A05a – Landfills (excluding municipal landfills servicing less than 5,000 people)

Learn about the A05a – Landfills (excluding municipal landfills servicing less than 5,000 people) – licences, the conditions you must comply with and how to apply.

When you need a licence for this activity

You must get a permission from us to conduct certain activities that have risk of harm to human health and the environment. These are called prescribed activities and are defined in Schedule 1 of the Environment Protection Regulations 2021.

Landfills pose many risks to human health and the environment, including odour, noise, contaminated groundwater from leachate, and landfill gas.

Siting, managing and rehabilitating landfills needs a high level of design and management to protect the environment and meet community needs.

Under the Regulations, you need an A05a development licence and operating licence when you operate a landfill that:

  • receives, discharges or deposits solid waste (including solid industrial waste) to land, and
  • services 5,000 people or more.

An A05a licence does not cover:

  • municipal landfill facilities occupied by a council servicing less than 5,000 people
  • landfills previously licensed by EPA that stopped depositing solid waste to land before 1 July 2021 and did not hold an operating licence on 1 July 2021
  • landfills or tailings storage facilities that are used only for the discharge or deposit of mining or extractive industry waste in accordance with the Mineral Resources (Sustainable Development) Act 1990 and that discharge or deposit waste solely to land, or
  • disposal of tunnel boring machine spoil in accordance with a permit that specifies an activity set out in item 80 L09 – Disposing of tunnel boring machine spoil in Schedule 1 of the Regulations.

Exemptions

Under some circumstances, you can apply for a development licence exemption or an operating licence exemption.

To operate a municipal landfill facility occupied by a council servicing less than 5,000 people, you need an A05b – Municipal landfills servicing less than 5,000 people development licence and permit.

Information to include in your application

When you submit your application in the portal, it must include certain information and supporting evidence. To learn more, visit Apply for a development licence or Apply for an operating licence.

If you're unsure of the type of permission you need, use our free permission pathway process before you start your application.

For this application, you may need to provide a new or updated financial assurance proposal. For information about financial assurance proposals for landfill activities, visit Financial assurance for a landfill.

Application fee

For a list of current fees and how they're calculated, visit Fees. An extra fee may apply if we need more time than specified in the Regulations to assess your application.

If an application fee applies, we cannot assess your application until we've received and processed this fee.

How long your licence is valid for

Your A05a operating licence is valid for up to 99 years.

How we assess your application

Find out how we assess your application and how long it takes.

Visit Landfill licensing guidelines for timeframes for approval stages.

Under section 52A(4) of the Environment Protection Act 2017, we cannot accept an application that proposes a new landfill if the proposed site is not a future landfill site included in the schedule of landfill sites in the Victorian Recycling Infrastructure Plan.

Under section 52A(5) of the Act, we can approve an application where the site:

  • is privately owned
  • will only receive waste that was owned by the owner of the site before it became waste.

Operating licence conditions

Permission conditions outline the legal obligations for the permission holder. They set up a framework for risk management, record keeping and reporting.

Where a condition includes:

  • the word 'placeholder', values will be populated with information that's specific to your site
  • a reference to a 'figure' or 'appendix', information will be populated that's specific to your site.

'Authority' means Environment Protection Authority (EPA).

Other conditions may apply.

Condition codeDescription
OL_G01A copy of this licence must be kept at the activity site and be easily accessible to persons who are engaging in an activity conducted at the activity site. Information regarding the requirements of the licence and the Act duties must be included in site induction and training information.
OL_G02

You must immediately notify the Authority by calling 1300 EPA VIC (1300 372 842) in the event of:

a) A discharge, emission or deposit which gives rise to, or may give rise to, actual or potential harm to human health or the environment;

b) A malfunction, breakdown or failure of risk control measures at the activity site which could reasonably be expected to give rise to actual or potential harm to human health or the environment; or

c) Any breach of the licence.

OL_G03

You must notify the Authority within 48 hours of the occurrence of any the following:

(a) Any change to your name or address (including your registered address and activity site as applicable);

(b) You become, or are likely to become, an insolvent under administration;

(c) You become, or are likely to become, an externally administered company under the Corporations Act; or

(d) A change to an officer (as defined in the Act).

You must update your information in the EPA Interaction Portal if any other relevant administrative details for your business change.

OL_G04aYou must provide the Authority with a Permission Information and Performance Statement (PIPS) in the form determined by the Authority within 2 months of receiving notification in writing from the Authority. The PIPS may be released to the public (in whole or in part).
OL_G04b

Information and monitoring records used for the preparation of, inclusion in, or support of, any reporting or notification that is required of you by the Authority (including data reporting, performance reporting, documents evidencing any risk and monitoring program) must be:

a) retained for five years; and

b) made available to the Authority on request.

