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.
Related activities
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 code | Description |
OL_G01 | A 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_G04a | You 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_L02 | You 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_L03 | You must ensure that surface water is segregated from active landfill cells. |
OL_L04 | Waters contaminated by leachate must not be discharged beyond the boundaries of the site. |
OL_L05 | You 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_L06 | All 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_L10 | You must ensure that waste that has been previously deposited is not recovered and reprocessed except in accordance with written approval from EPA. |
OL_L11 | You 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_L15 | You must take measures to prevent hotspots in the waste mass at the landfill site. |
OL_L16 | You 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_L17 | You 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_L21 | You 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_L23 | You 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_L24 | In 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_L27 | You must complete final capping of [placeholder1] within [placeholder2] of the date that cell became full, in compliance with the approved rehabilitation plan. |
OL_L28 | You 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_WM04 | You must ensure that waste does not burn at the activity site. |
OL_WM14 | All 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.
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
- For information about financial assurances for landfills, visit Financial assurance for permissions and contaminated land.
- Section A of the Landfill licensing guidelines can assist landfill operators and environmental auditors with ongoing environmental management and getting approval for construction of new landfill cells at existing landfills.
- Best practice environmental management: Siting, design, operation and rehabilitation of landfills describes best practice environmental management measures for landfills in Victoria. It takes into account the risk landfills pose to the environment and provides a guide for the measures you must take to comply with the law.
- Best practice guidelines for landfills receiving Category C prescribed industrial waste establishes standards for landfills licensed to receive Category C prescribed industrial waste.
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