Resource Recovery Orders & Exemptions

Clear, compliant resource recovery solutions to help you reuse excavated material and reduce environmental impact.

What Are Resource Recovery Orders and Exemptions?

In NSW, waste can only be reused legally if it meets the conditions of:

  • A Resource Recovery Order (RRO) – issued to the generator of the material

  • A Resource Recovery Exemption (RRE) – issued to the receiver or user of the material

These conditions may relate to:

  • Material quality and contaminant thresholds

  • Sampling, testing, and reporting

  • Permitted reuse locations or purposes

  • Record keeping and notification requirements

The RRO/RRE system is administered by the NSW Environment Protection Authority (EPA) under the Protection of the Environment Operations Act 1997 (POEO Act).

Why It Matters

Using or supplying material without an applicable order or exemption may be considered illegal waste disposal — exposing you to:

  • EPA investigations or fines

  • Project delays or stop-work notices

  • Costly remediation or reclassification

  • Reputational risk for non-compliance

We help you understand the rules — and apply them effectively to your site.

Our RRO/RRE Consulting Services

We support the lawful reuse of excavated material, fill, or industrial by-products by offering:

RRO/RRE Compliance Advice

  • Determine whether a standard order/exemption applies (e.g. ENM, VENM, mulch, reclaimed asphalt)

  • Identify when a specific (project-based) RRO/RRE is needed

  • Advise on reuse feasibility, permitted uses, and approval pathways

Sampling & Waste Classification

  • Soil and material sampling by qualified environmental consultants

  • Laboratory analysis for heavy metals, PAHs, asbestos, PFAS, nutrients, and more

  • Classification under the Waste Classification Guidelines (NSW EPA)

  • Assessment against contaminant thresholds in existing RROs

Application Support & Documentation

  • Preparation of applications for specific RROs/RREs where required

  • Compilation of supporting documents (e.g. source material info, test results, quality assurance plans)

  • Liaison with the NSW EPA to guide assessment and approval

  • Ongoing compliance advice and reporting

Material Types We Work With

  • Excavated soil and fill

  • Reclaimed asphalt pavement (RAP)

  • Mulch, compost, or organic material

  • Building rubble or crushed concrete

  • Industrial by-products (ash, slags, sands)

Who We Help

We assist:

  • Civil and infrastructure contractors

  • Developers and project managers

  • Excavation and remediation firms

  • Quarries and material reuse facilities

  • Waste transporters and recyclers

  • Councils and public asset managers

Why Choose Confluence Environmental?

  • Up-to-date knowledge of NSW EPA requirements

  • Expertise in waste classification and material reuse

  • Tailored support for ENM, VENM, and custom orders

  • Practical guidance to minimise risk and cost

  • Trusted by contractors, developers, and councils across NSW

We don’t just tick boxes — we enable smarter, safer, and more sustainable reuse.

Where We Work

We provide RRO/RRE support across:

  • Sydney & Greater Sydney

  • Central Coast

  • Newcastle & Lake Macquarie

  • Hunter Valley

  • Illawarra and Regional NSW

Need expert advice?

Need help applying for a Resource Recovery Order or confirming reuse compliance? We offer fast, fixed-fee support for projects big and small.

Call 0493 042 642 or drop us an enquiry below to request a quote or consultation.

A stockpile of processed aggregate sourced from the Central Coast NSW, a common material subject to resource recovery orders and exemptions which Confluence Environmental is highly experienced

Frequently Asked Questions (FAQ) – Resource Recovery Orders & Exemptions

Q: What is a Resource Recovery Order (RRO) and Exemption (RRE)?

In NSW, a Resource Recovery Order (RRO) is issued to the generator of a waste material, and a Resource Recovery Exemption (RRE) is issued to the recipient or user. Together, they allow certain waste materials to be legally reused — provided they meet specific quality, use, and reporting conditions set by the NSW EPA.

Q: Do I always need an RRO/RRE to reuse material?

Yes — if you are reusing waste material, you must either:

  • Comply with a standard (general) RRO/RRE, such as for ENM, VENM, mulch, reclaimed asphalt, or compost

  • Apply for a specific RRO/RRE if your material or use case isn’t covered by an existing exemption

Reusing waste without an applicable order/exemption may be considered unlawful disposal under the Protection of the Environment Operations Act 1997 (POEO Act).

Q: What materials can be reused under standard RROs and RREs?

Common materials with existing general RRO/RREs include:

  • Excavated Natural Material (ENM)

  • Virgin Excavated Natural Material (VENM)

  • Reclaimed asphalt pavement (RAP)

  • Mulch, compost, and biosolids

  • Crushed concrete or brick for road base

Each comes with strict conditions for testing, contaminants, use, and location.

Q: What’s the difference between ENM, VENM, and RRO/RRE?

  • VENM is virgin natural soil or rock that meets the NSW VENM definition — no testing or RRO/RRE is required.

  • ENM is excavated natural soil that requires testing and must comply with the EPA’s ENM RRO/RRE.

  • Other materials (e.g. reclaimed fill, blended soils, industrial by-products) may require a specific RRO/RRE application.

Q: How do I know if I need a specific RRO/RRE?

You’ll likely need a specific RRO/RRE if:

  • Your material doesn’t meet ENM or VENM criteria

  • Your intended reuse is not allowed under general exemptions

  • You’re proposing a unique or site-specific reuse

  • The material contains blended, processed, or marginally contaminated waste

We can assess your project and advise on the most efficient, compliant path forward.

Q: What’s involved in applying for a specific Resource Recovery Order?

A typical application includes:

  • Site and material details

  • Sampling and laboratory test results

  • Contaminant analysis against EPA guidelines

  • Proposed reuse locations and controls

  • A material management or quality assurance plan

We prepare and submit all supporting documents and liaise directly with the NSW EPA on your behalf.

Q: What happens if I reuse soil or fill without an RRO or exemption?

Reusing waste without a valid order/exemption may be classed as illegal waste disposal, resulting in:

  • EPA enforcement action or fines

  • Stop-work notices or development delays

  • Additional costs for rehandling, disposal, or remediation

  • Environmental or reputational risks

We help you avoid this by confirming reuse pathways before excavation or transport begins.