Where waste soil meets the definition of industrial waste, duties under the under the Environment Protection Act 2017 apply to managing, transporting, depositing and receiving industrial waste.
If waste soil is classified as priority waste or reportable priority waste, other duties may apply.
You may need an expert to help you manage waste soil, such as an accredited consigner. They can help you with:
- classifying waste soil
- transporting waste soil to a place authorised to receive it(lawful place)
- recording and tracking waste on Waste Tracker.
Classify waste soil
Classifying waste soil involves:
- looking up the relevant waste code or codes
- determining whether the waste is also priority waste or reportable priority waste.
Waste code N120 is contaminated soil and is reportable priority waste. N122 is fill material and is not priority waste. N123 is acid-sulfate soil and is priority waste.
You need the waste code and type before transporting waste soil.
A person who is in mangement or control of soil sourced on site from contaminated land that is industrial waste, must classify that waste soil as soon as practicable after sourcing it.
Learn more about classifying waste.
Priority waste categories for waste soil
To meet the priority waste duties, if your waste soil is classified as priority waste, you need to identify the priority waste category.
The priority waste categories for soil are:
- categories A, B, C and D
- soil containing asbestos only.
Category D applies only to soil and covers the least hazardous contaminated soil. If the waste soil is Category D, it's reportable priority waste, and the reportable priority waste duties also apply.
The priority waste category tells you:
- which landfills can receive the waste soil
- the waste levy you need to pay to dispose of the waste soil at a landfill.
The more hazardous the soil is, the higher the waste levy.
The category also tells you if you must get a permission – for example, to contain the soil on a project site – and if you need to treat the soil.
You must identify and classify your industrial waste before relinquishing management or control of the industrial waste for the purposes of transport. If your industrial waste soil is sourced on site from contaminated land, you must identify and classify it as soon as practicable after sourcing the soil.
Waste soil sampling
You may need to sample soil to classify and categorise it correctly. Make sure you use a consistent approach when taking soil samples.
Refer to Soil sampling for waste soils to find out about:
- preliminary site investigations
- how many samples you need for the volume of soil
- suggested sampling grids
- calculation procedures.
This guidance is for environmental professionals and people with a reasonable level of knowledge of environmental assessment and waste soil.
Waste soil should be sampled if it:
- comes from potentially contaminated land
- comes from known contaminated land, as per regulation 62 of the Environment Protection Regulations 2021
- has been mixed with any waste
- consists of, or partially consists of, soil of unknown origin brought onto a site
- comes from sites where former uses include industrial, commercial, mining or agricultural activities
- has had manufactured chemicals applied.
For volumes greater than 5,000 m3, the following options may be used to determine the appropriate number of sampling results required to assign a waste category:
- Option 1 – One sample per 250 m3, using the 95% UCL average to compare against waste disposal category thresholds.
- Option 2 – Undertake the combined risk value. We recommend verification of classifications using this option by an EPA-appointed environmental auditor.
Manage Category D waste soil
Category D is a priority waste category that applies only to waste soil. Category D covers the least hazardous contaminated soil.
Category D waste soil is defined in Waste disposal categories – characteristics and thresholds. Category D waste soil contains contaminants:
- greater than the upper limit for fill material in Table 3
- below the upper limit for Category D in Table 2.
Category D waste soil is reportable priority waste. It must go to a place authorised to receive it.
Category D waste soil can be:
- reused on site if you comply with your obligations under the general environmental duty and duty to manage contaminated land
- contained on a project site under an A17 – Containment of Category D waste soil permit
- treated to lower its contaminants so it becomes fill material
- sent to a landfill authorised to receive Category D waste soil.
Contain and use Category D waste soil
Category D waste soil can be reused on site or contained on a project site. When managing Category D waste soil, you must meet the general environmental duty.
You must get an A17 – Containment of Category D waste soil permit to:
- contain the soil in parts of the project site, or
- temporarily store the soil at another part of the same project site before returning it for containment at the original generation point.
An A17 permit authorises the containment onsite of Category D waste soil generated at that project site.
Where Category D waste soil has been used or contained, we may issue a site management order on the land title for ongoing management.
Dispose of Category D waste soil
You can dispose of Category D waste soil at landfills authorised to receive Category D waste soil.
Treat Category D waste soil
You can treat Category D waste soil to lower the level of contaminants below the upper limits for fill material in Waste disposal categories – characteristics and thresholds. The treated soil can then be classified and managed as fill material.
Transport Category D waste soil
Category D waste soil is:
- reportable priority waste (transactions) – this means any time the soil changes hands, you must track it in Waste Tracker
- reportable priority waste (transport) – this means you must transport the waste in a registered vehicle.
Soil containing asbestos only
Soil containing asbestos only is a priority waste category. Not all waste soil containing asbestos falls into this category.
This category only applies to soil that:
- contains asbestos, and
- does not have contaminant concentrations greater than the upper limit for fill material in Table 3 of Waste disposal categories – characteristics and thresholds.
If the contaminant concentrations are higher than the upper limit for fill material, the soil is Category A, B, C or D. If the contaminant concentrations are lower but the soil contains asbestos, it is categorised as soil containing asbestos only.
