Users of the guideline 

This guideline is for use by holders of EPA issued licenses subject to condition OL_G7, DL_G7 or other relevant licence condition where specified. The guideline has not been prepared for general industry or community stakeholder use. 

Guideline objectives 

The objective of the ‘Decommissioning guidelines for licences’ is to help EPA-issued licence holders prepare a decommissioning plan. These plans are required for all prescribed permission activities conducted under an operating licence subject to licence condition OL_G7.

The guideline aims to achieve this objective by providing: 

• Guidance on the detail and phasing of decommissioning plans. 
• Clarity on EPA’s expectations for the minimum standards for decommissioning plans. 
• A clear framework for preparing and structuring decommissioning plans. 

A decommissioning plan prepared in accordance with this guideline assists licence holders demonstrate compliance with licence condition OL_G7, DL_G7 or other relevant licence condition where specified.

Legislative and permissioning framework

Environment Protection Authority Victoria (EPA) is Victoria’s environmental regulator. It is EPA’s role to protect human health and prevents harm to public health and the environment from pollution and waste. Under the Environment Protection Act 2017 (the Act), EPA regulates using a risk-based and duties framework. Central to this framework is the general environmental duty (GED). Under the GED all Victorians must reduce risk of harm from their activities to human health and the environment from pollution or waste so far as reasonably practicable. There are also duties to manage contaminated land, duties to notify, and duties to manage waste.

Under Schedule 1 of the Environment Protection Regulations 2021 (the Regs) certain activities are ‘prescribed activities’. You need a permission from EPA before commencing any these activities. Permissions work alongside the GED and other duties to ensure performance standards and conditions are met across a range of activities. Permissions include licences, permits, and registrations.

Licences are a type of permission used for the highest risk and complexity activities. This includes such activities as landfills, power stations, and Reportable Priority Waste management facilities. There are two main types of licences. A development licence is for the design, construction, and modification stages of complex high-risk activities. An operating licence is required to undertake the activities.

All licences include a preamble, conditions, and a set of plans including an activity site plan. Some operating licences also include waste acceptance and treatment tables and discharge limit tables. Licence holders must always comply with the conditions of their licence. They must report immediately to EPA any non-compliance with a condition. They must also ensure that prescribed activities only occur within the areas shown in the activity site plan.

Decommissioning of prescribed activities

Cessation or ‘decommissioning’ of prescribed activities can pose significant risks to human health and environment. Decommissioning is not defined under the EP Act or Regulations. For the purposes of this guideline, decommissioning means removing risk of harm to human health and the environment from plant, equipment and activity site areas that are no longer in use. This includes: 

• part or complete cessation of activities
• part or complete removal of equipment, structures, or wastes, or
• relinquishing or changing land use of some or all an activity site area.

Licence condition OL_G7

Section 54(2)(j) of the Act allows EPA to impose conditions relating to the cessation of permission activities. EPA has imposed a condition (OL_G7) on operating licences to help manage risks associated with decommissioning. The condition requires operating licence holders to prepare and maintain a decommissioning plan. This is consistent with EPA's preventative, risk-based, and duties framework. Plans must be provided to EPA (the Authority) upon request. Licence condition OL_G7 states, you must:

1. develop and maintain a decommissioning plan that is in accordance with the current decommissioning guidelines published by the Authority;
2. provide the decommissioning plan to the Authority upon request;
3. supply to the Authority an updated decommissioning plan 40 business days prior to commencement of decommissioning, if you propose to divest a section of the licensed site, cease part of all of the licensed activity or reduce the basis upon which the licence was granted to a point where licensing is no longer required;
4. decommission the licensed site in accordance with the detailed decommissioning plan, to the satisfaction of the Authority and within any reasonable timeframe which may be specified by the Authority.

If your operating licence includes condition OL_G7 you must prepare and maintain a decommissioning plan in accordance with this guideline.

Decommissioning requirements for landfills

If you are an operating licence holder that operates a landfill, you will need to complete both:

• a rehabilitation plan for the landfill area (licence condition OL_L22), and
• a decommissioning plan for the remaining licensed areas the site.

