Got you, yes there may be a potential issue there with "using asbestos" - does having asbestos present in made ground constitute "use" in terms of a new building? The DoC does allow asbestos present in a building to remain though, so possibly there is a work around.
Being forced to remove asbestos from made ground prior to new building work might get rather tricky in terms of actually increasing the risk of exposure whilst this material is being lifted, transported and disposed of; and in the long term disposal at a landfill is not really much different to disposal under a building - how secure are either routes over 200 years? plenty of landfills have been or will be developed or disturbed in the future, I don't think you can safely say landfilling draws a line under the legacy.
Clive
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