA) or qualified consultant to:

  • Inspect and sample the material or soil

  • Submit samples to a NATA-accredited laboratory

  • Provide a report confirming if asbestos is present, and in what form (bonded, friable, or loose fill)

Confluence Environmental can often attend site same-day across Newcastle and surrounding regions.

Assess the Extent of Contamination

If asbestos is confirmed, the next step is to understand the scale and risk:

  • How much material is affected?

  • Is it localised or widespread?

  • Is it mixed throughout the soil or isolated to surface layers?

This may require:

  • Additional soil sampling

  • A targeted contamination assessment

  • A risk assessment to determine control measures

Regulatory Notification Requirements (NSW)

If asbestos is found during excavation, certain notification requirements may apply depending on the type of asbestos, the site status, and the nature of the works. These obligations fall under both WHS and environmental legislation in NSW.

You may be required to notify:

SafeWork NSW

  • If the site is a workplace and:

    • Friable asbestos is found or will be disturbed, or

    • More than 10 m² of non-friable (bonded) asbestos is to be removed, or

    • A licensed asbestos removalist is required

  • Notification must be made at least 5 days prior to removal works, unless it’s an emergency

The Local Council

  • If the site is subject to a development application (DA) or planning condition, councils may require notification and assessment outcomes

  • You may need to submit a contamination report, remediation plan, or validation report as part of your approvals process

NSW EPA

  • If the site meets the threshold for regulation under the Contaminated Land Management Act 1997 (CLM Act)

    • Typically this applies to significantly contaminated land

    • In most standard asbestos-in-soil cases, EPA regulation does not apply — but large or high-risk sites may still require EPA consultation

  • If transporting asbestos waste, you must:

Not Sure Who to Notify?

Every site is different. We assess the nature of the asbestos, the type of work involved, and your legal obligations—so you stay fully compliant without over-reporting.

Prepare a Remediation or Management Plan

Depending on the findings, you'll need a plan. This may include:

We tailor our plans to:

  • Project constraints and staging

  • Regulatory compliance

  • Budget and risk profile

All documentation is suitable for submission to councils, certifiers, and contractors.

Manage Removal or In-Situ Controls

If removal is required:

  • Engage licensed asbestos removalists with Class A or B licenses, depending on material type

  • Ensure waste is transported by a licensed transporter and disposed of at a lawful waste facility

  • Keep disposal dockets and clearance reports for records

If asbestos will remain:

  • Install clear signage and exclusion zones

  • Use capping layers, fencing, and recorded plans to manage future risk

Validate and Resume Work

Once remediation is complete:

  • A Competent Person or Licensed Asbestos Assessor must carry out clearance inspections and, where applicable, validation sampling

  • You’ll receive a clearance certificate or validation report

  • Work can safely resume once the area is deemed compliant

Need Support Managing Asbestos on Your Site?

At Confluence Environmental, we support projects across Newcastle, the Central Coast, and NSW with:

  • Rapid response asbestos assessments

  • Soil sampling and contamination delineation

  • Remediation planning and supervision

  • Final validation and reporting

From small discoveries to large-scale asbestos soil remediation, we help you get back on track with confidence, safety, and compliance.

Previous
Previous

Insurance and Asbestos Fires: What Property Owners Need to Know

Next
Next

Why You Should Get a Lead in Dust and Soil Test at Your Home — Especially in Lake Macquarie, Newcastle & the Hunter Valley