A clandestine drug laboratory has been detected on my property

OFFICIAL

Fact Sheet

A clandestine drug laboratory

has been detected on my

property – what happens now?

Clandestine drug laboratories (clan

labs) are premises or vehicles in

which unlawful manufacture or

attempted manufacture of controlled

drugs such as methamphetamine

have occurred, or where chemicals,

equipment or waste materials related

to unlawful manufacture of a

controlled drug have been located.

Clan labs that are detected by police are notified to public health authorities.

The unlawful manufacture of controlled drugs can result in long-term contamination of

premises. As this contamination is potentially hazardous to human health, the property owner

must ensure premises where a clan lab has been detected is safe before they can be

reoccupied.

Why are clan labs a risk to public health?

Clan lab operators use improvised equipment, materials and methods during the drug

manufacture process and may illegally dispose of waste products. This can result in significant

and widespread chemical contamination throughout a property. Exposure to these chemicals is

considered a serious risk to health as many of the chemicals are toxic, flammable and/or

corrosive. Short-term exposure to these chemicals can result in nausea, vomiting, headaches

and chest tightness, while long-term exposure can result in severe skin irritation, insomnia,

irritability, hyperactivity, behavioural changes, and adverse cardiovascular effects.

Given the health risks posed by these chemicals, it is important that occupation of premises

where a clan lab has been detected is prevented until the nature and extent of the chemical

contamination is assessed and any required remediation has been completed.

What happens when a clan lab is detected?

When a clan lab is detected, the police will investigate and seize equipment and other items as

evidence to support any legal proceedings. The police then notify the relevant public health

authority to ensure any potential public health risks in the property are addressed.

If a clan lab is identified on a property, do not touch it or attempt to shut it down.

Immediately contact police by telephoning triple zero (000) so that experts who are properly

trained in the safe dismantling and handling of equipment and products used in the

manufacturing process may be dispatched. Attempts to shut down or dismantle an active clan

lab may result in injury or death.

What happens when public health authorities are notified?

A site assessment notice under the South Australian Public Health Act 2011 will be issued on

the property owner by the relevant public health authority (usually the local council), requiring

the property owner to:

 prevent occupancy of the premises. The relevant public health authority may also work in

partnership with the Housing Safety Authority to ensure occupancy of residential premises

is prevented; and

OFFICIAL

 assess the level of chemical contamination present in the premises by engaging a

suitably qualified expert to conduct a sampling program and prepare a report on the

methods and findings of the sampling program and, if necessary, provide remediation

recommendations (a remediation action plan).

If the report indicates that contamination is present and remediation is required, a site

remediation and validation notice under the South Australian Public Health Act 2011 will be

issued on the property owner by the relevant public health authority requiring the property

owner to:

 remediate the premises by engaging a suitably qualified expert to clean and/or remove

contaminated materials.

 confirm that the remediation was successful by engaging a suitably qualified expert to

conduct further sampling to make sure the contamination has been removed and the

premises is safe to reoccupy.

Penalties apply for non-compliance with a notice (maximum penalty $25,000). Also, if the

requirements of a notice are not complied with, the relevant authority may take any action

specified in the notice and recover the costs from the owner of the premises.

To prevent the inadvertent/unwitting purchase or rental of a property that has been used as a

clan lab and has not yet been assessed or remediated, SA Health and the Housing Safety

Authority flag all notified clan labs on the South Australian Integrated Land Information System

(SAILIS).

Local councils may also flag notified premises for the purposes of section 7 searches under the

Land and Business (Sale and Conveyancing) Act 1994. Flagging these properties means that

prospective buyers of properties may be made aware of the potential ongoing health risks

associated with the property and are duly informed of any legal obligations they may take on in

relation to the assessment and remediation of the premises.

The Housing Safety Authority will place the property on the Substandard Properties Register

and may also take formal action to prevent the occupation of the premises until it is deemed

safe.

How do I find someone to assess chemical contamination?

As residual contamination may be present even when there is no apparent odour or visible

staining associated with the drug manufacturing process, specialist technical expertise and

equipment is required for the assessment of clan labs.

To ensure a clan lab assessment is conducted appropriately and in accordance with legislative

requirements, it must be performed by a suitably qualified expert (assessor) with experience in

the fields of environmental engineering, environmental science, environmental health, or

occupational hygiene, and who is in possession of tertiary qualifications in one of these

disciplines from a recognised educational institution (a recognised university).

Assessors can be found through:

 an internet search

 relevant certified membership organisation such as the Australian Institute of Occupational

Hygienists https://www.aioh.org.au/resources/consultants/

It is important to confirm that the qualifications and experience of prospective assessors meet

the mandatory requirements of the relevant South Australian legislation.