Asbestos-containing material must be removed from soil so far as reasonably practicable. The soil is expected to be visually free of asbestos-containing material before it can be considered fill material.
To learn about receiving and treating soil containing asbestos for offsite use as fill material, visit Manage asbestos waste.
Manage soil containing asbestos only
Soil containing asbestos only is reportable priority waste. It must go to a place authorised to receive it.
Soil containing asbestos only can be:
- contained on site
- sent to a landfill authorised to receive soil with asbestos.
Contain soil containing asbestos only
Retaining contaminated soil on site is only lawful where the retention minimises risks of harm to human health and the environment so far as reasonably practicable.
An L02 – Contaminated sites (onsite soil retention) licence is required for the onsite retention of contaminated soil (other than fill material) in a structure designed to contain at least 1000 m3 of the soil and to prevent further contamination.
We may issue a site management order on the land title for ongoing management.
Transport soil containing asbestos only
Soil containing asbestos only is:
- reportable priority waste (transactions) – this means any time the soil changes hands, you must track it in Waste Tracker
- reportable priority waste (transport) – this means you must transport the waste in a registered vehicle.
Fill material
Fill material is waste soil with extremely low levels of contamination. It’s considered safe to use without containment. For example, you can use it to level land or fill pits.
Fill material is industrial waste but not priority waste or reportable priority waste.
When waste soil is fill material
You may need to sample and analyse waste soil to determine if it’s fill material. Refer to Soil sampling for waste soils to take representative soil samples.
Fill material has contaminant concentrations below levels in Table 3 of the Waste disposal categories – characteristics and thresholds.
You must test for all contaminants you know and reasonably expect to be in the soil. You might need to test for contaminants not listed in Table 3. If you find other contaminants in the soil, it may not be fill material.
Manage fill material
You must send fill material to a place authorised to receive it. You may be able to reuse fill material under the fill material waste determination. Learn more about determinations.
You cannot use a declaration of use (DoU) to apply fill material to land. A DoU can only be used for waste soil if it's for immediate use for resource recovery and the soil is not being applied to land.
You can contain fill material on site without a permission. You can contain it off site under either:
- an A13b – Waste and resource recovery (medium) permit
- an A13c – Waste and resource recovery (small) registration
- a relevant determination.
Transport fill material
You do not need a permission to transport fill material. You also do not need to track it.
You must meet the general environmental duty when transporting fill material.
Waste acid sulfate soil
Acid sulfate soil is naturally occurring soil, sediments or rocks containing metal sulfides. The most common metal sulfides are pyrite and iron monosulfides.
Acid sulfate soil without exposure to oxygen is potential acid sulfate soil.
After exposure to oxygen and water, potential acid sulfate soil becomes actual acid sulfate soil. It can generate sulfuric acid and cause acidification of soil, sediment, rock, surface water and groundwater.
The general environmental duty applies to managing, disposing and transporting waste acid sulfate soil (WASS).
For information about identifying, classifying and managing acid sulfate soil, refer to Acid sulfate soil and rock.
Classify waste acid sulfate soil
Potential and actual acid sulfate soil are classified as WASS when they do not contain:
- contaminant concentrations exceeding the upper limits for fill material in Table 3 of Waste disposal categories – characteristics and thresholds
- asbestos.
If soil has contaminant concentrations exceeding the upper limits for fill material or contains asbestos, it's not classified as WASS. You must classify it as Category A, B, or C waste, Category D soil, or soil containing asbestos only.
Manage waste acid sulfate soil
WASS (waste code N123) is priority waste. The industrial waste duties and priority waste duties apply.
How you manage WASS depends on the nature and location of the soil. The hierarchy for managing WASS is:
- avoid disturbance
- minimise disturbance
- prevent oxidation
- treat to reduce or neutralise acidity
- reuse or dispose off site.
This means you should try to avoid disturbing the soil before treating it or taking it off site.
Where possible, you should treat and dispose of WASS on site instead of taking it off site.
Manage waste acid sulfate soil on site
When you manage WASS on site, you must meet the general environmental duty. Find current best practice methods:
- national guidance – see Acid sulfate soils on the Water Quality Australia website
- Victorian guidance – see Coastal acid sulfate soils on the Agriculture Victoria website.
Dispose of waste acid sulfate soil off site
When disposing of WASS off site, you must send it to a place authorised to receive it.
- If you're sending it for treatment or amelioration for reuse or offsite disposal, the receiving site must have a L08 – Receiving waste acid sulfate soil for treatment registration.
- if it’s going to landfill, including for amelioration, you must send it to a landfill authorised to receive WASS.
- If you're strategically reburying it, the receiving site must have an A18 – Discharge or deposit waste to an aquifer permit.
Treating means reducing or neutralising the acid in the soil.
Transport waste acid sulfate soil
WASS is not reportable priority waste. You do not need to track the waste or have a permission to transport it.
Manage PFAS-contaminated waste soil
Visit Manage PFAS-contaminated materials and waste to learn how to store, transport, treat and dispose of PFAS-contaminated waste soil.
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