VENM vs ENM: What Is the Difference?
Virgin Excavated Natural Material (VENM) and Excavated Natural Material (ENM) are two different NSW material classification pathways that can apply to excavated natural soil and rock.
They are often discussed together because both relate to naturally occurring excavated material, but they are not interchangeable.
The key difference is that VENM is a statutory material definition under the Protection of the Environment Operations Act 1997, while ENM is a resource recovery pathway operating under the Excavated Natural Material Order and Exemption.
A material that cannot be classified as VENM may potentially qualify as ENM, but that does not happen automatically. ENM has its own material, sampling, chemical and documentation requirements that must be satisfied before it can be supplied for lawful land application under the resource recovery framework.
What Is VENM?
VENM stands for Virgin Excavated Natural Material.
Under NSW waste legislation, VENM includes natural material such as clay, gravel, sand, soil or rock fines excavated 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.
For a VENM classification to be supported, the source site and material therefore need to be assessed to establish that the requirements of the definition are met.
This may involve:
review of historical and current land use;
consideration of surrounding potentially contaminating activities;
inspection of the source area;
assessment of fill or waste;
consideration of acid sulfate soils;
consideration of naturally occurring asbestos; and
laboratory analysis where required.
The NSW EPA states that chemical testing is not mandatory for every VENM assessment, although testing may be required where sufficient certainty cannot otherwise be established.
What Is ENM?
ENM stands for Excavated Natural Material.
Under the current Excavated Natural Material Order 2014, ENM means 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.
The Order specifically excludes material located within a hotspot, processed material, asbestos-containing material, Acid Sulfate Soils, Potential Acid Sulfate Soils and sulfidic ores. EPA NSW
ENM is therefore not simply another name for clean excavated soil.
It is a regulated resource recovery material that must satisfy the requirements of the Excavated Natural Material Order and Exemption before it can be supplied and applied to land under that framework.
VENM and ENM Are Not the Same Classification
The simplest way to understand the difference is:
VENM
VENM must satisfy the statutory definition of Virgin Excavated Natural Material.
The emphasis is on the origin and condition of the material, including whether it comes from land affected by relevant contaminating activities and whether it contains waste or sulfidic material.
ENM
ENM applies to certain excavated natural rock and soil that does not meet the VENM definition, but satisfies the requirements of the ENM resource recovery framework.
The material must meet prescribed sampling, chemical and other material requirements before it can be supplied under the Order. EPA NSW
This distinction is important because a VENM assessment and an ENM assessment are not the same process.
If Soil Is Not VENM, Is It Automatically ENM?
No.
This is one of the most important distinctions between VENM and ENM.
If excavated soil cannot be classified as VENM, the next question is whether it meets the definition and requirements of ENM.
For example, material may fail the VENM definition because sufficient certainty cannot be established regarding historical land use.
That material may potentially be assessed under the ENM Order, but only if it satisfies the Order's requirements.
Conversely, material containing asbestos, Acid Sulfate Soils, Potential Acid Sulfate Soils, sulfidic ores or material from a defined hotspot would not qualify as ENM under the current Order.
Other material may instead require:
broader waste classification;
disposal to an appropriately authorised facility;
assessment under another resource recovery order or exemption; or
further investigation before a management pathway can be determined.
Does VENM Require Soil Testing?
Not always.
The NSW EPA states that chemical testing is not mandatory for VENM where there is sufficient certainty that all aspects of the VENM definition are satisfied.
However, testing may be required where there is uncertainty about:
historical contamination;
manufactured chemicals;
process residues;
acid sulfate soils;
naturally occurring asbestos; or
other factors relevant to the definition.
This is why VENM soil classification should not be reduced to a fixed laboratory suite.
The assessment should respond to the history and characteristics of the source site.
Does ENM Require Soil Testing?
Yes, where material is being supplied under the Excavated Natural Material Order 2014, the generator must comply with the sampling and testing requirements of the Order.
The Order requires a written sampling plan and specifies sampling requirements for both stockpiled and in-situ ENM material.
For example, stockpiled material must be characterised according to the quantity of material, while in-situ material is subject to systematic sampling requirements based on the area being assessed.
The Order also establishes chemical and other material criteria that must be satisfied before material is supplied.
This is a major practical difference between VENM soil and ENM soil.
What Is the ENM Order?
The Excavated Natural Material Order 2014, often referred to as the ENM Order, establishes the requirements that suppliers must meet when providing excavated natural material for application to land under the associated resource recovery exemption.
The Order applies to supply of ENM for use as engineering fill or in earthworks.
It includes requirements relating to:
the definition of ENM;
sampling plans;
stockpile sampling;
in-situ sampling;
depth sampling;
acid sulfate soil assessment where relevant;
chemical concentrations;
foreign material;
documentation;
notification; and
record keeping.
The current EPA resource recovery register continues to list the Excavated Natural Material Order and Exemption 2014 as current instruments.
What Is the ENM Exemption?
The Excavated Natural Material Exemption 2014 applies to the consumer receiving ENM for land application, subject to the conditions of the exemption.
It allows compliant ENM to be applied to land as engineering fill or used in earthworks under the conditions of the resource recovery framework. EPA NSW
The Order and Exemption work together:
the Order places requirements on the generator or supplier; and
the Exemption applies to the consumer and land application.
