Virgin Excavated Natural Material
What Is VENM and Why Does It Matter?
Virgin Excavated Natural Material (VENM) is defined under the Protection of the Environment Operations (POEO) Act 1997 as:
natural material (such as clay, gravel, sand, soil or rock fines):
(b) that does not contain any sulfidic ores or soils or any other waste
and includes excavated natural material that meets such criteria for virgin excavated natural material as may be approved for the time being pursuant to an EPA Gazettal notice.’
VENM is considered a valuable resource because it can be legally reused in various projects, such as land rehabilitation, filling, and landscaping, without being classified as waste.
Our Services – VENM Assessment & Certification
Site Assessment & Visual Inspection
We begin with a site visit to assess the source material, excavation context, and any signs of contamination or foreign matter. This includes a visual inspection of soil colour, texture, odours, inclusions, and surface condition alongside a desktop review of historical land use where necessary.
Sampling & Laboratory Analysis (if required)
In most cases, VENM does not require laboratory testing provided the material is clearly natural, homogeneous, and uncontaminated. However, if the site has a sensitive history, is near industrial activities, or has been previously disturbed, we may recommend limited sampling to confirm the material meets VENM criteria.
If lab testing is used, we assess for heavy metals, hydrocarbons, asbestos, and other potential indicators of contamination, using NATA-accredited laboratories and conservative thresholds.
VENM Certification Report
If the material qualifies, we issue a formal VENM Certification Statement, which includes:
A description of the source site and material type
Results of visual inspection and (if applicable) laboratory analysis
A professional declaration that the material meets the VENM definition under NSW law
Supporting documentation suitable for councils, contractors, or receiving sites
This certificate can be used to satisfy DA conditions, development approvals, or waste facility acceptance requirements.
Why Correct VENM Certification Is Important
Incorrectly classifying or transporting material as VENM when it doesn’t qualify can lead to:
Illegal dumping penalties under the POEO Act
Rejected loads at receiving sites or clean fill facilities
Regulatory action from councils or the EPA
Liability for environmental harm or remediation costs
We help you avoid these risks by delivering honest, compliant assessments not rubber-stamped reports.
Who We Support
We provide VENM services to:
Civil and infrastructure contractors exporting bulk soil
Builders and developers reusing fill between sites
Project managers and certifiers verifying site compliance
Quarries, councils, and clean fill receivers
Consultants and engineers preparing DA and EPA submissions
Whether you’re moving 500 m³ or 50,000 m³, we scale our support to your needs.
Why Choose Confluence Environmental?
Clear, practical advice from qualified environmental professionals
Fully aligned with the POEO Act, NSW Waste Classification Guidelines, and EPA expectations
Fast turnaround on inspections and certification
Trusted by contractors, councils, and waste operators across NSW
No guesswork just defensible, regulator-ready documentation
We specialise in making sure your material is classified correctly and your project stays on track.
Where We Work
We provide VENM certification and assessment services across:
Greater Sydney and Western Sydney
Central Coast
Newcastle, Lake Macquarie & the Hunter Valley
South Coast, Mid North Coast, and regional NSW
Ready to move your project forward with confidence?
At Confluence Environmental, we provide practical, science-led solutions across contaminated land, asbestos and hazardous materials, waste classification, acid sulfate soils, and occupational hygiene.
Complete the form below to request a tailored quote, book a consultation, or ask us a question about your project. We’ll respond within 24 hours with clear advice and next steps helping you stay compliant, reduce risk, and keep your development on track.
Frequently Asked Questions (FAQ) – Virgin Excavated Natural Material (VENM)
Q: What is Virgin Excavated Natural Material (VENM)?
VENM is naturally occurring soil, clay, gravel, sand, or rock that has been excavated from the ground and is free of contamination and man-made materials. It must not include any processed substances like concrete, bricks, timber, metal, or synthetic products. VENM is defined under the Protection of the Environment Operations Act 1997, and if it meets the criteria, it is not considered a waste under NSW law.
Q: What’s the difference between VENM and ENM?
VENM is defined by legislation (POEO Act) and does not require EPA approval to be reused or stockpiled. It must be natural, clean, and uncontaminated.
ENM (Excavated Natural Material) is a specific waste classification under an EPA Resource Recovery Exemption and Order. It has more detailed chemical thresholds and requires formal sampling and analysis. ENM is still considered waste, but may be reused if it complies with the exemption conditions.
We can help you determine whether your material meets VENM or ENM requirements.
Q: Do I need laboratory testing to confirm VENM?
In many cases, lab testing is not required for VENM especially if the material is clearly natural, consistent, and from a site with no history of contamination. However, if there is any uncertainty about land use history, visual condition, or potential contamination, screening or laboratory testing may be needed to confirm compliance and reduce risk.
Q: Can I reuse VENM on another site?
Yes. VENM can be legally reused, transported, or stockpiled without being treated as a waste, provided it meets the definition and is handled in accordance with planning and environmental controls. However, the receiving site may request a VENM Certification Statement or supporting documentation to confirm the material is suitable. We provide this as part of our service.
Q: What happens if I claim material is VENM but it isn’t?
Misclassifying material as VENM when it does not meet the criteria can result in serious legal consequences, including:
Fines and enforcement action under the POEO Act
Rejected loads at receiving sites
Liability for environmental damage
Costly remediation or cleanup orders
We help you avoid these risks by providing independent, professional VENM assessments.
Q: Who can issue a VENM certification?
VENM certification should be prepared by a suitably qualified and experienced environmental consultant who can assess the site conditions, material characteristics, and (if necessary) lab results. At Confluence Environmental, we provide formal statements and supporting reports accepted by councils, certifiers, and waste facilities throughout NSW.