{"id":"circular-economy-waste-reduction-and-recycling-act-2021","name":"Circular Economy (Waste Reduction and Recycling) Act 2021","slug":"circular-economy-waste-reduction-and-recycling-act-2021","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177900,"registerId":"vic-circular-economy-waste-reduction-and-recycling-act-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 5","sectionType":"division","heading":"Amendment, suspension, revocation and transfer of waste to energy licences 116","content":"Division 5—Amendment, suspension, revocation and transfer of waste to energy licences 116\n\n74ZB Amendment of waste to energy licences 116\n\n74ZC Head, Recycling Victoria may decrease allocated cap amount 119\n\n74ZD Suspension of waste to energy licences 120\n\n74ZE Immediate suspension 122\n\n74ZF Revocation of waste to energy licences 124\n\n74ZG Immediate revocation 127\n\n74ZH Disqualification of person from applying for waste to energy licences 128\n\n74ZI Transfer of waste to energy licences 130\n\n","sortOrder":0},{"sectionNumber":"Div 6","sectionType":"division","heading":"Miscellaneous 131","content":"Division 6—Miscellaneous 131\n\n74ZJ Fit and proper persons 131\n\n74ZK Extension of submission period 133\n\n74ZL Guidelines in relation to the waste to energy scheme 133\n\n74ZM Transitional provisions—existing operators 134\n\nPart 6—Container deposit scheme 135\n\nDivision 1—Preliminary 135\n\n75 Definitions 135\n\nDivision 2—Administration of container deposit scheme 136\n\n76 Functions of the Head, Recycling Victoria—container deposit scheme 136\n\n77 Powers of the Head, Recycling Victoria 137\n\n78 Delegation 137\n\nDivision 3—Scheme Coordinator 137\n\n79 Functions of Scheme Coordinator 137\n\n80 Scheme Coordinator agreement 138\n\n81 Content of Scheme Coordinator agreement 139\n\n82 Appointment of Scheme Coordinator 143\n\n83 Ministerial directions to Scheme Coordinator 145\n\n84 Head, Recycling Victoria may give directions to Scheme Coordinator 145\n\n85 Directions to Scheme Coordinator must be published 145\n\n86 Scheme Coordinator must comply with direction 146\n\n87 Annual assessment report 146\n\nDivision 4—Network operators 147\n\n88 Functions of network operators 147\n\n89 Network operator agreements 147\n\n90 Content of network operator agreements 148\n\n91 Appointment of network operators 150\n\n92 Ministerial directions to network operators 152\n\n93 Head, Recycling Victoria may give directions to network operators 153\n\n94 Directions to network operators must be published 153\n\n95 Network operator must comply with direction 154\n\n96 Network arrangement payments 154\n\n97 Payments to collection point operators 154\n\nDivision 5—First suppliers 155\n\n98 Determination of first supplier 155\n\nDivision 6—Approval of suitable eligible containers 156\n\n99 Application for approval as suitable eligible container 156\n\nDivision 7—Disposal of suitable eligible containers 157\n\n100 Offence to dispose of suitable eligible containers at landfill site 157\n\n101 Landfill disposal exemptions 158\n\n102 Person must notify the Head, Recycling Victoria if unable to comply with exemption 159\n\nDivision 8—Container deposit scheme protocols 160\n\n103 Material recovery facilities protocol 160\n\n104 Local government refund sharing protocol 161\n\nDivision 9—Refund markings 162\n\n105 Offence not to have refund markings on suitable eligible containers 162\n\nDivision 10—Enforcement and offences 162\n\n106 Offence to refuse delivery of or refund for container 162\n\n107 Delivery to an automated collection point 164\n\n108 Refund declarations and proof of identity 164\n\n109 Offence to claim refund for containers not subject to container deposit scheme 165\n\n110 Offence to supply beverage without supply arrangement with Scheme Coordinator and container approval 167\n\n111 Enforcement of Scheme Coordinator agreements and network operator agreements 168\n\nDivision 11—Miscellaneous 168\n\n112 Guidelines 168\n\n113 Competition and Consumer Act and Competition Code 169\n\nPart 7—Enforcement 170\n\nDivision 1—General offences 170\n\n114 Offence to fail to keep records and information 170\n\n115 Offence to give false or misleading information 170\n\n116 Offence to conceal information 171\n\nDivision 2—Information gathering notices 172\n\n117 Head, Recycling Victoria may serve information gathering notice 172\n\n118 Form of information gathering notice 173\n\n119 Extension of time under information gathering notice 173\n\n120 Court orders 173\n\nDivision 3—Show cause notices 174\n\n121 Show cause notices 174\n\n122 Representations about show cause notice 175\n\n123 Ending show cause process without further action 175\n\n124 Further action after show cause process 175\n\nDivision 4—Improvement notices 176\n\n125 Improvement notice 176\n\n126 Offence to fail to comply with improvement notice 177\n\nDivision 5—Prohibition notices 178\n\n127 Prohibition notice 178\n\n128 Offence to fail to comply with prohibition notice 179\n\nDivision 6—Court orders 180\n\n129 Court orders 180\n\nDivision 7—Enforceable undertakings 181\n\n130 Head, Recycling Victoria may accept enforceable undertaking 181\n\n131 