This is why ENM should not simply be treated as a general description for natural excavation spoil.
VENM Certificate vs ENM Documentation
A VENM certificate may be used to record the basis on which material has been assessed as VENM.
The NSW EPA states that a VENM certificate is not mandatory, but may be completed by the generator or a consultant acting on their behalf to provide confidence that the VENM requirements have been considered.
ENM has different documentation requirements.
Under the ENM Order, the generator must provide the receiver with a written statement of compliance confirming that the requirements of the Order have been met, along with access to the relevant Order and Exemption.
The generator must also maintain required records, including sampling information, material quantities and details of recipients. EPA NSW
So a VENM certificate and ENM compliance documentation are not the same thing.
What About Acid Sulfate Soils?
Acid sulfate soil conditions are important to both pathways.
VENM cannot contain sulfidic ores or soils. The EPA also provides specific guidance regarding reduced inorganic sulfur when determining whether material meets the VENM definition.
The ENM Order also excludes Acid Sulfate Soils, Potential Acid Sulfate Soils and sulfidic ores from the ENM definition.
Where acid sulfate soil risk is relevant, appropriate assessment should therefore occur before assuming that either classification pathway applies.
What About Asbestos?
VENM cannot contain other waste, including asbestos contamination.
The EPA also states that material should not be classified as VENM where naturally occurring asbestos risk mapping indicates a probability of occurrence unless appropriate sampling and testing demonstrate that asbestos is not present.
The ENM Order expressly excludes material containing asbestos.
Where asbestos is known or suspected, it should therefore be investigated before the material is classified or transported.
Which Is Better: VENM or ENM?
The classification should not be selected according to which pathway is commercially preferable.
The correct pathway depends on the material.
If the excavated natural material meets the VENM definition, it may be classified as VENM.
If it does not meet the VENM definition but satisfies the requirements of the ENM Order, it may potentially be supplied as ENM under the resource recovery framework.
If neither pathway applies, another soil waste classification or management route may be required.
The objective is to establish the classification that is technically and legally appropriate for the material rather than trying to fit the soil into a preferred outcome.
When Should VENM and ENM Assessment Be Completed?
Ideally, the assessment should be undertaken before large-scale excavation, stockpiling or off-site transport begins.
Typical projects include:
bulk excavation;
subdivision works;
residential construction;
basements and swimming pools;
service trenches;
roadworks;
civil infrastructure;
commercial development;
hospital redevelopment; and
major earthworks.
Early assessment allows the project team to understand whether the soil is likely to be managed as VENM, ENM or under another waste classification pathway before significant material volumes are generated.
What Happens if the Material Is Already Stockpiled?
Both VENM and ENM can still require assessment after excavation, but stockpiling can complicate material characterisation where different soil horizons, source areas or material types have been mixed.
For ENM specifically, the Order contains prescribed stockpile sampling requirements and requires representative sampling across the material.
Where possible, classification should therefore be considered before excavation so that different material types can be managed separately.
Frequently Asked Questions (FAQ):
Q: What is the difference between VENM and ENM?
VENM is Virgin Excavated Natural Material that meets the statutory definition under NSW waste legislation. ENM is certain excavated natural rock and soil that does not meet the VENM definition but satisfies the requirements of the Excavated Natural Material Order and Exemption.
Q: Can soil that fails VENM be classified as ENM?
Potentially, but not automatically. The material must meet the ENM definition and all applicable sampling, chemical, material and documentation requirements.
Q: Does VENM require laboratory testing?
Not always. Chemical testing is not mandatory where sufficient certainty exists that the VENM definition is satisfied, although testing may be required where there is uncertainty. EPA NSW
Q: Does ENM require laboratory testing?
The ENM Order contains prescribed sampling and testing requirements for material supplied under the Order. EPA NSW
Q: Can ENM contain asbestos?
No. Material containing asbestos is excluded from the ENM definition under the current Order. EPA NSW
Q: Can acid sulfate soil be VENM or ENM?
Material containing sulfidic ores or soils cannot satisfy the VENM definition, and the ENM Order excludes Acid Sulfate Soils, Potential Acid Sulfate Soils and sulfidic ores. EPA NSW
Q: Do I need a VENM certificate?
A VENM certificate is not mandatory, but it can be used to document the basis for the classification and provide confidence to contractors and receiving sites. EPA NSW
Q: Is there an ENM certificate?
The ENM Order requires the generator to provide a written statement of compliance confirming that the requirements of the Order have been met. EPA NSW
VENM and ENM Assessment in NSW
Confluence Environmental provides VENM and ENM assessment, VENM soil classification, ENM soil classification and waste classification services across NSW for development, civil, infrastructure and earthworks projects.
Our assessments consider the source site, material characteristics, excavation extent, potential contamination history and applicable NSW waste and resource recovery requirements to determine the appropriate management pathway.
Where material meets the VENM definition, we can prepare a Virgin Excavated Natural Material report and supporting VENM documentation.
Where VENM cannot be supported, we can assess whether the material may be suitable for management under the ENM Order or whether another waste classification pathway is required.