OL_G05

1. You must develop a risk management and monitoring program for your activities which:

(a) identifies all the risks of harm to human health and the environment which may arise from the activities you are engaging in at your activity site;

(b) clearly defines your environmental performance objectives;

(c) clearly defines your risk control performance objectives;

(d) describes how the environmental and risk control performance objectives are being achieved;

(e) identifies and describes how you will continue to eliminate or minimise the risks in 1(a) (above) so far as reasonably practicable (SFARP); and

(f) describes how the information collated in compliance with this clause, is or will be disseminated, used or otherwise considered by you or any other entity.

2. The risk management and monitoring program must be:

(a) documented in writing;

(b) signed by a duly authorised officer of the licensed entity; and

(c) made available to the Authority on request.

OL_G06.02

You must:

(a) provide the Authority with a financial assurance in a form and for an amount determined by the Authority, by a date specified by the Authority; and

(b) maintain such financial assurance (including any part of such assurance) so that it can be claimed on, utilised or realised by the Authority as and when required.

OL_L01

The risk management and monitoring program referenced in condition OL_G05 must be in accordance with Section A of the Landfill licensing guidelines (EPA Publication 1323). The risk management and monitoring program must be verified by a person who has been appointed as an environmental auditor under the Environment Protection Act 2017 and it must:

a) describe the environmental monitoring of landfill gas, leachate, groundwater, land, air, odour, noise, dust and surface water which will be undertaken to respond to the risks identified in the risk assessment;

b) contain trigger levels and contingency actions to prevent further pollution if trigger levels are exceeded; and

c) specify the frequency for completing environmental audits of the landfill operation.

OL_L02You must engage a person who has been appointed as an environmental auditor under the Environment Protection Act 2017 to conduct environmental audits of the nature and extent of the risk of harm to human health or the environment arising from landfill operation under section 208 of the Act at the frequency specified in the monitoring program.
OL_L03You must ensure that surface water is segregated from active landfill cells.
OL_L04Waters contaminated by leachate must not be discharged beyond the boundaries of the site.
OL_L05You must take all practicable measures to prevent emissions of landfill gas from exceeding the action levels specified in Table 6.4 of Best practice environmental management: Siting, design, operation and rehabilitation of landfills (EPA Publication 788).
OL_L06All waste in the cell(s) listed in Appendix 7, apart from at the active tipping face, must be covered at all times.
OL_L07

By the end of each day's operations waste must be covered in one of these ways:

a) with a layer of soil at least 0.15 metres thick if the waste is only solid inert waste;

b) with a layer of soil at least 0.30 metres thick for all other wastes;

c) using alternative cover approved by the Authority in writing.

OL_L08

You must:

a) limit the area of the tipping face of each cell to [placeholder1];

b) only operate one tipping face at any time unless a second tipping face is required for short term operational reasons; and

c) ensure the active tipping face is mechanically stable as per Section 7.6 of the Best practice environmental management: Siting, design, operation and rehabilitation of landfills (EPA Publication 788).

OL_L09

You must ensure all of the following:

a) Waste that is accepted for disposal at the activity site is only placed into cell(s) listed in Appendix 7; and

b) Waste for disposal is not placed outside of the perimeter of any cell(s) listed in Appendix 7.

OL_L10You must ensure that waste that has been previously deposited is not recovered and reprocessed except in accordance with written approval from EPA.
OL_L11You must ensure that waste is not stockpiled at the activity site prior to deposit in a cell except in accordance with written approval from EPA.
OL_L12

You must ensure that an independent annual survey is conducted by a licensed surveyor, or other method approved by the Authority in writing, by the end of June each year for each landfill cell at the activity site and submitted to the Authority with your permission information and performance statement. The survey must:

a) confirm the volume and mass of air space consumed since the last survey; and

b) verify that the top of the waste deposited in cells is in compliance with the EPA approved pre-settlement contour plan.

OL_L14

A weighbridge must be used at the landfill to measure and record:

a) the weight of waste received at the site; and

b) the weight of waste that is removed from the site.

OL_L15You must take measures to prevent hotspots in the waste mass at the landfill site.
OL_L16You must report hotspots within the waste mass to the Authority within 24 hours of detection, and provide a follow-up action plan within 7 days detailing how the hotspot will be cooled, including monitoring, actions completed and to be taken, along with the proposed timeframes.
OL_L17You must manage hotspots within the waste mass in accordance with the Landfill licensing guidelines (EPA Publication 1323).
OL_L18

You must:

a) notify the Authority of your intention to commence construction of a new landfill cell at the activity site by written notice in accordance with Appendix 7 of the Landfill licensing guidelines (EPA Publication 1323); and

b) not start constructing a new cell without written approval from the Authority.