Enforcement 181\n\n132 No criminal proceedings while enforceable undertaking in effect 182\n\n133 Proceedings following withdrawal of enforceable undertaking 183\n\n134 No further proceedings if enforceable undertaking is complied with 183\n\n135 Contempt of court 183\n\nDivision 8—Adverse publicity orders 184\n\n136 Adverse publicity order 184\n\nDivision 9—Civil penalties 185\n\n137 Civil penalties 185\n\n138 Civil penalty order 185\n\n139 Proceeding for civil penalty order after criminal proceeding 190\n\n140 Criminal proceeding during proceeding for civil penalty order 190\n\n141 Criminal proceeding after proceeding for civil penalty order 191\n\n142 Evidence admitted during proceeding for civil penalty order 191\n\n143 Conduct contravening more than one civil penalty provision 191\n\n144 Multiple contraventions of civil penalty provisions 192\n\n145 Multiple proceedings for civil penalty order to be heard together 192\n\n146 Jurisdictional limit of Magistrates' Court does not apply to civil penalty order 192\n\n147 Recovery of pecuniary penalty 192\n\nDivision 9A—Monetary benefit orders 193\n\n147A Monetary benefit order 193\n\n147B Head, Recycling Victoria may issue protocol for determining monetary benefit 194\n\nDivision 10—Infringement notices 195\n\n148 Power to issue infringement notice 195\n\nDivision 11—Authorised officers 195\n\n149 Appointment by Head, Recycling Victoria of authorised officers 195\n\n150 Identification of authorised officers 196\n\n151 Directions in respect of authorised officers 197\n\n152 Authorised officer may request name and address 197\n\n153 Authorised officer may give directions 198\n\n154 Other authorised officers may assist 198\n\n155 Offence to obstruct authorised officer 199\n\n156 Offence to assault or threaten authorised officer 199\n\n157 Offence to impersonate 200\n\nDivision 12—Powers of entry and inspection 200\n\n158 Authorised officer may enter and inspect any place or premises 200\n\n159 Announcement on entry 201\n\n160 Persons assisting authorised officer 202\n\n161 Powers on entry 202\n\n162 Authorised officer may require production of documents 204\n\n163 Authorised officer may require information or answers 205\n\n164 Report to be given about entry and inspection of place or premises 205\n\nDivision 13—Search warrants 206\n\n165 Authorised officer may apply for search warrant 206\n\n166 Issue of warrant 206\n\n167 What may a search warrant authorise? 207\n\n168 Announcement before entry with warrant 208\n\n169 Copy of warrant to be given to occupier 208\n\nDivision 14—Return and forfeiture of seized things 209\n\n170 Return of seized things 209\n\n171 Forfeiture of seized things 210\n\nDivision 15—Audits 210\n\n172 Appointment of auditors 210\n\n173 Functions of an auditor 211\n\nDivision 16—Miscellaneous 211\n\n174 Persons who may prosecute 211\n\n175 Written statement of authorised officers to be evidence 212\n\n176 Conduct of employee, agent or officer taken to be conduct of body corporate 212\n\n177 Criminal liability of officers of bodies corporate—accessorial liability 212\n\nPart 8—General 216\n\nDivision 1—VCAT review 216\n\n178 Which decisions are reviewable 216\n\n179 Reviews by VCAT 220\n\nDivision 2—Supplementary provisions 221\n\n180 Power of Minister to delegate 221\n\n181 Minister may issue guidelines 222\n\n182 Review of operation of Act 223\n\n183 Regulations 223\n\nPart 9—Savings and Transitional Provisions 226\n\nDivision 1—General 226\n\n184 Definitions 226\n\n185 Application of Interpretation of Legislation Act 1984 227\n\n186 Abolition of WRR Groups 227\n\n187 Transfer of executive officers and Chief Executive Officer of WRR Group 228\n\n188 Transfer of WRR Group staff 229\n\n189 Superseded references 230\n\n190 Declared regions 230\n\n191A Transitional provisions—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023 231\n\nDivision 2—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023 231\n\n191B Validation of Scheme Coordinator agreement 231\n\n191C Validation of network operator agreements 232\n\nSchedule 1—Subject matter for Regulations 235\n\n═════════════\n\nEndnotes 246\n\n1 General information 246\n\n2 Table of Amendments 248\n\n3 Explanatory details 250\n\n**Version No.** **013**\n\n**Circular Economy (Waste Reduction and Recycling) Act 2021**\n\n**No. 55 of 2021**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\nDivision 1—Purposes and commencement\n\n\t1 Purposes\n\nThe purposes of this Act are—\n\n(a) to introduce a circular economy in Victoria that maximises the continued use of products and waste material over their life cycle and accounts for their environmental impacts; and\n\n(b) to provide for the Head, Recycling Victoria; and\n\nS. 1(ba) inserted by No. 36/2022 s. 3(a).\n\n(ba) to provide for a Victorian Recycling Infrastructure Plan; and\n\nS. 1(c) amended by No. 9/2022 s. 23(a).\n\n(c) to require councils and Alpine Resorts Victoria to provide municipal residual waste and municipal recycling services; and\n\nS. 1(d) amended by No. 9/2022 s. 23(b).