VENM Classification: What Is Virgin Excavated Natural Material?

Virgin Excavated Natural Material (VENM) is a specific classification used in NSW for naturally occurring material such as soil, clay, gravel, sand and rock that meets the definition established under the Protection of the Environment Operations Act 1997.

VENM commonly becomes relevant during excavation for development, civil works, infrastructure, trenching, swimming pools and bulk earthworks where natural material is proposed to be moved, reused or transported off site.

However, material does not qualify as VENM simply because it looks like clean natural soil.

The source of the material, historical and current land use, surrounding contamination sources, presence of waste, acid sulfate soils and other relevant conditions need to be considered before a VENM classification can be supported.

Where sufficient certainty cannot be established from the available information, soil sampling and laboratory analysis may also be required.

What Is VENM?

The NSW EPA describes Virgin Excavated Natural Material as natural material such as clay, gravel, sand, soil or rock fines that has been excavated or quarried from areas that have not been contaminated with manufactured chemicals or process residues as a result of industrial, commercial, mining or agricultural activities.

The material must also not contain:

• sulfidic ores or soils; or

• any other waste.

All parts of the statutory definition must be satisfied for excavated material to be classified as VENM.

This means that a pile of apparently natural VENM soil cannot be classified from visual appearance alone where the source site or surrounding environment creates a credible contamination concern.

What Types of Material Can Be VENM?

Material potentially capable of meeting the VENM definition includes naturally occurring:

• soil;

• clay;

• sand;

• gravel;

• rock;

• rock fines; and

• similar natural geological material.

The important consideration is not simply the type of material.

The material also needs to have been sourced from an area that satisfies the contamination requirements and must not contain other waste or sulfidic material.

For example, natural clay excavated beneath a residential property may potentially satisfy the VENM definition, while visually similar clay excavated from beneath a former industrial process area may require considerably more assessment before a VENM determination can be made.

How Is VENM Classification Determined?

A VENM assessment should consider both the characteristics of the material and the environmental history of the source site.

The NSW EPA specifically requires consideration of past and present activities at the source site and surrounding land that could have resulted in contamination. This can include off-site sources such as contaminated groundwater migration or deposition from surrounding industrial activities.

Depending on the site, a VENM assessment may involve:

• review of historical and current land use;

• review of previous environmental or geotechnical reports;

• consideration of surrounding land uses;

• assessment of potential contamination sources;

• inspection of the source area;

• inspection of the excavated material;

• consideration of imported fill or other waste;

• assessment of acid sulfate soil potential;

• consideration of naturally occurring asbestos; and

• targeted soil sampling and laboratory analysis where required.

The level of investigation should reflect the uncertainty associated with the particular source site.

Does VENM Require Soil Testing?

Not always.

Chemical testing is not mandatory simply because material is proposed to be classified as VENM.

The NSW EPA states that classification requires sufficient certainty that all elements of the VENM definition are satisfied. Where this can be established from the site history, environmental setting and characteristics of the material, laboratory testing may not be necessary.

However, VENM soil testing may be required where there is uncertainty regarding potential contamination.

This may arise where:

• previous potentially contaminating activities occurred at the property;

• the site history is incomplete;

• industrial or commercial activities occurred nearby;

• the ground has been previously disturbed;

• imported fill may be present;

• contamination has previously been identified;

• acid sulfate soils may occur;

• naturally occurring asbestos may occur; or

• the characteristics of the material are inconsistent or uncertain.

Where sampling is undertaken, the analytical program should be developed from the contamination risks associated with the site rather than applying the same laboratory suite to every VENM assessment.

Potential analyses may include metals, hydrocarbons, PAHs, pesticides, asbestos, acid sulfate soil parameters or other site-specific contaminants.

Can Acid Sulfate Soil Be VENM?

VENM cannot contain sulfidic ores or soils.

The EPA advises that where applicable Acid Sulfate Soil Risk Mapping indicates a probability of acid sulfate soils or potential acid sulfate soils, the material should not be classified as VENM unless appropriate chemical assessment has been undertaken. Material containing detectable reduced inorganic sulfur above the laboratory reporting limit does not satisfy the VENM definition.

This makes acid sulfate soil conditions an important consideration for VENM assessments in many coastal and low-lying areas of NSW.

What About Naturally Occurring Asbestos?

Naturally occurring asbestos can also prevent material from being classified as VENM.

The NSW EPA recommends reviewing relevant naturally occurring asbestos mapping where applicable. If mapping indicates a probability of naturally occurring asbestos soils, sampling and laboratory testing may be required to demonstrate that asbestos is not present before the material can be classified as VENM.

This is distinct from asbestos contamination arising from demolition material, fibre-cement fragments or other anthropogenic waste, which would also prevent the material from satisfying the VENM definition.

What Is a VENM Certificate?

A VENM certificate records the basis on which excavated material has been assessed as meeting the statutory definition of Virgin Excavated Natural Material.

The NSW EPA provides a VENM certificate that may be completed by the waste generator or by a consultant acting on the generator's behalf.

Importantly, the certificate itself is not legally mandatory. Its purpose is to provide greater confidence to waste generators, contractors and receiving sites that the relevant requirements have been considered before the material is classified as VENM.