For guidance on landfill rehabilitation plan obligations, see Best practice environmental management: Siting, design, operation and rehabilitation of landfills (Publication 788).

Decommissioning requirements for extractive industries or mines

If you are an operating licence holder that operates an extractive industry or mine you may also be regulated under the Mineral Resources (Sustainable Development) Act 1990 (MRSDA). The MRSDA may require a rehabilitation plan and MRSDA Bond. EPA does not intend to duplicate the rehabilitation and decommissioning requirements of the MSRDA. Your decommissioning plan does not need to address those elements covered by MRSDA requirements.

Financial assurance requirements

EPA requires a financial assurance as a condition of certain licences. In these instances, decommissioning plans will be considered when determining the amount of financial assurance. Please refer to:

• Financial assurance for permissions and contaminated land management (Publication 2002)

• Calculation of financial assurance for landfills, reportable priority waste management and waste and resource recovery facilities (Publication 2003)     

Decommissioning

Cessation or ‘decommissioning’ of prescribed activities can pose significant risks to human health and environment. Some of these risks can be minimised or eliminated by considering them over the lifespan of an activity’s operation. This can be achieved through your risk management and monitoring program (OL_G5) and by complying with licence conditions, the GED, and other duties, including the duty to notify of contaminated land. Decommissioning planning and decommissioning should be conducted progressively as your licence activity site requirements or state of knowledge change.

Decommissioning of a licensed activity will require an assessment. These assessments usually involve a detailed site investigation to determine the environmental condition of an activity site. Site investigations aim to ensure that all environmental risks are assessed and are necessary to identify appropriate environmental control measures for decommissioning. In some instances, decommissioning may uncover legacy or historical pollution and contamination. This may lead to further assessment and clean-up work – see ‘encountering pollution or contamination.

Assessments, including detailed site investigations, must be conducted by a suitably qualified person. The content of assessments will vary case-by-case and will be informed by state of knowledge for that industry or activity type. An assessment must address all relevant environment segments. A detailed site investigation usually requires the assessment of land, soil vapour, and groundwater.

This guideline does not provide industry or activity specific advice on the risks of decommissioning activities. It is the responsibility of licence holders to be familiar with the state of knowledge for your industry or activity. 

Encountering pollution or contamination

A detailed site investigation will identify if pollution or contamination has occurred. If detected, further work may be required under a statutory environmental audit. This work may require site clean-up or remediation.

Under these circumstances EPA is likely to specify requirements and timeframes of decommissioning. This will be done through issuing a Remedial Notice. The Notice will specify decommissioning requirements which you must comply with.

For more information, visit:

• Guidance for operating licences (Publication 1850)
• Remedial powers policy (Publication 1813)
• Remedial notices and directions.

Minimum requirements for all decommissioning plans 

As a minimum requirement, all decommissioning plans prepared under this guideline must:

1. Outline how you intend to cease prescribed activities. 
2. Detail how you will reinstate the environment to the condition it was in before commencing prescribed activities.
3. Identify post-activity land uses.
4. Detail the measures to manage risks to environment and human health associated with decommissioning activities.
5. Detail measures to comply with the GED, duties to manage contaminated land, duties to notify, and duties to manage waste during decommissioning.
6. Detail measures to comply with any other relevant condition of the licence.
7. Have regard to any other relevant statutory or legislative requirements.

All plans must address parts (a)-(d) of Table 1 – Decommissioning Plan structure below. Initially, the information may be brief and general. The level of detail will develop as your operations change over time or as your state of knowledge grows. However, you must keep the decommissioning plan up to date including when licensed activities are expanded, ceased, or if land is divested. In accordance with conditions of your licence, your plan must be provided to EPA upon request. 

Requirements for final detailed decommissioning plans

When it comes time to submitting a final detailed decommissioning plan in accordance with your relevant licence condition, your decommissioning plan must address in full parts (a)-(f) of Table 1 – Decommissioning Plan structure below. Your final plan must cover the entire activity site area as shown on your licence. 

