Clean Earth or Contaminated Land? It's about to become a little less clear - Update.

Having a clear and simple definition of what constitutes clean earth or clean fill seems like a no-brainer, but it is something that has eluded the contaminated land industry in Queensland, and it's about to become a little less clear.

The Waste Reduction and Recycling and Other Legislation Amendment Act 2023 (Qld) commenced on 1 July 2023.

Among other things, it moved the definition of ‘waste’ into the WRR Act (s 8AA) and removed the ‘clean earth’ definition and levy exemption.

The Waste Reduction and Recycling and Other Legislation Amendment Act 2023 removed the definition of clean earth from theWaste Reduction and Recycling Act.

The Act also relocated the definition of “waste” from the Environmental Protection Act 1994 to the WRR Act (s 8AA), reinforcing the Government’s [debateable] position that the regulated waste framework and contaminated land framework are distinct. The separation of waste and contaminated land is not as practical as it might seem, but that is a discussion for another day!

While the WRR Act no longer defines “clean earth”, the Environmental Protection Regulation 2019 still contains a separate “clean earth” definition relevant to ERAs 54 and 60.

The purpose of a definition of clean earth that can be easily and widely applied is one of efficiency. It is far quicker and more consistent to define something once and then test and refer to the definition than to develop bespoke acceptance criteria for every assessment.

There is good reason the clean earth definition is a tricky one. It comes down to the definition of contamination and a hazardous contaminant. Just as things can be a tonic or a poison depending on the dose and the recipient, soil constituents can be hazardous, neutral, or beneficial depending on the concentration, but also as importantly, depending on the site setting.

These challenges are not insurmountable and with careful thought, a widely applicable definition can be achieved. The Qld ACLCA auditor subcommittee has written numerous industry guidelines on the topic. Regulator input and acceptance is the missing link.

Postscript: June 2025 ELAR Changes

In June 2025, Queensland introduced further amendments via the Environmental Legislation (Annual Review) Amendment Regulation 2025 (ELAR). Key changes include:

• PFAS thresholds updated for regulated waste classification, aligning with NEMP 3.0 guidance.

• Construction & demolition recycling rules tightened, requiring improved source separation and contamination controls.

• Expanded reporting obligations for certain regulated wastes, including electronic tracking refinements.

#ContaminationSimplified #CleanEarth

---

Christian Atkinson is a contaminated land auditor and a suitably qualified person for contaminated land assessment in Queensland with more than 25 years of experience. Any discussion is general and does not consider your specific circumstances. If you are considering acting on any matters discussed, you should seek advice from qualified and experienced professionals.