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 Bill 2023 has been passed and will commence on a date to be determined [Exp Note | Statement of Compatibility].
The Waste Reduction and Recycling and Other Legislation Amendment Bill 2023 removes the definition of clean earth.
In addition, amongst other things, the Bill moves the definition of waste to the Waste Reduction and Recycling Act 2011, reinforcing the Government's position that waste and contaminated land are separable.
The separation of waste and contaminated land is not as practical as it might seem, but that is a discussion for another day. The removal of the clean earth definition is a little more perplexing. 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. Let's hope a new definition is in the wings.
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.
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