Table 1: Decommissioning plan structure

Plan identification	The unique title and identifier of your decommissioning plan.
Background information	Relevant background information including setting out the purpose of your decommissioning plan.
Licensed activities	Your decommissioning plan must provide a summary of all activities you are allowed to conduct under your licence.
(a) Condition of the existing site	Describe the site condition in terms of existing or proposed:  main buildings, including building fabric operational areas storage areas, including bulk above and below-ground storage structures administrative areas site surfaces (e.g., concrete, asphalt, unpaved, grassed) internal roadways  surface drainage trade waste infrastructure other structures location of any activities that are likely to pose a risk to the environment and/or human health. These may include but are not limited to chemical storage areas, chemical processing areas, underground service tanks, waste storage areas, wastewater treatment ponds, and bunded areas. identification of any land or groundwater monitoring locations and/or impacts. This must be supported by a site layout plan showing and labelling these listed structures. It should match your licence activity site plan or part thereof.
(b) Planned life of the site	Identify where your licenced operations are within the site’s life cycle. For example:  Is the site being established from a greenfield site?  Is it a redeveloped brownfield site? If so, what activities were previously conducted at the site and when?    Are there any baseline assessments on the condition of the soil, surface water and groundwater?  Is it an ongoing use of the site? Identify when the operations began.  Are there plans for modification of the operations? Any planned modifications must take into account the potential implications on the eventual decommissioning of that plant.  Is there a planned end-of-life for your site operations?  What due diligence processes are in place if divesting* part or all of the site?  *Divesting of land includes sale (if owner), lease (if owner) or use for a different purpose not subject to an operating licence. Any change in boundary/extent of your activity site defined by your operating licence triggers the requirement of condition OL_G7(c) if there is a section or area that is divested from the pre-existing extent of the activity site.
(c) Consequences of your activities	Your site decommissioning plan must consider:  How you will comply with the GED, waste duties, and contaminated land duties  The site risk management and monitoring program (RMMP) – OL_G5.  How will you identify any risks to human health and the environment posed by your activities? These risks may arise from both historical and future site use. See Assessing and controlling risk: A guide for business (Publication 1695).  How will you manage the identified risks?  How will you monitor the condition of the site to check that your risk minimisation controls are effective?  How will you review and audit your monitoring results and revise your risk minimisation controls to address any shortfalls?  This information is required to be detailed in your risk management and monitoring program. For more information, visit Implementing the general environmental duty: A guide for licence holders.
(d) Expectations	Explain how you plan to leave the site once you no longer occupy it, or the post-decommissioning land use. You should list:  what environmental values of the environment are to be protected, for example, uses, attributes or functions. Please see Environment Protection Act 2017 and Environment Reference Standard. a preliminary schedule of which site structures are to be retained and which areas of the site are to be cleared (if known)  how you will clean up the site to ensure suitability for future intended use (if known) or ensure the risk to human health and the environment is reduced so far as reasonably practicable. For more information visit:  Reasonably practicable (Publication 1856)  Contaminated land policy (Publication 1915) Contaminated land: understanding section 35 of the Environment Protection Act 2017 (Publication 1940) a consideration of EPA requirements (e.g., permission conditions).
(e) Site closure (partial or complete)	The nature and extent of your operations will inform the level of detail for your final decommissioning plan. Your final decommissioning plan must include or address:  management systems  decommissioning schedule of activities and timelines  roles and responsibilities  decommissioning strategy (as explained further down)  Timeline for applications for amendment or surrender of permission due to changes in activities.  stakeholder management plans (this should include information on the engagement that has been undertaken with stakeholders relevant to decommissioning and rehabilitation, a record of the engagement undertaken to date and include a strategy for ongoing engagement)   contractor management  hazards and their control  measures to comply with applicable duties, including the general environmental duty (GED), waste duties, duty to notify of contaminated land; and duty to manage contaminated land  selection and justification of preferred decommissioning strategy  environmental protection  emergency and contingency planning  occupational health and safety and environmental protection requirements  progressive site closure management, for example, aftercare and complete closure.  financial provisioning for closure (this should include the details of closure costing methodology, including clearly documented assumptions and uncertainties).  document change control table containing the following:  a. A revision summary table that clearly outlines all changes made in the reviewed decommissioning plan.  b. A table documenting how the knowledge gaps identified in the prior revision of the decommissioning plan have been addressed, as well as any new gaps identified.  Additionally, where relevant, your final decommissioning plan must include: timetable for completion of a detailed site investigation waste treatment technologies waste disposal methods and administrative requirements validation monitoring and decommissioning release criteria
(f) Decommissioning strategy	Your decommissioning strategy must involve, where relevant:  applicable Acts, Regulations and standards  progressive assessment and investigation to inform strategy development.   recovery and disposal of unwanted stored or stockpiled materials (for example, waste and/or product)  extraction (and on-site treatment if necessary) of waste, applying the waste hierarchy  transport and disposal of wastes to a lawful place  removal and disposal of unwanted equipment  decontamination, dismantling or demolition, removal and disposal of buildings and structures  removal and disposal of in-ground equipment and services  remediation of contaminated land and waters  management of environmental aspects such as air emissions, dust, noise, vibration, visual amenity, odours  land reclamation and stabilisation measures  clean-up plans and environmental audit requirements  verification of completed remediation.