\n\n(d) to support best practice procurement and contract management of waste and recycling services by councils and Alpine Resorts Victoria, and facilitate strategic procurement for councils and Alpine Resorts Victoria; and\n\n(e) to provide for service standards; and\n\nS. 1(ea) inserted by No. 36/2022 s. 3(b).\n\n(ea) to provide for a waste to energy scheme; and\n\n(f) to establish a container deposit scheme; and\n\n(g) to provide for data collection and reporting; and\n\n(h) to provide for a system of criminal and civil penalties and other enforcement measures; and\n\n(i) to make related and consequential amendments to other Acts.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 December 2023, it comes into operation on that day.\n\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Interpretation","content":"Division 2—Interpretation\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\n***adverse publicity order*** means an order made under section 136;\n\n***advisory committee*** means a committee established under section 37;\n\nS. 3(1) def. of *Alpine Resort Management Board* repealed by No. 9/2022 s. 24(1)(a).\n\nS. 3(1) def. of *Alpine Resorts Victoria* inserted by No. 9/2022 s. 24(1)(b).\n\n***Alpine Resorts Victoria*** has the same meaning as in the **Alpine Resorts (Management) Act 1997**;\n\n***auditor*** means a person appointed as an auditor under section 172;\n\nS. 3(1) def. of *Auditor-General* inserted by No. 36/2022 s. 4(1).\n\n***Auditor-General*** has the same meaning as in the **Audit Act 1994**;\n\n***authorised officer*** means a person appointed as an authorised officer under section 149;\n\n***beverage*** means a liquid intended for human consumption other than a medicine or a liquid prescribed to be exempt;\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act;\n\n***centralised data and information system*** means the system established by the Head, Recycling Victoria under section 51;\n\nS. 3(1) def. of *CERCC Plan* inserted by No. 36/2022 s. 4(1).\n\n***CERCC Plan*** means a Circular Economy Risk, Consequence and Contingency Plan approved by the Minister under section 74B;\n\nS. 3(1) def. of *circular economy market* inserted by No. 36/2022 s. 4(1).\n\n***circular economy market*** means the market for waste, recycling or resource recovery services within the circular economy;\n\n***civil penalty order*** means an order made under section 138;\n\n***civil penalty provision*** means a provision of this Act that is specified by this Act as a civil penalty provision;\n\n***commercially-sensitive information*** means information that relates to matters of a business, commercial or financial nature, the disclosure of which would be likely to unreasonably expose a person to disadvantage;\n\n***container approval*** means an approval granted under section 99;\n\n***container deposit scheme*** means the container deposit scheme established by Part 6;\n\n***council*** has the same meaning as Council has in section 3(1) of the **Local Government Act 2020**;\n\n***declared region*** means a region declared by the Head, Recycling Victoria under Division 4 of Part 2;  \n\n***de-identified information***, in relation to personal, commercially-sensitive or confidential information, means personal information that no longer relates to an identifiable individual or an individual who can be reasonably identified;\n\nS. 3(1) def. of *Department* amended by No. 41/2025 s. 4(Sch. 2 item 4).\n\n***Department*** means the Department of Energy, Environment and Climate Action;\n\nS. 3(1) def. of *diverted material* repealed by No. 36/2022 s. 4(3)(a).\n\n***eligible container*** means a container designed to contain a beverage that is produced for the sale of the beverage to a consumer while the container is sealed, other than a container that is prescribed not to be an eligible container;\n\n***enforceable undertaking*** means an undertaking accepted by the Head, Recycling Victoria under section 130;\n\n***environment*** means—\n\n(a) the physical factors of the surroundings of human beings including the land, waters, atmosphere, climate, sound, odours and tastes; and\n\n(b) the biological factors of animals and plants; and\n\n(c) the social factors of aesthetics;\n\n***Environment Protection Authority*** has the same meaning as Authority has in section 3(1) of the **Environment Protection Act 2017**;\n\n***essential waste, recycling or resource recovery service*** means a waste, recycling or resource recovery service that is prescribed as an essential waste, recycling or resource recovery service;\n\n***financial year*** has the same meaning as in the **Financial Management Act 1994**;\n\nS. 3(1) def. of *first supplier* amended by No. 35/2023 s. 4(1).\n\n***first supplier***, in relation to an eligible container, means a person determined under section 98 to be a first supplier of any beverage in the eligible container in Victoria;\n\nS. 3(1) def. of *government agency* amended by No. 9/2022 s. 24(2)(a).