Contaminated Soil & Waste Rules for 2026

As construction and land redevelopment accelerate across New South Wales, understanding contaminated soil classification has never been more critical. The regulatory framework around soil and waste classification is tightening, and in 2026, the EPA will apply even greater scrutiny to how developers identify, test, document, and dispose of contaminated materials.

At Nova Group Pacific, we work alongside developers, contractors, industrial operators and government bodies to ensure every stage of land disturbance—from excavation to reuse—is fully compliant, cost-effective, and defensible. This article explains the evolving EPA waste categories, outlines the testing and documentation developers need to stay compliant, and provides a practical compliance checklist tailored for the 2026 regulatory environment.

Understanding Soil and Waste Classification in NSW

Correctly classifying soil and waste isn’t just a compliance obligation: it’s a financial and reputational safeguard. A misstep in classification can lead to costly landfill rejections, construction delays, regulatory action, and ongoing liability under contaminated land laws.

When soil is excavated during development, it must be assessed to determine whether it can be reused on-site, transported as Virgin Excavated Natural Material (VENM) or Excavated Natural Material (ENM), or whether it qualifies as regulated waste that must be sent to a licensed facility. This classification defines the legal path for handling, transport, and disposal.

Our Soil & Waste Classifications service helps clients interpret these distinctions clearly, ensuring that materials are classified correctly the first time—avoiding unnecessary costs or delays. For background terminology, refer to our glossary entry on soil classification.

New Waste Classes and EPA Expectations for 2026

The NSW Environment Protection Authority (EPA) continues to refine the waste classification framework that governs how excavated materials are defined, tracked, and disposed of.

In 2026, developers will need to pay closer attention to how waste categories align with environmental risk and reuse opportunities. Some key trends and clarifications include:

• Strengthened classification hierarchy: The EPA continues to emphasise that materials must first be assessed to determine whether they are VENM, ENM, or regulated waste. Only after this can reuse or disposal be approved.
  
• Increased scrutiny on fill reuse: Even seemingly “clean” soil cannot be reused or relocated without supporting laboratory data. Any imported fill must carry an accompanying classification certificate.
  
• Closer alignment with contaminated land frameworks: The EPA now requires consistency between contaminated land assessment outcomes and waste classification. For example, if a Detailed Site Investigation identifies localised contamination, this must be reflected in how stockpiled material is classified and moved.
  
• Documentation integration: Landfill operators will expect classification documentation that directly references contaminant concentrations, EPA waste codes, and laboratory methods—no generic reports or incomplete testing will be accepted.
  

For guidance on how these changes intersect with contaminated land management, see our Contaminated Land Assessment, Management & Remediation service page.

Testing and Documentation Requirements

The foundation of compliant soil and waste classification lies in accurate testing and verifiable documentation. Developers should view testing not as an added burden, but as a means to unlock certainty—about costs, disposal options, and project timelines.

Site Investigation and Sampling

Every classification begins with a sound understanding of site conditions. This typically includes:

• Reviewing the historical use of the site to identify potential contamination sources such as fuel storage, manufacturing, or fill importation.
  
• Undertaking a Preliminary Site Investigation (PSI) or Detailed Site Investigation (DSI) to define contamination hotspots.
  
• Collecting representative soil samples from areas of excavation or stockpiles and sending them to a NATA-accredited laboratory for analysis of hazardous waste such as metals, hydrocarbons, asbestos, and other contaminants.
  
• Segregating excavated materials into zones—clean fill, suspect material, and contaminated soil—so that classification is transparent and manageable.
  

A well-designed sampling program forms the evidence base for classification decisions and ensures that no surprises arise when materials are delivered to landfill or reuse sites.

For large or complex sites, this stage often overlaps with environmental management planning. Our Construction & Environmental Monitoring team ensures sampling, stockpiling, and transport remain compliant throughout construction.

Waste Classification Documentation

Once laboratory data are available, the consultant prepares a waste classification report that assigns the correct EPA waste category to each soil type or stockpile. The documentation should include:

• The analytical results and laboratory certificates.
  
• Reference to the EPA’s Waste Classification Guidelines and applicable waste codes.
  
• Chain-of-custody records for all samples and transport movements.
  
• Acceptance documentation from the receiving landfill or reuse facility.
  
• Validation reports, if soil has been remediated or retained on-site.
  

