Black coal fly ash is one of the types of residue generated from black coal-fired power stations. It’s composed of fine particles of burned fuel (particulates) collected from gases released upon combustion.

Victoria does not have any black coal-fired power stations. But black coal fly ash is brought in and used by the construction industry in cement and cement products.

The risk to human health and the environment from black coal fly ash depends on its composition and contaminant concentrations, and how it’s used and managed. Black coal fly ash that meets the requirements of the legislative instruments we’ve created poses low risk to human health and the environment.

How waste must be managed in Victoria is set out in the Environment Protection Act 2017 and the Environment Protection Regulations 2021.

The Environment Protection Act 2017 is a duties-based framework with a general environmental duty at its centre. This duty requires anyone engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste to minimise those risks so far as reasonably practicable.

Apart from the general environmental duty, anyone generating, transporting or receiving industrial waste must also act in accordance with other legal duties that apply to that waste. This includes black coal fly ash from interstate transported into Victoria.

This guide does not:

• give detailed industry-specific advice on other industrial waste, such as other types of fly ash or waste-treatment residue
• cover the operation of coal-fired power stations
• cover other laws that may apply to managing black coal fly ash, such as Occupational Health and Safety Regulations 2017.

How we regulate black coal fly ash

Fly ash is classified as reportable priority waste in Schedule 5 of the Environment Protection Regulations 2021, with the waste code N150.

This is the highest level of waste classification in Victoria because it can pose the greatest risk to human health and the environment. Those managing reportable priority waste are subject to the highest level of duties under the Environment Protection Act 2017. 

We’ve created the following legislative instruments with specific conditions to reduce regulatory barriers for managing low-risk black coal fly ash.

Designation

Black coal fly ash will no longer be considered reportable priority waste if it meets the specifications and conditions in the Designation: classification of black coal fly ash.

This means you do not:

• require permissions for receiving, supplying, or transporting reportable priority waste
• have to track the waste through our Waste Tracker app.

However, black coal fly ash remains industrial waste and priority waste under the designation, and other duties still apply.

Determinations

These determinations set out when you do not require permissions, which may otherwise apply, for receiving and storing black coal fly ash. 

Determinations under section 48 of the Act:

• Exemption from requirement to hold a development licence – black coal fly ash
• Exemption from requirement to hold a permit – black coal fly ash
• Exemption from requirement to hold a registration – black coal fly ash.

These only apply to black coal fly ash classified as not reportable priority waste through the above designation. This means we do not need to approve you receiving, storing or using black coal fly ash.

Black coal fly ash that meets the specifications and conditions is not reportable priority waste (but remains priority waste) to allow it to be received for low-risk uses.

The designation has specifications around:

• fuel source
• contaminant concentration thresholds
• management or use.

Fuel source

The fuel source is the combusted fuel used at the power station where the black coal fly ash is generated.

The designation specifies the fuel source must not include biomass or biosolids contaminated with PFAS (per-and polyfluoroalkyl substances). This is due to the high risk of PFAS contamination from these types of waste.

Contaminant concentration thresholds

The specific limits for common contaminants of black coal fly ash are set out in Appendix A of the designation. 

You need to be aware of any other contaminants not listed in the designation, but that are known or could be reasonably suspected to be present in the black coal fly ash. This includes:

• cobalt, which must not exceed 100 mg per kg in dry weight 
• other contaminants in Table 3: Fill material contamination total concentration upper limit in our publication Waste disposal categories – characteristics and thresholds (Publication 1828.2), which must not exceed the total concentration listed.

As part of your priority waste duties, you must take all reasonable steps to provide all relevant information regarding the black coal fly ash to anyone you supply it to. This includes any sample analysis results. As a receiver, you should take care to obtain all relevant information from the producer or supplier of the black coal fly ash. 

Any analysis required for the purposes of the designation must be undertaken by a laboratory accredited by the National Association of Testing Authorities.

Management or use

The types of use for black coal fly ash under the designation is limited to low-risk applications. That is, it’s limited to where black coal fly ash is used as part of a cementitious mixture.

A cementitious mixture is a mix of black coal fly ash with cement, lime and other activators that encapsulate the ash or chemically transform it to incorporate into use in bound applications, such as cement.

As a condition of the designation, black coal fly ash must not be placed on or applied directly to land unless it’s being used as part of a cementitious mixture. This includes during transport, storage and handling activities.

These include:

• A01 licences for receiving and storing reportable priority waste 
• A16 permit for supply or use
• waste tracking 
• A10b registration for transporters.

Requirements under the determinations

The determinations specify the requirements you must meet in order to not need our permission to receive and store black coal fly ash. The 3 determinations for black coal fly ash each exempt a different type of permission (development licence, permit or registration) but the requirements are the same.

The determinations only apply to black coal fly ash complying with a designation classifying it as non-reportable priority waste.

They only apply to those receiving black coal fly ash for storage before transporting to another site or temporary storage before use onsite as part of a cementitious mixture.

What about receiving black coal fly ash for immediate use?

A declaration of use form can be used in situations where black coal fly ash meets the designation and is no longer reportable priority waste. This is only appropriate where the black coal fly ash can be used immediately as part of a cementitious mixture without requiring storage.

Declaration of use is an easy to use tool enabling waste producers and receivers to meet their duty to send it to a place that can lawfully receive such waste. It’s a self-assessed declaration supporting the safe reuse and recovery of materials from low-risk waste. It’s a 2-page form that does not require EPA approval, notification or tracking.

A declaration of use form will not mean that applying black coal fly ash to land will be permitted. 

Non-compliance with determinations

Where you cannot meet the requirements of the determination, it will not apply. In such cases, you may need a permission to receive and store black coal fly ash. The type of permission depends on what you plan to do with the black coal fly ash. 

Other duties and responsibilities

Industrial waste and priority waste duties still apply to black coal fly ash compliant with the designation.

The general environmental duty also applies to all individuals and businesses managing black coal fly ash. This requires duty-holders to take all reasonable steps to manage potential risks to human health and the environment. It means duty holders for that waste must follow:

• safety and use instructions 
• industry best practice, including WorkSafe requirements
• any Australian Standards that apply.