\n\n***government agency*** means—\n\n(a) the Environment Protection Authority; or\n\n(b) Sustainability Victoria; or\n\n(c) a council; or\n\n(d) the Municipal Association of Victoria within the meaning of the **Municipal Association Act 1907**; or\n\n(e) Alpine Resorts Victoria; or\n\n(f) a public sector body prescribed to be a government agency; or\n\n(g) a public sector body of another State, a Territory or the Commonwealth prescribed to be a government agency;\n\n***Head, Recycling Victoria*** means the person employed as the Head, Recycling Victoria under section 15;\n\n***human health*** includes psychological health;\n\n***IBAC*** has the same meaning as in the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n***improvement notice*** means a notice issued under section 125;\n\n***industrial waste*** means—\n\n(a) waste arising from commercial, industrial or trade activities or from laboratories; or\n\n(b) waste prescribed to be industrial waste;\n\n***information gathering notice*** means a notice served under section 117;\n\nS. 3(1) def. of *market strategy* inserted by No. 36/2022 s. 4(1).\n\n***market strategy*** means a market strategy approved under section 32A;\n\nS. 3(1) def. of *material recovery facility* amended by Nos 36/2022 s. 4(2)(a), 35/2023 s. 4(2).\n\n***material recovery facility*** means—\n\n(a) a mixed-stream material recovery facility that sorts—\n\n(i) mixed recycling from municipal recycling material into separate paper, plastic, metal and glass streams or other prescribed material; or\n\n(ii) industrial waste; or\n\n(b) a single-stream material recovery facility that—\n\n(i) sorts material that has been sorted at a mixed-stream material recovery facility; or\n\n(ii) takes single streams of waste and separates the component grades of the material; or\n\n(c) a facility prescribed to be a material recovery facility;\n\nS. 3(1) def. of *monetary benefit* inserted by No. 36/2022 s. 4(1).\n\n***monetary benefit*** means monetary, financial or economic benefit and includes any monetary, financial or economic benefit the person acquires or accrues by avoiding or delaying the person's compliance with a provision, condition or duty to which the person's offence or breach relates;\n\nS. 3(1) def. of *monetary benefit order* inserted by No. 36/2022 s. 4(1).\n\n***monetary benefit order*** means an order made under section 147A;\n\nS. 3(1) def. of *municipal food organics and garden organics service* amended by Nos 9/2022 s. 24(2)(b), 36/2022 s. 4(2)(b).\n\n***municipal food organics and garden organics service*** means a service provided by or on behalf of a council or Alpine Resorts Victoria—\n\n(a) that collects, manages, transports, and processes food organics and garden organics; or\n\n(b) that is prescribed to be a municipal food organics and garden organics service—\n\nbut does not include any service prescribed not to be a municipal food organics and garden organics service;\n\n***municipal district*** has the same meaning as in the **Local Government Act 2020**;\n\n***municipal recycling material*** means the following arising from municipal or residential activities—\n\n(a) recycling (other than glass);\n\n(b) glass;\n\nS. 3(1) def. of *municipal recycling service* amended by Nos 9/2022 s. 24(2)(c), 36/2022 s. 4(2)(c).\n\n***municipal recycling service*** means a service provided by or on behalf of a council or Alpine Resorts Victoria—\n\n(a) that collects, manages, transports, and processes or sorts, municipal recycling material; or\n\n(b) that is prescribed to be a municipal recycling service—\n\nbut does not include any service prescribed not to be a municipal recycling service;\n\nS. 3(1) def. of *municipal residual waste service* amended by No. 9/2022 s. 24(2)(d).\n\n***municipal residual waste service*** means a service provided by or on behalf of a council or Alpine Resorts Victoria—\n\n(a) that collects, manages, transports, and disposes or processes, municipal residual waste; or\n\n(b) that is prescribed to be a municipal residual waste service—\n\nbut does not include any service prescribed not to be a municipal residual waste service;\n\n***municipal residual waste*** means residual waste arising from municipal or residential activities;\n\n***network operator*** means a person appointed as a network operator under section 91;\n\n***network operator*** ***agreement*** means an agreement entered into by a network operator and the Minister under section 89;\n\n***occasional reporting entity*** means a prescribed entity—\n\n(a) required to collect and retain prescribed information in accordance with section 40; and\n\n(b) that may be directed to give information in accordance with section 41;\n\n***officer***, in relation to a body corporate, means—\n\n(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or\n\n(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate;\n\nS. 3(1) def. of *Ombudsman* inserted by No. 36/2022 s. 4(1).\n\n***Ombudsman*** means the person appointed as the Ombudsman under section 3 of the **Ombudsman Act 1973**;\n\n***personal information*** has the same meaning as in the **Privacy and Data Protection Act 2014**;\n\n***place*** includes land, waters, a location, an area or a region;\n\n***premises*** includes a structure, building or vehicle;\n\n***prohibition notice*** means a notice issued under section 127;\n\n***public sector body*** has the same meaning as in the **Public Administration Act 2004**;\n\nS. 3(1) def. of *recycling* substituted by No. 36/2022 s. 4(2)(d).