Moved by Councillor Scott, seconded by
Councillor Jarrett -
It is resolved that:
(A)
Council
note:
(i)
asbestos
in all forms is a carcinogenic mineral, resistant to heat, electricity and
corrosion, extremely dangerous to humans when exposed to;
(ii)
on 13
January 2024, a community request from Ms Natasha Moulton was passed onto the
Chief Executive Officer, requesting confirmation that Greenlife was not park of
the City’s supply chain, along with a request to test all City parks;
(iii)
on 15
January 2024, in response, the Chief Executive Officer provided advice to
Councillors that Greenlife was not part of the City’s supply chain, and that
the request to test City parks was rejected;
(iv)
on 12
February 2024, Councillors were advised via email that, following an
Environment Protection Authority (EPA) notification to the City of Sydney, that
mulch has tested positive for both bonded and friable asbestos contamination;
(v)
first
media reports about the asbestos concerns were at Monday 12 February 2024 at
10:06pm Australian Eastern Daylight Time, nearly 12 hours prior to fences or
physical barriers to protect the City community going up;
(vi)
the
following sites across the City of Sydney have been confirmed to have asbestos
contamination, with confirmation on the following dates:
(a)
Rozelle
Parklands - 10 January 2024;
(b)
Belmore
Park, Haymarket - 12 February 2024;
(c)
Victoria
Park, Camperdown - 12 February 2024;
(d)
Harmony
Park, Surry Hills - 12 February 2024 (friable asbestos);
(e)
Munn
Reserve, Millers Point - 17 February 2024;
(f)
North
Rosebery Park - 20 February 2024;
(g)
Bicentennial
Park between Glebe Point Road and Johnstons Creek - 20 February 2024 (friable
asbestos);
(h)
Bicentennial
Park between Chapman Road and Johnstons Creek - 22 February 2024;
(i)
Jubilee
Park - 22 February 2024;
(j)
Wentworth
Park - 22 February 2024;
(k)
Harold
Park - 22 February 2024;
(l)
Wood
Street Lands - 22 February 2024 (friable asbestos);
(m)
Observatory
Hill Park - 22 February 2024;
(n)
Robyn
Kemmis Reserve - 23 February 2024; and
(o)
Giba
Park - 26 February 2024;
(B)
Council
formally refers this matter to the City of Sydney Audit, Risk and Compliance
Committee, and requests the Chair to commission an independent investigation
into the asbestos outbreak, with terms of reference to be determined by the
City’s Audit, Risk and Compliance Committee, which reports back to the Audit,
Risk and Compliance Committee and Council; and
(C)
the
Chief Executive Officer be requested to:
(i)
undertake
testing for all City of Sydney early education and care centres, parks,
playgrounds, garden beds and areas with mulch, and ensure results are publicly
available on the City’s website;
(ii)
provide
legal advice to Councillors on the legal and other liability risks to the Lord
Mayor and Councillors;
(iii)
provide
advice to Councillors on the estimated resourcing implications, regulatory
requirements, and steps undertaken to meet these requirements, by 8 March 2024;
(iv)
provide
a weekly briefing to Councillors on progress and precautions undertaken, and a
daily update if and when changes are made to the City’s asbestos register; and
(v)
bring
to Council a revised Budget with appropriate provisions for any future
liability and other relevant expenses by May 2024.
The motion
was lost on the following show of hands -
Ayes (3) Councillors
Jarrett, Scott and Weldon
Noes (7) The
Chair (the Lord Mayor), Councillors Chan, Davis, Ellsmore, Gannon, Kok and
Worling.
Motion
lost.
X086655