A consultant-prepared VENM report or Virgin Excavated Natural Material report may also document:

• the source site;

• excavation area and depth;

• material description;

• site history;

• potential contamination sources;

• inspection findings;

• sampling and analytical results where applicable; and

• the technical basis for the VENM determination.

Receiving sites, contractors or project specifications may request this documentation before accepting material.

Is VENM a Waste?

This is an area where the terminology is often oversimplified.

VENM is not universally outside the waste framework.

The NSW EPA states that where VENM is a waste, it is pre-classified as general solid waste (non-putrescible).

Whether excavated material is waste depends on the circumstances in which it is generated, transported and managed.

This is why saying that VENM can simply be transported or reused anywhere because it is “not waste” is incorrect.

Projects still need to consider the lawful destination of the material, applicable planning approvals, transport requirements and any acceptance requirements imposed by the receiving site.

Why Does Correct VENM Classification Matter?

Incorrectly classifying excavated soil as VENM can expose the waste generator, contractor and receiving site to significant project and regulatory risk.

The EPA specifically notes that providing false or misleading information about the type, classification, characteristics, composition or quantity of waste is an offence under the POEO Act and significant penalties can apply.

Correct classification helps reduce the risk of:

• rejected loads;

• inappropriate material reuse;

• unexpected disposal costs;

• project delays;

• regulatory investigation;

• contamination of receiving land; and

• additional remediation or material-management requirements.

For larger earthworks projects, establishing the appropriate classification before bulk excavation begins can also prevent large stockpiles being generated before the material-management pathway has been resolved.

What Happens if Soil Does Not Qualify as VENM?

Material that does not satisfy the VENM definition is not necessarily unsuitable for reuse.

Depending on the material and proposed use, another pathway may be available.

One common alternative is Excavated Natural Material (ENM) under the NSW resource recovery framework.

The current Excavated Natural Material Order defines ENM as naturally occurring rock and soil that has been excavated from the ground, contains at least 98% natural material by weight and does not meet the definition of VENM, subject to the other requirements of the Order.

Other material may require a broader soil waste classification under the NSW Waste Classification Guidelines or another appropriate resource recovery pathway.

The assessment pathway may therefore look like:

VENM assessment → ENM assessment or waste classification where VENM cannot be supported

VENM vs ENM: What Is the Difference?

VENM and ENM are related but different classifications.

VENM is defined under the POEO Act and must satisfy the specific requirements relating to contamination, sulfidic material and other waste.

ENM operates under the Excavated Natural Material Order and Exemption and applies to certain naturally occurring rock and soil that does not meet the VENM definition but satisfies the requirements of the resource recovery framework.

This distinction is important because the assessment, sampling, documentation and lawful reuse requirements are different.

Material should therefore not simply be described as “VENM/ENM” without determining which classification pathway actually applies.

When Should a VENM Assessment Be Completed?

Ideally, assessment should occur before bulk excavation and off-site transport begins.

Common projects where VENM assessment may be required include:

• residential excavation;

• swimming pools;

• home extensions;

• subdivision earthworks;

• basements;

• service trenches;

• road and infrastructure works;

• commercial development;

• hospital and institutional redevelopment;

• bulk excavation; and

• civil earthworks.

Early assessment allows the project team to understand the likely material-management pathway before large volumes of excavated soil are stockpiled or scheduled for transport.

Frequently Asked Questions (FAQ):

Q: What does VENM stand for?
VENM stands for Virgin Excavated Natural Material. It is a statutory term used in NSW for certain natural excavated material that satisfies the definition under the POEO Act.

Q: Does VENM need laboratory testing?
Not always. The NSW EPA states that chemical testing is not mandatory, although testing may be required where sufficient certainty cannot otherwise be established that the material satisfies the VENM definition.

Q: Do I need a VENM certificate?
A VENM certificate is not legally mandatory, but it may be used to document the classification and provide confidence to generators, contractors and receiving sites. EPA NSW

Q: Can imported fill be VENM?
VENM is virgin excavated natural material. Material containing other waste, processed soil or anthropogenic material would not satisfy the VENM definition. The source and history of previously disturbed or filled material should therefore be carefully assessed.

Q: Can VENM contain asbestos?
No. Material containing asbestos would not satisfy the VENM definition. Naturally occurring asbestos also needs to be considered where relevant to the source area. EPA NSW

Q: Can acid sulfate soil be VENM?
Material containing sulfidic ores or soils does not satisfy the VENM definition. Appropriate acid sulfate soil assessment may therefore be required where there is a probability of sulfidic material being present.

Q: What happens if the soil is not VENM?
The material may be eligible for assessment as ENM or may require another waste classification or resource recovery pathway depending on its characteristics and proposed destination.

VENM Assessment and Classification in NSW

Confluence Environmental provides VENM assessment, VENM soil classification, VENM reports and supporting certificate documentation across NSW for residential, commercial, civil, infrastructure and development projects.

Our assessments consider the source site, material characteristics, potential contamination history and available environmental information to determine whether the excavated material can be supported as Virgin Excavated Natural Material.

Where the appropriate classification is uncertain, we can also assist with ENM assessment, soil waste classification and broader excavated material management.

Learn more about our Virgin Excavated Natural Material assessment and classification services or contact Confluence Environmental to request a proposal.