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Make sure your fill is legal

Under the Protection of the Environment Operations Act 1997, fill being removed to an unlicensed site (that is, not a legal waste facility) must be validated to make sure it is not harmful to either human health or the environment. Both the generator of the fill and the receiver need to be aware of this.

Material sold or given away as clean fill is sometimes contaminated with chemicals or waste, particularly asbestos and other building waste. The wrong material in the wrong place can damage the environment by polluting waterways and groundwater, destroying vegetation, contaminating land and causing erosion.

Waste generators

If you are the originator of the waste, you may be held responsible for where it ends up and have to pay clean-up costs. It’s your responsibility to make sure that your waste, including excavated material and demolition waste, is either going to a legal waste disposal or recycling facility or has been validated by a suitably qualified professional as VENM (virgin excavated natural material), clean fill or inert waste. Doing so avoids large fines.

Waste transporters

Most transport operators are serious about taking waste to legal waste facilities, but there are always a few that try to avoid disposal costs by illegally dumping on private property. Transporting fill to an unauthorized site is an offence even if you have the landowner’s permission. Ensure that the load you are carrying is going to a legal site or is validated as VENM, clean fill or inert waste, and avoid a hefty fine.

Landfill site owners

It’s ultimately your responsibility to make sure that whatever materials you use on your land is certified and validated as clean fill and will not harm either yourself or the environment.

Validation by laboratory testing can be a small cost when you consider that according to the NSW Department of Environment and Climate Change, illegal filling can lead to penalties of up to $1 million, in addition to the clean-up costs or the devaluation of the property.