You can use an order and exemption without EPA approval but, all conditions of an order and exemption must be met for the reuse of the resource recovery waste to be lawful. You must also have, if necessary, development consent and permission from the owner and occupier of the place where the waste will be re-used.
Where orders and exemptions can be used by anyone, the EPA publishes them in the NSW Government Gazette and on this page. Where orders and exemptions are granted to a named person, the EPA issues them in writing to the applicant only.
Current orders and exemptions for use by everyone
Material | Resource recovery orders (RRO) | Resource recovery exemptions (RRE) |
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Acetylene gas lime slurry |
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Ash from burning biomass |
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Basalt fines |
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Biosolids |
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Bulk agricultural crop waste |
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Cement fibre board |
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Coal ash |
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Coal washery rejects |
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Coal washery rejects (coal mine void) |
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Compost |
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Effluent |
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Excavated natural material |
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Excavated public road material |
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Food waste (liquid) |
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Food waste (solid) |
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Foundry sand |
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Gin trash |
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Manure |
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Mulch |
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Pasteurised garden organics |
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Plasterboard |
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Processed animal waste |
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Rapidly Decomposed Food Waste (Closed Loop) |
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Rapidly Dehydrated Food Waste (Eco Guardians) |
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Reclaimed asphalt pavement |
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Recovered aggregate |
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Recovered fines (Continuous) |
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Recovered fines (Batch) |
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Recovered glass sand |
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Recovered railway ballast |
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Slag (blast furnace) |
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Slag (electric arc furnace) |
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Slag (electric arc furnace ladle) |
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Slag (electric arc welding) |
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Slag (steel furnace) |
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Stormwater |
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Treated drilling mud |
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Treated grease trap waste |
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Tyres |
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Rapidly dehydrated food waste (Enrich 360) | Order (PDF 174KB) | Exemption (PDF 145KB) |
Current orders granted to named persons and exemptions for use by everyone
The EPA has issued these orders to a named person so you cannot view them as they are confidential. Only the named person can supply their resource recovery waste. The exemption applies when you reuse their resource recovery waste.
Please contact your supplier directly, if the resource recovery waste that you intend to re-use does not appear here.
You can apply to the EPA for an order and exemption if there is no current order and exemption for your planned re-use of a waste.
Guidelines for using orders and exemptions
Our guidelines will help you to understand your responsibilities and obligations when using orders and exemptions.
- Guidance on the resource recovery order and exemption for mulch (PDF 1.9MB)
- Fact sheet: Rapidly decomposed or dehydrated food waste and the EPA resource recovery framework (PDF 180KB)
- Environmental guidelines: Use and disposal of biosolids products (PDF 855KB)
- Applying compost and biosolids to land fact sheet (PDF 275KB)
Complying with orders and exemptions
- Read all sections of the relevant order and exemption carefully before supplying or re-using a resource recovery waste.
- If applicable, record all sampling and testing data so you can detect exceedances as soon as possible.
- E-mail the EPA at mailto:waste.exemptions@epa.nsw.gov.au within seven days of becoming aware that you have not complied with any requirement of an order or exemption.
- Keep the records required by an order or exemption for six years, including records held under the former Resource Recovery Exemption framework.
More information
For more information, e-mail waste.exemptions@epa.nsw.gov.au or contact Environment Line on 131 555.