Independent Landfill Expert
Advisory Panel for EPA
Terms of Reference
Environment Protection Authority Victoria
Introduction
The Victorian Auditor General Office, as part of a series of
audits investigating the regulation and management of waste
in Victoria, conducted an audit of managing and regulating
landfills in Victoria (Managing Landfills 2014). The audit
found that Environment Protection Authority Victoria’s
(EPA’s) risk based approach as a regulator has resulted in
significant improvements in the regulation and oversight of
landfill performance. However, the audit also made
recommendations to address some shortfalls in the
implementation of its approach in the regulatory framework.
One of the recommendations was to establish a panel of
Landfill experts to provide peer review advice on complex
landfill proposals to improve the efficiency and certainty
associated with the approval process.

Any other activity associated with a landfill
operation or at a landfill site that is considered
significant and or complex.
Victoria’s regulatory framework for
landfills
EPA’s regulatory framework includes compliance with
one or more of the following regulatory requirements:

Environment Protection Act 1970;

Environment Protection (Schedules Premises
and Exemption) Regulation 2007;

Environment Protection (Industrial Waste
Resource) Regulation 2009;
The establishment of the Independent Landfill Expert
Advisory Panel for EPA (The Panel) is to address the
implementation of this recommendation.

Waste Management Policy (Siting, Design and
Management of Landfills)
Role

Best Practice Environmental Management
Guideline (Siting, Design, Operation and
Rehabilitation of Landfills) (EPA Publication
788.2) (BPEM)

Landfill Licensing Guideline (EPA
Publication1323.2)

Best Practice Guidelines for landfills accepting
category C prescribed industrial waste (EPA
Publication 1208)
The role of The Panel is to provide expert peer review advice
to EPA to assist it in making decisions on complex landfill
applications.
The objectives of Panel advice is to:

Provide assurance that EPA’s application
assessments, recommendations and actions are in
line with EPA Victoria’s regulatory framework for
landfills; and

Improve the efficiency and certainty associated with
the approval process

Closed Landfill Guideline (EPA Publication
1490)
“Complex landfill applications” may be triggered when a
proponents application contains Best Practice Environmental
Management (BPEM) deviations and may consist of one or
more of the following;

State Environment Protection Policy
(Groundwaters of Victoria)

State Environment Protection Policy (Waters
of Victoria)

State Environment Protection Policy
(Prevention and Management of contamination
of land)

Any other legislation, policy or guideline that is
considered relevant by the EPA.

Application for a Works Approval to establish a new
landfill;

Application for a Works Approval to extend or
change the existing landfill operation;

Application for a licence to operate a landfill;

Application to amend the licence for the operation of
a landfill;

Application for approval of designs documents
(plans, technical specifications and a construction
quality assurance plan) for a new landfill cell or a
change of an existing landfill cell; or

Technical advice to inform significant compliance or
enforcement matters;
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Independent Landfill Expert Advisory Panel for EPA - Terms of Reference
construction and operation of landfills (i.e. design,
construction quality assurance, specifications, etc.);
Authority
The Panel’s role is limited to providing expert advice on the
matters referred to The Panel and it does not have decision
making power under the Environment Protection Act 1970.

Understanding and experience of Best practice
standards/requirements for landfills in Australia
(outside of Victoria) and overseas
Accountability

The Panel will report to the Chief Executive Officer (CEO) of
the EPA, a member of the Executive Team or any other staff
delegated by the CEO of EPA.
Expert knowledge and experience of Geosynthetics
(specifications, testing requirements, construction
quality assurance etc.)

Knowledge and understanding of Hydrogeology
Structure and Composition

Knowledge
and
understanding
of
Landfill
operational
requirements,
limitations
and
commercial/business requirements for landfill
operation
Membership requirements

Knowledge and understanding of community
expectations in relation to landfill operation
Panel members must:

Knowledge and understanding of the potential risks
from landfills;
The Panel shall consist of a Chair and a minimum of two
Panel members.

not be an employee or agent of EPA

not, within the last three years, have been
employed as a senior officer of EPA

Knowledge and experience of risk assessment and
management in relation to landfills

not be a member of the immediate family of a
person who, within the last three years, has been
employed as a senior officer of EPA

Experience in providing advice to regulatory bodies;

