The Protection of the Environment Operations Act 1997 (POEO Act) defines virgin excavated natural material (such as clay, gravel, sand, soil or rock fines) as natural material that:

Has been excavated or quarried from areas that are not contaminated with manufactured chemicals or process residues, as a result of industrial, commercial, mining or agricultural activities, and

Does not contain any sulfidic ores or soils or any other waste.

Excavated material that has been stored or processed in any way cannot be classified as VENM.

According to the Excavated Natural Material Order (2014) ENM is defined as:

naturally occurring rock and soil (including but not limited to materials such as sandstone, shale, clay and soil) that has:

> been excavated from the ground, and

contains at least 98% (by weight) natural material, and

does not meet the definition of Virgin Excavated Natural Material in the Act.

ENM does not include material that has been processed or contains asbestos, acid sulfate soils, potential acid sulfate soils or sulfidic ores.

ENM is classified as General Solid Waste (non-putrescible) and can be beneficially re-used off-site as engineering fill or for use in earthworks, subject to certain conditions and testing requirements. See the Transport NSW ENM factsheet or NSW ENMO (2014) Order for more information

The NSW EPA Waste Classification Guidelines 2014 are a step-by-step process for classifying waste into one of six waste classes based on the level of risk they pose to the environment and human health. The waste classes are:

Special waste: a class of waste that has unique regulatory requirements. The potential environmental impacts of special waste need to be managed to minimise the risk of harm to the environment and human health (e.g. asbestos, clinical waste, and waste tyres)

Liquid waste: any waste that: has an angle of repose of less than 5 degrees above horizontal; becomes free-flowing at or below 60 degrees Celsius or when it is transported; is generally not capable of being picked up by a spade or shovel.

Hazardous waste: a solid or liquid waste that has certain hazardous characteristics and poses a potential risk to human health or the environment. Examples of hazardous waste include lead-acid batteries, contaminated soil, and solvent-based paint.

Restricted solid waste: a solid waste that poses a threat to human health or the environment and requires special handling, management or disposal. Examples of restricted solid waste include fly ash, grease trap waste, and biosolids.

General solid waste (putrescible): a solid waste that contains organic material that is likely to decompose, rot or putrefy. Examples of general solid waste (putrescible) include food waste, animal waste, and green waste.

General solid waste (non-putrescible): a solid waste that does not contain any organic material that is likely to decompose, rot or putrefy. Examples of general solid waste (non-putrescible) include glass, plastic, rubber, metal, and paper.

EE can help establish if the soil is classified as special waste or general solid waste

You can find more information about soil classification at on the NSW EPA website on the Waste classification page