\n\n***recycling*** includes—\n\n(a) recycling or reprocessing waste resources to make the same or different products; and\n\n(b) recycling or reprocessing food organics and garden organics;\n\nS. 3(1) def. of *refund amount* amended by No. 35/2023 s. 4(3).\n\n***refund amount***, in relation to a suitable eligible container or to a material recovery facility operator, means—\n\n(a) the amount prescribed to be the refund amount in relation to that suitable eligible container or material recovery facility operator; or\n\n(b) if no amount is prescribed in relation to a suitable eligible container or to a material recovery facility operator, the amount determined in accordance with any material recovery facilities protocol issued under section 103 that applies to that suitable eligible container or material recovery facility operator;\n\n***refund marking***, in relation to a suitable eligible container, means a prescribed marking or label;\n\nS. 3(1) def. of *regular reporting entity* amended by No. 9/2022 s. 24(2)(e).\n\n***regular reporting entity*** means an entity that is required to regularly provide information to the Head, Recycling Victoria in accordance with sections 38 and 39 and includes—\n\n(a) a council; and\n\n(b) Alpine Resorts Victoria; and\n\n(c) a waste storage facility; and\n\n(d) a material recovery facility; and\n\n(e) any class of person or entity prescribed to be a regular reporting entity;\n\n***reporting entity*** means any of the following—\n\n(a) a regular reporting entity;\n\n(b) an occasional reporting entity;\n\nS. 3(1) def. of *RERCC Plan* inserted by No. 36/2022 s. 4(1).\n\n***RERCC Plan*** means a Responsible Entity Risk, Consequence and Contingency Plan prepared by a responsible entity under section 74F;\n\n***resource recovery***, in relation to waste, means—\n\n(a) reprocessing the waste; or\n\n(b) extracting or recovering resources, material or energy from products or from waste or waste material; or\n\n(c) any thing prescribed to be resource recovery in relation to waste—\n\nbut does not include any thing prescribed not to be resource recovery in relation to waste;\n\nS. 3(1) def. of *reuse* substituted by No. 36/2022 s. 4(3)(b).\n\n***reuse***, in relation to waste, means the preparation and use of the waste for a purpose that is the same or similar to the purpose for which it was used before it became waste;\n\n***Scheme Coordinator*** means the person appointed under section 82;\n\n***Scheme Coordinator agreement*** means an agreement entered into by the Scheme Coordinator and the Minister under section 80;\n\nS. 3(1) def. of *Secretary* amended by No. 41/2025 s. 4(Sch. 2 item 4).\n\n***Secretary*** means the Secretary to the Department of Energy, Environment and Climate Action;\n\n***show cause notice*** means a notice issued under section 121;\n\n***service standard*** means a standard approved under section 63 and includes a standard that has been amended under section 67;\n\n***suitable eligible container*** means an eligible container approved to be a suitable eligible container under section 99(3);\n\n***Sustainability Victoria*** has the same meaning as in section 3 of the **Sustainability Victoria Act 2005**;\n\n***traditional owners*** means—\n\n(a) the members of a registered Aboriginal party under the **Aboriginal Heritage Act 2006**; and\n\n(b) the members of a traditional owner group within the meaning of section 3 of the **Traditional Owner Settlement Act 2010**;\n\n***Victoria Police***  has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Victorian Inspectorate* inserted by No. 36/2022 s. 4(1).\n\n***Victorian Inspectorate*** has the same meaning as in the **Victorian Inspectorate Act 2011**;\n\n***Victorian WorkCover Authority***  has the same meaning as Authority has in section 3 of the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\nS. 3(1) def. of *VRIP* inserted by No. 36/2022 s. 4(1).\n\n***VRIP*** means a Victorian Recycling Infrastructure Plan prepared under Part 2A;\n\nS. 3(1) def. of *waste* amended by No. 36/2022 s. 4(3)(c).\n\n***waste*** includes any of the following—\n\n(a) matter, including solid, liquid, gaseous or radioactive matter, that is deposited, discharged, emitted or disposed of into the environment in a manner that alters the environment;\n\n(b) matter that is discarded, rejected, abandoned, unwanted or surplus, irrespective of any potential use or value;\n\n(d) matter prescribed to be waste;\n\n(e) matter referred to in paragraph (a), (b), (c) or (d) that is intended for, or is undergoing, resource recovery—\n\nbut does not include any matter prescribed not to be waste;\n\nS. 3(1) def. of *waste minimisation* amended by No. 36/2022 s. 4(3)(d).\n\n***waste minimisation*** means—\n\n(a) the reduction of waste; or\n\n(b) the reuse, recycling or recovery of waste;\n\n***waste, recycling or resource recovery service***—see section 4;\n\n***waste storage facility*** means a facility, the primary purpose of which is to store waste.\n\n(2) In this Act, a reference to the disposal of waste includes a reference to an activity carried out in connection with the disposal of waste, but does not include resource recovery.