NSW EPA classifies construction and demolition waste into one of six waste classes, and only a facility licensed for that class can lawfully accept it. If asbestos is involved, a homeowner or tradesperson can remove less than 10m² of non-friable asbestos without a licence; anything larger, or any amount of friable asbestos, needs a licensed removalist.
Last updated: August 2026, checked against NSW EPA, asbestos.nsw.gov.au and SafeWork NSW pages updated between May 2024 and March 2026.
What counts as construction and demolition waste, and how NSW classifies it
Construction and demolition (C&D) waste covers everything left over from building or knocking down a structure: concrete, bricks, timber and excavated soil are the most common materials. What determines where that waste can legally go isn't the material itself, but its classification. To comply with NSW waste legislation, whoever generates the waste is responsible for classifying it into one of six waste classes: special waste, liquid waste, hazardous waste, restricted solid waste, general solid waste (putrescible), and general solid waste (non-putrescible).
That classification isn't a paperwork formality. Waste can only be taken to, and accepted at, a waste facility that's lawfully authorised to receive, re-use or dispose of that particular classification. Before sending waste to an unfamiliar facility, the EPA recommends checking the POEO public register to confirm it's EPA-licensed, and checking that facility's environment protection licence to confirm it actually covers your waste's classification.
Asbestos in demolition waste: what's legal to remove yourself
Asbestos is the demolition waste category NSW regulates most tightly, and it's common in anything built or renovated before 1990. How much you can legally remove yourself depends on the type and the amount.
A homeowner can remove less than 10m² of non-friable (bonded) asbestos themselves, and a tradesperson can remove less than 10m² on the homeowner's behalf, without a licence. Removing more than 10m² of non-friable asbestos, or any amount of friable asbestos at all, requires a licensed asbestos removalist. That's why a whole-building demolition will typically need a licensed removalist even where a small home repair wouldn't: the area involved is almost always well over 10m².
Licensing splits into two classes. A Class A licence covers both friable and non-friable asbestos, including friable asbestos fire doors and safes. A Class B licence covers only non-friable asbestos or asbestos-containing material above the 10m² threshold, and can't be used for friable material. Friable asbestos must always be removed by a Class A licence holder, regardless of quantity.
Once a removalist is engaged for a job over 10m², they must notify SafeWork of the removal, display warning signs, follow the SafeWork Code of Practice, and decontaminate people, work areas and tools once finished. Any removal or transport of more than 10m² or 100kg of asbestos waste must be tracked using the EPA's WasteLocate system, whether you remove it yourself or a professional does. If you're transporting more than 100kg or 10m² of household asbestos yourself, you must also notify the EPA within 24 hours of delivering the load, using the EPA's disposing-of-household-asbestos form; a licensed contractor doing the same job notifies the EPA through the Integrated Waste Tracking Solution instead.
Asbestos waste can only go to a landfill licensed to accept it. It's illegal to dump it, put it in a kerbside bin, put it in an uncovered skip bin (or one not approved to hold asbestos), or reuse or recycle it for something like building material or fencing. If you spot asbestos that's been illegally dumped, don't touch it; report it to your local council or the EPA's Environment Line on 131 555.
For the worker-safety side of a demolition project itself, rather than the waste it produces, see our separate guide to NSW building demolition safety rules and regulations.
Where demolition waste actually has to go
Once C&D waste leaves site, it doesn't just go to any tip. Every load of construction waste arriving at a C&D Waste Facility must be inspected by trained personnel, either from an elevated platform or by video camera, specifically to check for asbestos or other unpermitted waste. If asbestos is identified or reasonably suspected, staff must reject the entire load, direct the driver to leave the facility immediately, and record it in the facility's rejected load register; a rejected load has to leave the facility within a day. In other words, mixing asbestos into a general demolition load doesn't just risk a fine, it risks having the whole truckload turned away.
This inspection regime exists because the waste hierarchy under the POEO Act prioritises resource recovery, recycling and re-use over disposal, and mismanaged construction waste (particularly asbestos-contaminated material) undermines that. Practically, it means phoning ahead before you turn up: many facilities that accept asbestos or demolition waste require a booking at least 24 hours in advance. Sydney-area facilities that accept household asbestos include Elizabeth Drive Landfill at Kemps Creek and Bingo's Eastern Creek Landfill, among others, though acceptance and requirements vary, so always confirm directly with the facility before you arrive.