Extensive networks across science, technology
and/or engineering disciplines;

not be a principal of, consultant to, or otherwise
engaged by, a professional advisor to EPA where
significant services are currently or have, within the
last three years, been provided to EPA
Members of The Panel are selected on the basis of their
knowledge, experience and competencies in the above
areas.

not be a significant supplier to EPA

Once The panel is selected, EPA will nominate a
Chairperson for The Panel.
not be an officer of, or otherwise associated directly
or indirectly with a significant supplier of EPA
Appointment

have no significant contractual relationship with
EPA other than as a member of The Panel

be free from any interest and any business or other
relationship that could, or reasonably could be
perceived to, materially interfere with the ability to
act in the best interests of EPA

be able to offer EPA a dedicated time and effort
where necessary
Membership competency
Panel members’ qualifications and experience will consists of
a cross-section of technical, scientific, research, industry,
regulatory, planning, social and economic considerations in
relation to landfills. Panel member suitability is to reflect
stakeholder interests, and have a balance of the necessary
knowledge, skills and competencies in one or more of the
following areas:


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Ability to work across a range of scientific and
engineering disciplines;
Knowledge
and
understanding
of
waste
management and the Victorian Waste Management
Strategy

Knowledge and Understanding
requirements for landfills in Victoria

Scientific and/or engineering qualifications and
appropriate expertise in relation to design,
of
legislative
The EPA CEO shall appoint, replace or remove members to
and from the Panel and review the composition of the Panel
at least every two years.



Panel members shall be appointed for an initial term
of 2 years.
Memberships can be terminated at any time in
accordance with the conditions in individual letters
of appointment or contract.
Members may be eligible for extension or reappointment by the CEO after a review of their
performance.
Panel assessment sittings
Assessment sittings may be held via a meeting at EPA’s
offices, via teleconference, or via email exchange on an “as
needs” basis.
Members are generally expected to participate in a minimum
of 80 percent of assessment sittings.
EPA, in consultation with The Panel Chair, will set The
Panel’s assessment sitting agenda depending on the landfill
application.
EPA will provide a secretariat function for The Panel.
Appendix A – Committee responsibilities
Process for the Panel involvement
Conflict of interest
The summary process for The Panel involvement is provided
below:
Panel members must annually submit a Declaration of
Private Interests to EPA in accordance with EPA’s Conflict of
Interest Policy.

Once a landfill proposal is received, EPA (after a
preliminary assessment) will make a determination
as to whether the proposal is complex in nature.
The complex landfill proposal may mean any (or
more) of the following;
o
The proposal is not likely to comply with
Victorian Government’s waste
management policy or any other State
Environment Protection Policy;
o
The proposal does not meet any of EPA’s
policy or guideline requirements;
o
The proposal will involve alternative
measures (or variations) to the suggested
measures in the BPEM;
o
The proposal has attracted (or is likely to
attract) significant community concern;
o
The proposal is (or is likely to be) of state
significance for its management of waste;
o
Due to any other reason that EPA
considers the proposal to be in complex
nature.

EPA will then convene The Panel and provide a
copy of the proposal, any supporting documents
received from the proponent, and EPAs preliminary
assessment for its review;

The Panel will review the proposal (noting most
applications will have an associated statutory
timeframe);

Depending on The Panel request, the applicant may
be required to explain the proposal and/or to clarify
any matter that is relevant to the proposal;

The Panel, if necessary, may need further technical
expertise from outside of The Panel.

The Panel will submit a report with
recommendation/s to EPA.
In addition, any potential, perceived or actual conflict of
interest, relating to specific landfill applications/projects or
companies, must be declared prior to commencing any
review work.
Members of The Panel will not participate in discussions in
which there is an actual or reasonably perceived conflict of
interest.
If any potential, perceived or actual conflict of interest issue
arises, EPA will have the final decision in terms of the
membership of The Panel for any advisory work under this
Panel.
Privacy and confidentiality
In accordance with relevant legislation, appropriate security
and confidentiality of all Panel documents shall be observed
by Panel members, particularly in relation to personal
information, trade secrets and commercially sensitive
information.
Conduct
Members are expected to contribute to The Panel in a
constructive manner and show respect to other members of
The Panel.
The Panel will conduct its meetings in accordance with all
relevant obligations and with good public sector governance
practice, including:

The establishing Act, being the Environment
Protection Act 1970 (‘EP Act’)

The Public Sector Values in section 7 of the Public
Administration Act 2004 (‘PAA’)

All other laws and obligations that bind the EPA.
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