Duties apply to all types of waste, including waste soil. You must classify waste soil to meet these duties.
Waste soil and the law
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 it.
The duties that may apply to waste soil classified as industrial waste are:
- duties of persons depositing industrial waste
- duties of persons receiving industrial waste
- duty of persons involved in transporting industrial waste
- duty to investigate alternatives to waste disposal.
If waste soil is classified as priority waste or reportable priority waste, these duties may apply:
- duties of persons managing priority waste
- duty of persons transporting reportable priority waste
- duty to notify of transaction in reportable priority waste
The general environmental duty applies to any person engaging in an activity that may create a risk of harm to human health and the environment from pollution or waste. This includes activities relevant to waste soil.
All waste soil must be deposited, transported to and received at a place lawfully authorised to receive industrial waste waste (lawful place).
Waste Tracker must be used when transporting contaminated soil.
There are penalties for not meeting these duties. Learn more about your waste obligations and duties.
Classifying waste soil
Waste soil must be classified to meet your duties.
You may need to sample waste soil to classify and categorise it correctly.
If waste soil is classified as priority waste and is consigned for disposal, you must classify the soil as a category of priority waste. You must do this before relinquishing management or control for purposes of transport.
If the priority waste soil is source onsite from contaminated land, you must classify the soil as soon as practicable after sourcing the soil.
Classifying the waste tells you:
- which landfill can lawfully receive the waste soil
- the waste levy to pay
- whether you require a permission.
If the waste soil is reportable priority waste, then the reportable priority waste duties also apply.
Learn more about classifying and managing waste soil.
Permission for activities related to waste soil
For some activities related to managing waste soil, you must get a permission. Our permissions focus on activities that may have a significant impact on human health and the environment. They have conditions that must be followed.
Activities related to waste soil that need a permission include:
- A01 – Reportable priority waste management
- A05a – Landfills (excluding municipal landfills servicing less than 5,000 people)
- A05b – Municipal landfills servicing less than 5,000 people
- A17 – Containment of Category D waste soil
- L02 – Contaminated sites (onsite soil retention)
- L08 – Receiving waste acid sulfate soil for treatment
- L09 – Disposing of tunnel boring machine spoil.
Our role in waste soil
We regulate the management of waste soil. This includes:
- management
- transport
- receipt
- storage
- disposal
- re-use.
Impact of waste soil on your health
Waste soil may contain contaminants – including heavy metals, asbestos and industrial chemicals.
If waste soil is not properly managed, it may expose people and the environment to contaminants. This exposure can result in potential risk of harm.
Learn about reducing your exposure to contaminated soil.
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