The Hidden Risks of Reusing Fill: What Developers Must Check First
Why Fill Reuse Can Backfire Without Proper Testing and Documentation
Reusing fill on development and infrastructure sites can offer major cost savings — but it’s not without risk. While importing or redistributing fill is common practice across NSW, developers often underestimate the environmental, legal, and financial consequences of doing so without proper assessment.
At Confluence Environmental, we regularly help clients manage contaminated fill, avoid rework, and ensure compliance with NSW EPA guidelines. Here’s what you need to know before you reuse fill on your project.
Why Fill Reuse Seems Like a Good Idea
Reusing existing soil or importing fill from another site can reduce:
Excavation and tipping costs
Truck movements and environmental footprint
Delays in sourcing clean material
It also supports circular economy principles by keeping materials on site or within the project portfolio. However, if the material contains asbestos, heavy metals, hydrocarbons, or foreign debris, reuse can quickly turn into a costly mistake — even if it looks clean to the eye.
The Regulatory Framework in NSW
In NSW, all fill must comply with the Protection of the Environment Operations Act 1997 (POEO Act) and relevant EPA guidelines, including:
Waste Classification Guidelines (2014)
Resource Recovery Orders and Exemptions
Contaminated Land Planning Guidelines
Asbestos in Soil Management Guidance
Fill that doesn’t meet the requirements for VENM (Virgin Excavated Natural Material) or ENM (Excavated Natural Material) is considered waste and must be managed accordingly.
If you reuse contaminated or undocumented fill:
You may be in breach of the POEO Act
Your DA approval or Construction Certificate may be delayed or revoked
Council may issue clean-up notices or require remediation
Common Risks When Reusing Fill
1. Contamination from Previous Use
Even if the fill appears natural, it may contain:
Fragments of asbestos-containing material (ACM)
Lead-based paint chips
Demolition rubble, ash, or plastics
Residual hydrocarbons or pesticide residues
These may not be visible — and once spread, they can contaminate the wider site, requiring removal and validation.
2. Unapproved Importation
Imported fill must either:
Be classified as VENM or ENM, and
Be accompanied by documentation showing source, volume, testing results, and compliance
If you can’t prove the source and quality of imported fill, the entire volume may be treated as waste — even if contamination isn't confirmed.
3. Misuse of Stockpiled Soil On-Site
Material stockpiled for reuse must be:
Tested before reapplication (especially if disturbed)
Managed separately if different types of fill are involved
Clearly documented in remediation plans and validation reports
Without this, you may accidentally reuse unsuitable material in landscaped areas, under slabs, or near sensitive uses.
What Developers Should Always Check First
Before reusing or accepting fill:
Review the site history and any known contamination risks
Have a consultant prepare a Sampling and Analysis Plan (SAP)
Conduct appropriate soil sampling and laboratory testing
Obtain a written classification report that can be submitted to Council or EPA if needed
If fill is imported, make sure it’s covered by a valid Resource Recovery Order and Exemption, and that the supplier provides written records.
What Happens If It’s Not Compliant?
Reusing contaminated or unclassified fill can result in:
Removal of material at your cost
Soil validation across the impacted area
Delays to construction timelines
Legal exposure under environmental law
We’ve seen projects where entire slabs had to be removed and soil excavated because contaminated fill was unknowingly used under foundations or in landscape zones.
How Confluence Environmental Can Help
We assist developers, civil contractors, and planners across NSW with:
Site history reviews and risk screening
Soil sampling and fill classification
VENM and ENM assessments
Waste classification and documentation
Remediation planning and validation reporting
Our goal is to give you clear, defensible advice that keeps your project compliant and on track — without overcomplicating the process.
Unsure if your fill is safe to reuse?
Contact Confluence Environmental for practical advice, fast sampling, and clear reporting — before small risks become big problems.
Call 0493 042 642 or Request a Quote