John Holland and a contractor have entered into an enforceable undertaking with the NSW Environment Protection Authority following the discovery of asbestos-contaminated mulch at Rozelle Parklands. The legally binding agreement represents a resolution to the contamination incident that prompted one of the EPA's largest investigations.
The Rozelle Parklands was closed to the public after traces of bonded asbestos were identified in garden mulch used in landscaping. More than 10 tonnes of material was found throughout the site, with contaminated material identified in garden beds adjacent to the playground.
The contamination sparked a significant regulatory response. The largest investigation in the EPA's history was launched after bonded asbestos was discovered in mulch at Rozelle Parklands, with over 300 sites inspected and 79 sites identified as having used contaminated mulch. Most of the contaminated mulch detected across Sydney in January and February 2024 was traced back to the Greenlife Resource Recovery Facility in Bringelly, in Sydney's south-west.
The discovery at Rozelle Parklands exposed broader systemic problems in waste management oversight. A staggering 43 per cent of waste management companies have been ordering laboratories to repeatedly retest toxic waste samples until they meet acceptable contamination thresholds. A 2019 EPA review found that 57 per cent of facilities producing "recovered fines" were contaminated with asbestos, yet the agency refused to tighten regulations, citing industry claims that it would cost too much.
Enforceable undertakings are voluntary, legally binding written agreements between the EPA and a company that are enforced by the Land and Environment Court. These agreements typically include financial contributions, compliance improvements, and ongoing reporting obligations. Similar undertakings have been used in other environmental enforcement cases, such as when Veolia agreed to pay $590,000 following the discovery of asbestos fragments at its Horsley Park Waste Management Facility.
The Inner West community and local elected officials had raised concerns about contractor accountability throughout the remediation process. Inner West Council took legal action to force John Holland and CPB, the contractors who built Rozelle Parklands and the Rozelle Interchange, to expedite the clean-up, reflecting frustration over the pace of remediation efforts.
The agreement marks a shift in how regulators handle environmental compliance in NSW. In April 2024, the Environment Protection Legislation Amendment Act entered into force, doubling maximum penalties for environmental crime and substantially expanding the NSW EPA's investigatory powers. The asbestos crisis had prompted these legislative changes.
The enforceable undertaking with John Holland and the contractor suggests the EPA has concluded its investigation into the company's role in the contamination. Reasonable people can differ on whether an undertaking is sufficient accountability for contamination affecting dozens of public sites, or whether it represents appropriate resolution after the fact. What is clear is that the undertaking codifies legal obligations enforced through the courts, binding both the company and the EPA to specific remedial actions and reporting requirements going forward.