\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"What is a *waste, recycling or resource recovery service*?","content":"\t4 What is a *waste, recycling or resource recovery service*?\n\nIn this Act, ***waste, recycling or resource recovery service*** means—\n\n(a) a service that collects, transports, stores, treats, processes, sorts or recycles waste or recycling materials; or\n\n(b) a service that collects, transports, stores, treats, processes or sorts materials for resource recovery; or\n\n(c) a service that disposes of waste; or\n\n(d) a municipal residual waste service; or\n\n(e) a municipal recycling service; or\n\n(f) a service prescribed to be a waste, recycling or resource recovery service.\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Objective","content":"\t5 Objective\n\n(1) The objective of this Act is to promote Victoria's transition to a circular economy.\n\n(2) A circular economy reduces waste, supports recycling and promotes circularity in the use and reuse of products for as long as possible, and supports the transition to a net-zero and resilient Victoria by—\n\n(a) ensuring that products and materials are managed in accordance with the hierarchy set out in section 8(3) including by reducing the consumption of natural resources; and\n\n(b) encouraging the reuse of recyclable material into new products and uses; and\n\n(c) ensuring that waste and recycling services are reliable, transparent and meet community expectations; and\n\n(d) supporting innovation in waste and recycling services, adapting readily to changing market conditions and building resilience; and\n\n(e) encouraging meaningful and transparent engagement with the community and those involved in the provision of waste, recycling or resource recovery services; and\n\n(f) encouraging opportunities for community organisations relating to waste, recycling or resource recovery services; and\n\n(g) creating opportunities for diverse employment and livelihoods in waste, recycling or resource recovery services; and\n\n(h) encouraging economic, environmental and social benefits for the people of Victoria through a circular economy; and\n\n(i) supporting, monitoring and enforcing compliance with this Act; and\n\n(j) facilitating Victoria's contribution to national and international reduction of waste, support for recycling and promotion of the circularity in the use and reuse of products.\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Principles of waste reduction, recycling and resource recovery","content":"\t6 Principles of waste reduction, recycling and resource recovery\n\nIt is the Parliament's intention that in the administration of this Act and the regulations regard should be given to the principles set out in this Division.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Effect of this Division","content":"\t7 Effect of this Division\n\nThe Parliament does not intend by this Division to create in any person a legal right or give rise to any civil cause of action.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Circular economy hierarchy","content":"\t8 Circular economy hierarchy\n\n(1) Products and materials should be designed, produced, marketed and delivered, and any waste should be managed, in accordance with the principles set out in subsections (2) and (3).\n\n(2) A circular economy is prioritised, having regard to the entire life cycle of products and materials, including by—\n\n(a) producing and designing products and materials—\n\n(i) with a reduced reliance on raw or virgin materials; and\n\n(ii) to be reusable, durable, repairable and shareable; and\n\n(iii) to have an extended life cycle; and\n\n(iv) in a manner which eliminates waste or pollution; and\n\n(v) in a manner that reduces the environmental impacts of production and consumption by—\n\n(A) making productive use of natural resources and goods; and\n\n(B) maximising the productive use of re-manufactured, reused, recycled and renewable resources; and\n\n(b) promoting initiatives that support repairing and reusing products and materials so as to create more value in them; and\n\n(c) marketing and delivering products and materials in a manner which avoids unnecessary or excessive purchasing or use of other products; and\n\n(d) fostering action or innovation to manage climate change impacts and reduce greenhouse gas emissions.\n\n(3) Where waste does arise from the production and use of products and materials, it should be managed in the following order of preference—\n\n(a) waste should be avoided;\n\n(b) waste should be minimised;\n\n(c) waste should be reused;\n\n(d) waste should be recycled;\n\n(e) energy and other resources should be recovered from waste;\n\n(f) waste should be treated so as to reduce the potential impacts of degradation;\n\n(g) waste should be disposed of.\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Principle of equity","content":"\t9 Principle of equity\n\n(1) All people are entitled to equitable access to waste, recycling or resource recovery services and the benefits of a circular economy irrespective of their personal attributes, socio-economic status or location.