If your property is insured, you should check with your insurance provider to determine if your

policy covers you in these circumstances. Your insurance provider may also be able to

recommend a suitable assessor.

OFFICIAL

How do I find someone to remediate (clean) chemical

contamination?

As the remediation of clan labs involves specialist techniques (which extend beyond a general

clean), it is important that remediation service providers (specialist industrial cleaners) are

sufficiently knowledgeable and experienced to undertake the work required as per the

remediation recommendations made by the assessor. Suitable remediation service providers

can be found through an internet search.

To prevent conflicts of interest, remediation service providers should have no association with

the assessor(s) and should not be engaged by the assessor. Similarly, remediation service

providers should not engage the assessor to perform post remediation validation sampling.

How is contamination of my property assessed?

To assist in determining the presence and degree of any chemical contamination, there are

National Guidelines that outline the sampling program that must be undertaken by an assessor.

In summary, the sampling program must include (as a minimum):

 taking at least five surface samples from within the premises and submitting them to a

suitable laboratory for quantitative assessment.

 taking and testing surface samples from areas that show evidence of contamination,

surfaces used in the drug manufacturing process and any room inhabited by a child less

than 16 years of age.

 testing for volatile organic compounds throughout the premises.

 taking at least two soil samples from areas where there is evidence of soil contamination or

near well-travelled paths.

Assessors must follow the sampling program described in the National Guidelines and provide

the premises owner with a written report which outlines the results and the remediation steps to

be implemented to reduce the health risks to acceptable levels. To assist in the development of

the sampling plan, local council officers and premises owners are encouraged to provide the

assessment service provider with any relevant available background information on the clan lab

(e.g., the notice and attachments issued by the local health authority).

What services should I expect from an assessor?

 Preliminary assessment – At least five surface samples from within the premises will be

taken and tested, testing will be undertaken for volatile organic compounds (VOCs)

throughout the premises and soil samples (minimum of two) will be taken for testing from

areas where there is evidence of soil contamination or near well-travelled paths. Indoor and

outdoor areas of the property will be assessed, after which a detailed preliminary

assessment report will be provided.

 Remediation action plan (RAP) – When a preliminary assessment report shows that

investigation levels have not been exceeded, remediation is not required. However, it is

recommended that the property is generally cleaned. If the preliminary assessment report

shows investigation levels (detailed on page 28 of the National Guidelines) have been

exceeded, a RAP will be developed by the assessor detailing all the actions recommended

to reduce risks to acceptable levels and establish safeguards to complete the remediation

in an environmentally acceptable manner.

 Post clean/remediation assessment – Once the clean has been completed, the assessor

will conduct a site validation to ensure that the objectives stated in the RAP have been

achieved. The assessment will include but not be limited to the following: a general

inspection of the site, re-sampling of all surfaces from which initial samples were taken

where results exceeded investigation levels, sampling of areas which are expected to have

frequent contact (for example kitchens and bathrooms) and sampling for VOCs where

required. Ideally, the same assessor will conduct the pre and post remediation

assessments.

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 Validation report – The details of the site validation and clean up report are compiled and

presented in a validation report. This report will be assessed by the public health authority

to ensure the property has been remediated successfully and the post remediation sample

results are below the investigation levels. A satisfactory report will result in the removal of

notices and the flags placed on the property on SAILIS by SA Health, the local council, and

the Housing Safety Authority, and the property will be removed from the Substandard

Properties Register.

Where can I find more information about clan labs?

The ‘South Australian Public Health (Clandestine Drug Laboratories) Policy

2016’ and the ‘Practice Guideline for the Management of Clandestine Drug

Laboratories under the South Australian Public Health Act 2011’

These documents describe the legal framework for how public health authorities resolve the

public health risks associated with clan labs in South Australia.

 Available at: Clandestine drug laboratories | SA Health

The National Clandestine Drug Laboratory Remediation Guidelines

 The National Guidelines provide the framework in which clan labs should be assessed by

suitably qualified experts. It also contains the investigation levels for methamphetamine

and other contaminants which are used to determine if further assessment and remediation

are required. Your assessor and remediation company must comply with the National

Guidelines, and it is important that you confirm this with them.

 Available at: https://www.ag.gov.au/sites/default/files/2022-09/crime-clandestine-drug-

laboratory-remediation-guidelines.pdf

US EPA Voluntary Guidelines for Methamphetamine and Fentanyl Laboratory

Cleanup

 Whilst not an Australian publication, this is a comprehensive guideline which describes clan

lab remediation methods and techniques.

 Available at: https://www.epa.gov/sites/default/files/documents/meth_lab_guidelines.pdf

For more information

Health Protection Programs

SA Health

PO Box 6

RUNDLE MALL SA 5000

Email: [email protected]