Tuesday, 8 March 2022

Morwell electorate asbestos contamination

Mr NORTHE (Morwell) (19:21): (6254) My adjournment debate is directed to the Minister for Emergency Services in the other place. The action I seek is for the minister and the government to find appropriate financial support for one of my constituents who has endured a horrible experience and significant financial hardship due to a situation that was completely out of his control.

By way of background, my constituent Matt Phelan owns a property in Hazelwood North. In the June 2021 floods a spillway on Mr Phelan’s property was damaged, and in a further rain event in late September further damage to the spillway unearthed buried asbestos on the property, which Mr Phelan and his family had absolutely no knowledge of. What transpired next was a nightmare for Matt and his family. Asbestos was subsequently dispersed into neighbouring properties. The EPA rightly became involved, and a clean-up notice was issued. Of course Mr Phelan and his family were absolutely distraught at the impact these storm and rain events had on his property and those of his neighbours. Mr Phelan then determined that he wanted to do the right thing for his community and his neighbours, so he proceeded with the clean-up works, which subsequently left him hundreds of thousands of dollars out of pocket.

Despite ongoing pleas to the EPA and Bushfire Recovery Victoria, no financial support has been offered or was forthcoming to Mr Phelan, despite the fact that he was completely unaware that any asbestos was previously buried on his property and despite the fact that this incident came as a result of an emergency flood and storm event. I mean, I just cannot fathom that one of our citizens has been treated in such a dreadful way. How can a person be left holding the bag in such a monumental way for an event that was entirely not of their doing nor their fault? To rub salt into the wound, we understand that if it were for example a shed on his property that contained asbestos building material and that same shed was damaged by a storm event that saw fragments of asbestos accidentally strewn across neighbouring properties, then he would have received state government support. So it seems that if one had knowingly had asbestos building materials in an existing shed on your land then support may well be forthcoming, but if you had no idea that asbestos was buried on your property, then you receive no assistance. I ask: how is this fair?

It seems New South Wales may have a program in place to deal with such circumstances, yet Victoria does not. On the New South Wales EPA website it states in part:

Immediate assistance is available under NSW Disaster Assistance Guidelines where asbestos at multiple damaged residential properties poses an unacceptable risk.

And that:

… specific authorisation by the NSW Government, NSW Public Works is funded to clean up and remove the material.

I plead with the Minister for Emergency Services to find a way to support my constituent who is dealing with not only the financial pain associated with this incident but the emotional trauma as well, which is primarily due to a circumstance and event he had no knowledge of and no responsibility for.