\n\n(2) People should not be disproportionately affected by disruption, or risks of disruption, to waste, recycling or resource recovery services and any associated harm to human health and the environment.\n\n(3) The present generation should ensure that the state of the environment is maintained or enhanced so as to not compromise the ability of future generations to meet their needs.\n\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Principle of shared responsibility","content":"\t10 Principle of shared responsibility\n\nIt is the responsibility of all levels of government and industry, business, communities and the people of Victoria to support a circular economy by—\n\n(a) reducing or avoiding waste by improving product design and use; and\n\n(b) improving the quality and reusability of products; and\n\n(c) managing products and materials and their environmental impacts throughout their life cycle including disposal; and\n\n(d) recognising that persons who generate pollution and waste should bear the cost of containment, avoidance and abatement; and\n\n(e) considering climate change impacts and greenhouse gas emissions in the design, management and disposal of products and materials.\n\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Integrated decision-making","content":"\t11 Integrated decision-making\n\n(1) Actions and decisions related to the circular economy under this Act should be based on the best available evidence that is relevant and reliable in the circumstances.\n\n(2) Actions and decisions related to the circular economy under this Act should be based on an assessment of all the economic, social and environmental costs and benefits, taking into account externalities.\n\n(3) Decisions, policies, programs and processes related to the circular economy should seek to achieve best practice having regard to the decisions, policies, programs and processes of other States, the Territories, the Commonwealth, other countries and international bodies and organisations, related to the circular economy.\n\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Principles of transparency and accountability","content":"\t12 Principles of transparency and accountability\n\n(1) Subject to exceptions provided for by law—\n\n(a) decision-making under this Act and the regulations must be transparent; and\n\n(b) relevant information must be easily accessible and understandable and public education about its availability must be facilitated.\n\n(2) Members of the public should—\n\n(a) have access to reliable and relevant information in appropriate forms to facilitate a good understanding of issues and of how decisions are made under this Act; and\n\n(b) be engaged and given opportunities to participate in decisions made under this Act, where appropriate to do so; and\n\n(c) have their interests taken into account in decisions made under this Act.\n\n(3) Community involvement in decisions, policies, programs and processes relating to the circular economy that may affect current or future generations of the community should be facilitated by—\n\n(a) providing appropriate information to the community; and\n\n(b) providing opportunities for involvement; and\n\n(c) undertaking appropriate and adequate consultation.\n\n(4) Decisions, policies, programs and processes relating to the circular economy should make a positive contribution to the aspirations and needs of the community to which they relate.\n\n(5) The intrinsic connection of traditional owners to Country should be acknowledged through partnership and involvement in policy development, planning, and decision-making for the delivery of Victoria's circular economy.\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Risk management, proportionality and the precautionary principle","content":"\t13 Risk management, proportionality and the precautionary principle\n\n(1) A decision, action or thing directed towards minimising the following should be proportionate to the harm or risk of harm that is being addressed—\n\n(a) harm or a risk of harm to human health or the environment;\n\n(b) failure or disruption or a risk of failure or disruption to waste, recycling or resource recovery services and the stability of the market.\n\n(2) If there are threats of serious or irreversible harm to human health or the environment, lack of full scientific certainty should not be used as a reason for postponing measures to prevent or minimise those threats.\n\n(3) In the application of the precautionary principle set out in subsection (2), public and private decisions should be guided by—\n\n(a) careful evaluation to avoid, wherever practicable, serious or irreversible harm to human health and the environment; and\n\n(b) an assessment of the risk-weighted consequences of various options; and\n\n(c) an evaluation of how the circular economy supports the transition to a net-zero and resilient Victoria.\n\n","sortOrder":14},{"sectionNumber":"Div 3","sectionType":"division","heading":"Application","content":"Division 3—Application\n\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Application to the Crown","content":"\t14 Application to the Crown\n\nThis Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.