OL_L19

Prior to commencing construction of a new landfill cell you must submit the following material to the Authority so that it may consider whether or not to grant approval for the construction of the new cell:

a) detailed designs of the landfill cell meaning plans, technical specifications and a construction quality assurance plan which comply with Section 6 and Appendices D, E and F of the Best practice environmental management: Siting, design, operation and rehabilitation of landfills (EPA Publication 788);

b) an assessment report of the detailed designs prepared by a person who has been appointed as an environmental auditor under the Environment Protection Act 2017 in accordance with Appendix 14 of the Landfill licensing guidelines (EPA Publication 1323); and

c) a completed and signed auditor declaration in the format shown in Appendix 15 of the Landfill licensing guidelines (EPA Publication 1323).

OL_L20

Upon approval by the Authority to construct each new landfill cell, you must engage a person who has been appointed as an environmental auditor under the Environment Protection Act 2017 to conduct an environmental audit and submit an environmental audit statement and environmental audit report to the Authority. The environmental audit report must:

a) verify that the construction of the new landfill cell is in accordance with EPA approved designs;

b) assess any potential risks associated with the construction or use of the new landfill cell; and

c) be prepared in accordance with Section 212 of the Environment Protection Act 2017.

OL_L21You must not commence filling of any new landfill cell with waste without the written approval of EPA.
OL_L22

You must implement a rehabilitation plan for the landfill. The plan must:

a) be revised after each cell is full, if necessary;

b) meet the requirements of Section 8 of Best practice environmental management: Siting, design, operation and rehabilitation of landfills (EPA Publication 788);

c) set timeframes for placement of final capping of all completed cells, calculated from the date that the cell became full; and

d) set timeframes for the progressive capture and treatment of landfill gas and leachate from each completed cell.

OL_L23You must place intermediate cover on all cells within one month of the date that the cell became full. The intermediate cover must comprise a minimum of 500 mm of compacted clay or compacted clay rich soil or alternative cover approved by the Authority in writing.
OL_L24In circumstances where the deposit of waste in a cell is likely to cease for a period of three months or more, you must place intermediate cover on the cell within one month of the date that waste was last placed in the cell. The intermediate cover must comprise a minimum of 500 mm of compacted clay or compacted clay rich soil or alternative cover approved by the Authority in writing.
OL_L25

Prior to commencing construction of each new section of landfill cap you must submit the following to the Authority for approval:

a) detailed designs of the landfill cap, meaning plans, technical specifications and a construction quality assurance plan which comply with Section 8 and Appendices D, E and F of the Best practice environmental management: Siting, design, operation and rehabilitation of landfills (EPA Publication 788);

b) an assessment report of the detailed designs of the cap prepared by a person who has been appointed as an environmental auditor under the Environment Protection Act 2017 in accordance with Appendix 14 of the Landfill licensing guidelines (EPA Publication 1323); and

c) a completed and signed auditor declaration in the format shown in Appendix 15 of the Landfill licensing guidelines (EPA Publication 1323).

OL_L26

Upon approval by the Authority to construct each new landfill cap you must engage a person who has been appointed as an environmental auditor under the Environment Protection Act 2017 to conduct and submit an environmental audit report to the Authority. The environmental audit report must:

a) verify that the construction of the cap is in accordance with EPA approved designs;

b) assess any potential risks associated with the construction; and

c) be prepared in accordance with Section 212 of the Environment Protection Act 2017.

OL_L27You must complete final capping of [placeholder1] within [placeholder2] of the date that cell became full, in compliance with the approved rehabilitation plan.
OL_L28You must provide the Authority with at least 6 months notice of your intention to cease accepting waste at the activity site.
OL_WA01

You must ensure all of the following:

a) Only waste of a type shown in Appendix 4 of this licence is accepted at the activity site; and

b) If it is identified that any waste has been received at the activity site that is of a type not shown in Appendix 4 in contravention of paragraph a) above, such waste must be placed in a designated and sign-posted temporary storage area and sent for disposal to a site licensed by the Authority to receive such waste within 21 days of the date it was received.

OL_WM04You must ensure that waste does not burn at the activity site.
OL_WM14All plant and equipment must be maintained and operated in proper working condition, in accordance with the manufacturer’s specifications.

Conditions for development licences are specific for each licence.

Apply now

Apply for an A05a – Landfills excluding municipal landfills servicing less than 5,000 people development licence or operating licence in our portal.

Apply now

Manage your licence

To amend, transfer or surrender your licence, visit Manage your permission.

For more information about amending a licence following cell construction, visit Amend operating licence following landfill cell construction.

Guidance

Updated