Former Cabinet Minister Matt Kean knew that contaminated recycled waste products were being distributed across the environment and communities, but did not act to stop the practice. A Ministerial Briefing note, obtained under freedom of information laws, has revealed that in December 2021 the Environment Protection Authority (EPA) told the Government that recovered waste products, known as recovered fines, were "not fit for purpose" and "should not be reused broadly in the community".
Between December 2021 and May 2022, the EPA halted planned changes to the recovered waste industry after pressure from commercial interests. No further regulatory action was taken by the EPA or Government to prevent asbestos, glass, plastics and heavy metals from being sold and distributed in consumer products across NSW.
Greens MP and spokesperson for the environment Sue Higginson said "Something happened between the end of 2021 and mid 2022 that allowed hazardous materials to continue to be sold and distributed by producers of recovered fines from waste,"
"This briefing note, signed by the then Environment Minister, recommended changes to the regulatory system for these products, recognised the harm that the materials could cause, and pushed back on the financial consequences for commercial interests. The EPA specifically recognised the potential financial impacts, but asserted that it's primary function is protection of the environment and communities,"
"It is baffling, that by May 2022, the EPA cancelled any changes to the industry, and the Coalition Government did not act to make changes to protect the environment or communities from contaminated recovered fines,"
"The current Leader of the Opposition, Mark Speakman, made representations in 2021 on behalf of one of the companies that produced recovered fines that indicated the EPA's evidence was flawed and out of date. But 3 years later there is still asbestos and other contaminants being sold at garden supply stores and being spread over playgrounds,"
"There is a case to be answered here, whether there has been undue political interference or plain incompetence, why was this industry not fixed at any of the times it was highlighted as a risk. The reviews in 2013, 2019 and 2020 all proved that the product was dangerous - but no one acted to stop it. This is a toxic legacy that needs to be explained and fixed. " Ms Higginson said.