Without this documentation, the EPA or disposal facility can reject loads, delay approval, or impose fines. The Remediation Action Plan in our glossary explains how these documents interact within the broader contaminated land framework.

Developers should ensure they retain copies of all classification reports, manifests, and disposal certificates for at least seven years, as the EPA can audit this material well after project completion.

Obligations for Developers and Contractors

Responsibility for compliance extends across the project supply chain.

Developers must ensure that:

• Any imported fill has been formally classified, even if sourced from a “clean” supplier.
  
• Transporters and subcontractors are aware of EPA waste categories and disposal site requirements.
  
• Records are maintained for every movement of soil, from excavation through to final placement.
  
• Development consent and construction certificate conditions relating to soil management are fully met.
  

Engaging an experienced environmental consultant early in the design process ensures classification is addressed proactively—not reactively once the excavator is in the ground.

Compliance Checklist for Developers in 2026

To simplify project planning, developers can use this compliance checklist to stay aligned with EPA and council expectations:

Before Excavation

• Review site history and previous land uses.
  
• Engage an accredited environmental consultant to scope testing requirements.
  
• Plan excavation and stockpiling strategies to separate potentially contaminated material.
  
• Establish budget allowances for sampling, analysis, and disposal.
  

During Excavation

• Keep clean and contaminated materials segregated at all times.
  
• Conduct NATA-certified sampling and maintain chain-of-custody for all samples.
  
• Label and record the location of each stockpile.
  
• Monitor air quality and dust emissions if soils are being disturbed or stockpiled.
  

After Classification

• Obtain a signed classification report and waste code assignment.
  
• Confirm landfill or reuse site acceptance before transportation.
  
• Complete all manifests and EPA transport documentation.
  
• Retain all validation and disposal records for auditing.
  

Post-Construction

• Ensure any residual contaminated soil on-site is remediated and validated.
  
• Provide final reports to council and the EPA as required under consent conditions.
  
• Review classification outcomes to improve risk management on future projects.
  

Maintaining an internal compliance system—complete with templates for waste certificates, chain-of-custody, and validation reporting—helps developers demonstrate regulatory confidence.

Why Early Classification Saves Time and Cost

Many developers delay soil classification until late in the construction process, only to discover that disposal costs are far higher than anticipated. Early classification, integrated into the design phase, delivers measurable benefits:

• Accurate budgeting: Knowing your waste classes upfront prevents major cost blowouts.
  
• Reduced delays: Classification documentation is ready when excavation begins, avoiding landfill rejection.
  
• Improved project certainty: Stakeholders can plan around realistic timeframes for excavation and disposal.
  
• Enhanced compliance: The EPA, local councils, and financiers are increasingly asking for upfront proof of classification and validation planning.
  

Partnering with Nova Group Pacific early allows for soil & waste classification, remediation strategy, and environmental management planning to progress in parallel—streamlining both regulatory and commercial outcomes.

Preparing for 2026 Regulatory Changes

The EPA’s reforms and updated approach to waste classification in 2026 reflects Australia’s broader shift towards sustainability, accountability, and resource efficiency. As the focus sharpens on circular economy outcomes, developers will be encouraged to prioritise material reuse wherever possible—provided contamination thresholds are met.

Nova Group Pacific anticipates greater emphasis on:

• Digital waste tracking to ensure every tonne of soil can be traced from source to destination.
  
• Integration of soil classification data into development applications and environmental impact statements.
  
• Stronger links between contaminated land reporting and construction approvals.
  
• Increased enforcement against non-compliant disposal or undocumented fill movements.
  

Our consultants remain ahead of these regulatory updates, helping clients adapt to new classification expectations while maintaining commercial feasibility.

Conclusion

The classification and disposal of contaminated soil are among the most scrutinised aspects of property development in NSW. With 2026 bringing new EPA expectations and a focus on documentation integrity, developers must treat soil and waste classification as a core compliance pillar—not an afterthought.

At Nova Group Pacific, we help our clients achieve clarity, compliance, and confidence through expert classification, environmental assessment, and remediation services. Our multidisciplinary teams bring technical precision and regulatory insight to every stage of the project lifecycle.

If your site involves excavation, remediation, or material reuse, we can help ensure your classification and disposal strategies meet every EPA and council requirement.

Book a consultation with our soil and waste specialists to discuss your project. Together, we’ll help you stay compliant, minimise disposal costs, and deliver your development safely and efficiently.