Decommissioning plan requirements for new development licence or exemption applications

EPA may require you to submit an initial decommissioning plan as part of a development licence application or development licence exemption application. You can provide an updated decommissioning plan if you are proposing changes to existing licensed activities.

For more information visit, Development licence application guidance (Publication 2011).

Submit your detailed decommissioning plan for review

You must submit your final decommissioning plan for review to contact@epa.vic.gov.au marked attention to your regional office. For more details on EPA offices and regions visit, Contact us.

Resources

Here is a list of information related to decommissioning for further support.

Resource type	Title	Link
Web page	Understand your contaminated land duties	https://www.epa.vic.gov.au/for-business/new-laws-and-your-business/manage-contaminated-land/about-contamination/understanding-your-contaminated-land-duties
Guideline	Reasonably Practicable (Publication 1856)	https://www.epa.vic.gov.au/about-epa/publications/1856
Webpage	Development licences	https://www.epa.vic.gov.au/for-business/new-laws-and-your-business/permissions/licences/development-licences
Act	Environment Protection Act 2017	https://www.legislation.vic.gov.au/
Web page	Managing waste soil	https://www.epa.vic.gov.au/for-business/waste/waste-classification/managing-waste-soil
Web page	How to manage and store combustible recyclable and waste materials	https://www.epa.vic.gov.au/for-business/find-a-topic/manage-industrial-waste/crwm
Publication	Development licence application guidance (Publication 2011)	https://www.epa.vic.gov.au/about-epa/publications/2011
Publication	Permissions proposal pathway guideline (Publication 1995)	https://www.epa.vic.gov.au/about-epa/publications/1995
Publication	Permission pathway form (Publication f1021)	https://www.epa.vic.gov.au/about-epa/publications/f1021
Web page	How to surrender your licence or permit	https://www.epa.vic.gov.au/for-business/permissions/licences/how-to-surrender-your-licence-or-permit
Publication	Assessing and controlling risk: A guide for business (Publication 1695)	https://www.epa.vic.gov.au/about-epa/publications/1695-1
Publication	Contaminated land policy (Publication 1915)	https://www.epa.vic.gov.au/about-epa/publications/1915
Publication	Contaminated land: understanding section 35 of the Environment Protection Act 2017 (Publication 1940)	https://www.epa.vic.gov.au/about-epa/publications/1940
Publication	Potentially contaminated land – A guide for business (Publication 2010)	https://www.epa.vic.gov.au/about-epa/publications/2010
Publication	Guidance for operating licences (Publication 1850)	https://www.epa.vic.gov.au/about-epa/publications/1850-1
Publication	Implementing the general environmental duty: A guide for licence holders (Publication 1851)	https://www.epa.vic.gov.au/for-business/find-a-topic/environment-protection-laws-and-regulations/implementing-the-general-environmental-duty---a-guide-for-licence-holders
Publication	‘Financial assurance for permissions and contaminated land management’ (Publication 2002)	https://www.epa.vic.gov.au/about-epa/publications/2002
Publication	‘Calculation of financial assurance for landfills, reportable priority waste management and waste and resource recovery facilities’ (Publication 2003)	https://www.epa.vic.gov.au/about-epa/publications/2003-1