Who's legally responsible, and what it costs to get it wrong
Getting the waste to the wrong place isn't just a facility's problem. Under the POEO Act, both the owner of the waste and the person transporting it can be found guilty of an offence if it's taken to a place that can't lawfully accept it, and "owner" includes whoever owned the waste immediately before it was transported. An owner has a defence if they can show the offence happened due to something outside their control, and that they took reasonable precautions and exercised due diligence to prevent it.
The current fines are tiered by scale. For depositing more than 50 litres or 50kg of waste in a public place or open private place, the on-the-spot fine is $1,000 for an individual ($2,500 in a "sensitive place") or $5,000 for a corporation ($10,000 in a sensitive place), with maximum court penalties of $25,000 or $50,000 for an individual and $50,000 or $100,000 for a corporation. For larger-scale dumping, the on-the-spot fine rises to $15,000 for an individual and $30,000 for a corporation, and the maximum penalty climbs to $500,000 for an individual (plus $120,000 for every day the offence continues) and $2,000,000 for a corporation (plus $240,000 a day). If the dumped waste contains asbestos, the maximum penalty doubles for both individuals and corporations.
The EPA's practical advice for project owners is to check who you're dealing with before work starts, using an ABN Lookup search plus a check of the EPA's Public Register of licences, notices and prosecutions, put waste transport and disposal terms in a written contract, and get proof, usually a disposal docket naming the receiving facility, date and quantity, before paying a contractor for the job. Separately, it's an offence under section 144AA of the POEO Act for anyone to give false or misleading information about waste in the course of dealing with it.
What it costs to dispose of demolition waste lawfully: the NSW waste levy
Licensed waste facilities in the regulated part of NSW pay a contribution for every tonne of waste they receive, known as the waste levy. The regulated area covers the Sydney metropolitan area, the Illawarra and Hunter regions, the central and north coast local government areas up to the Queensland border, and the Blue Mountains, Wingecarribee and Wollondilly local government areas. That per-tonne cost is generally passed through to whoever's disposing of the waste. For the 2026-27 financial year, effective from 1 July 2026, the levy is $180.20 per tonne in the Metropolitan Levy Area and $103.80 per tonne in the Regional Levy Area.
Excavated demolition material that qualifies as virgin excavated natural material attracts a lower concessional rate: $162.20 per tonne in the Metropolitan Levy Area and $93.40 per tonne in the Regional Levy Area for 2026-27. Sending demolition waste to recycling or resource recovery rather than straight to landfill is the main way to reduce levy exposure, consistent with the waste hierarchy's preference for recovery and re-use over disposal.
FAQ
How much asbestos can I remove myself in NSW? Less than 10m² of non-friable (bonded) asbestos, if you're the homeowner or a tradesperson working on the homeowner's behalf. Anything larger, or any amount of friable asbestos, has to be removed by a licensed asbestos removalist.
What happens if a demolition load contains asbestos? C&D Waste Facilities inspect every load for asbestos before it's accepted. If asbestos is found or suspected, the whole load is rejected and has to leave the facility within a day; asbestos waste can then only go to a landfill specifically licensed to accept it.
What's the NSW waste levy on construction and demolition waste in 2026-27? $180.20 per tonne in the Metropolitan Levy Area and $103.80 per tonne in the Regional Levy Area, effective from 1 July 2026. Excavated material that qualifies as virgin excavated natural material gets a lower concessional rate.
Who's legally responsible if demolition waste ends up somewhere it shouldn't? Both the waste's owner and whoever transported it can be held liable under the POEO Act. Current maximum penalties for larger-scale unlawful dumping run up to $500,000 for an individual and $2,000,000 for a corporation, doubled if the waste contains asbestos.
Get demolition waste off site the compliant way
Paul's Rubbish Removal collects construction and demolition waste across Sydney, so it goes to a facility that can actually accept it rather than becoming your problem later. See demolition waste removal or call 0407 125 125 for a free quote.
