A17 – Containment of Category D waste soil

When you need a permit for this activity

You must get a permission from us to conduct certain activities that have risk of harm to human health and the environment. These are called prescribed activities and are defined in Schedule 1 of the Environment Protection Regulations 2021.

Under the Regulations, you need an A17 – Containment of Category D waste soil permit for activities that involve containment on a project site of Category D waste soil generated at that project site.

For the purposes of this activity, 'project site' is defined in the Regulations. It means any land we specify in the permit, provided that land:

• is a single area identified as part of an amendment to a planning scheme under the Planning and Environment Act 1987 (on or after 1 July 2021), or
• relates to public works within the meaning of the Environment Effects Act 1978.

For more information about managing Category D waste soil, visit Manage waste soil.

Types of waste soil that do not need an A17 permit

If the waste is brought onto the site from another project or activity, an A17 permit is not appropriate. Another permission may apply – for example:

• A01 – Reportable priority waste management
• A13a – Waste and resource recovery (large).

Check Schedule 1 of the Regulations for permissions that may be more suitable for containment of offsite waste soil. To learn more, visit Authorised to receive industrial waste.

If the waste soil from your site contains acid sulfate soil, you must manage this waste separately as priority waste. In this case, waste code N123 applies. For more information, visit Manage waste soil or refer to Schedule 5 of the Regulations.

Material that's entirely or principally ballast may not be considered waste soil for the purpose of an A17 permit. Check Schedule 1 of the Regulations for permissions that may be more suitable for supply or use of ballast.

Information to include in your application

When you submit your application in the portal, it must include certain information and supporting evidence. To learn more, visit Apply for a permit.

If you're unsure of the type of permission you need, use our free permission pathway process before you start your application.

For this application, you must also provide:

Summary of the proposal

Describe:

• whether the containment is temporary or permanent (if temporary, describe the ultimate management of the material at the end of the project)
• your assessment of and proposed methods for controlling the risks associated with storage and handling of the Category D waste soil.

Category D waste soil can sometimes contain liquids or be in the form of a liquid, such as mud, slurry, run-off or other leachates. For more information, refer to the Liquid storage and handling guidelines.

Consideration of risk of harm to human health or the environment

Provide details of your assessment of the risks to human health and the environment. Also provide supporting evidence, including:

• a conceptual site model outlining potential source, pathway and receptor relationships
• how your proposed containment methodology will manage or control the risks.

Risks include:

• dust
• noise
• leachate
• stormwater
• vapours from contaminated land.

Provide a plan showing the site location. Include:

• the location where you will contain category D soils
• discussion of the land use setting of the proposed receiving site and consideration of ecological and health-based investigation levels for that land use, as outlined in the National Environment Protection (Assessment of Site Contamination) Measure (ASC NEPM)
• location of your proposed controls to manage risk
• any other monitoring locations
• engineering details of any facility designed to contain contamination or prevent further contamination
• supporting evidence – for example, in the form of a conceptual site model – that demonstrates that you can control the risk to onsite or nearby receptors
• evidence that these sites meet the definition of 'project site' in the Regulations.
  

Sampling and analysis

Describe the results of your initial soil sampling and classification, including but not limited to:

• total concentration
• leachability.

Your description should follow the:

• Waste classification assessment protocol
• Waste disposal categories – characteristics and thresholds
• Soil sampling for waste soils.

Describe your risk management and monitoring program for potential air or noise emissions and liquid discharges.

Application fee

For a list of current fees and how they're calculated, visit Fees. An extra fee may apply if we need more time than specified in the Regulations to assess your application.

If an application fee applies, we cannot assess your application until we've received and processed this fee.

How long your permit is valid for

Your permit is valid for 5 years or may be surrendered after the site works are complete. The duty to manage contaminated land applies to you or the new owner or occupier.

How we assess your application

Find out how we assess your application and how long it takes.

Permit conditions

Permission conditions outline the legal obligations for the permission holder. They set up a framework for risk management, record keeping and reporting.

Where a condition includes:

• the word 'placeholder', values will be populated with information that's specific to your site
• a reference to a 'figure' or 'appendix', information will be populated that's specific to your site.

'Authority' means Environment Protection Authority (EPA).

Other conditions may apply.

Apply now

Apply for an A17 – Containment of Category D waste soil permit in our portal.

Apply now

Manage your permit

To amend, transfer or surrender your permit, visit Manage your permission.