\n\nPart 2—Head, Recycling Victoria\n\nDivision 1—Administration\n\n\t15 Head, Recycling Victoria\n\nThere is to be a Head, Recycling Victoria, employed under Part 3 of the **Public Administration Act 2004**, to provide leadership, stewardship and oversight of waste, recycling or resource recovery services and to support the development of a circular economy.\n\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Functions of the Head, Recycling Victoria","content":"\t16 Functions of the Head, Recycling Victoria\n\nThe Head, Recycling Victoria has the following functions—\n\n(a) to administer the container deposit scheme created under this Act;\n\nS. 16(ab) inserted by No. 36/2022 s. 5(1).\n\n(ab) to prepare a VRIP;\n\nS. 16(ac) inserted by No. 36/2022 s. 5(1).\n\n(ac) to administer the waste to energy scheme created under this Act;\n\n(b) to provide strategic planning for waste, recycling or resource recovery services, including by developing and implementing strategies and plans that foster sustainable, resilient and effective markets within a circular economy;\n\n(c) to identify, monitor, manage and mitigate risks and harm associated with waste, recycling or resource recovery services;\n\nS. 16(ca) inserted by No. 36/2022 s. 5(2).\n\n(ca) to prepare the CERCC Plan;\n\nS. 16(cb) inserted by No. 36/2022 s. 5(2).\n\n(cb) to monitor and review compliance by responsible entities with the CERCC Plan and RERCC Plans;\n\nS. 16(cc) inserted by No. 36/2022 s. 5(2).\n\n(cc) to monitor and review whether RERCC Plans are suitable to prevent or minimise risks of serious failure, disruption or hinderance to the provision of essential waste, recycling or resource recovery services;\n\nS. 16(cd) inserted by No. 36/2022 s. 5(2).\n\n(cd) to oversee risk, consequence and contingency planning for the circular economy market;\n\n(d) to oversee and build capacity for municipal residual waste, recycling or resource recovery service delivery;\n\nS. 16(e) amended by No. 9/2022 s. 25(a).\n\n(e) to support best practice procurement and contract management by councils, Alpine Resorts Victoria and service providers for waste, recycling or resource recovery services;\n\nS. 16(f) amended by No. 9/2022 s. 25(b).\n\n(f) in conjunction with Sustainability Victoria, to advise councils, Alpine Resorts Victoria and businesses on best practices for waste, recycling or resource recovery services, systems, facilities, infrastructure and technology;\n\n(g) to collect, use, disclose and publish information and data in accordance with this Act;\n\n(h) to conduct inquiries under this Act, including as directed by the Minister;\n\n(i) to determine applications for exemptions from requirements under this Act;\n\n(j) to support, monitor and enforce compliance with requirements under this Act;\n\n(k) any other function conferred on the Head, Recycling Victoria by or under this Act or any other Act.\n\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Powers of the Head, Recycling Victoria","content":"\t17 Powers of the Head, Recycling Victoria\n\nThe Head, Recycling Victoria has all the powers necessary to perform the functions of the Head, Recycling Victoria.\n\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Head, Recycling Victoria subject to general direction of the Minister","content":"\t18 Head, Recycling Victoria subject to general direction of the Minister\n\n(1) The Head, Recycling Victoria, in performing functions and exercising powers as the Head, Recycling Victoria—\n\n(a) is subject to the general direction and control of the Minister; and\n\n(b) must comply with a direction given by the Minister, including a direction to provide information or advice.\n\n(2) Subject to subsection (3), the Minister must cause a direction given to the Head, Recycling Victoria to be published on a website maintained by the Department.\n\n(3) If the Minister considers that publication of a direction or part of a direction is not in the public interest, the direction or part is not required to be published in accordance with subsection (2).\n\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Staff","content":"\t19 Staff\n\nThere may be employed under Part 3 of the **Public Administration Act 2004** any other employees that are necessary for the administration of this Act.\n\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Delegation by the Head, Recycling Victoria","content":"\t20 Delegation by the Head, Recycling Victoria\n\n(1) The Head, Recycling Victoria, by instrument, may delegate to any person or class of person, employed under Part 3 of the **Public Administration Act 2004** in the administration of this Act, any powers or functions of the Head, Recycling Victoria under this Act or the regulations or any other Act or regulations.\n\nSee also section 42A of the **Interpretation of Legislation Act 1984**.\n\n(2) An instrument of delegation under subsection (1)—\n\n(a) is subject to any terms and conditions stated in the instrument; and\n\n(b) may be revoked by the Head, Recycling Victoria at any time.\n\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Strategic plan","content":"\t21 Strategic plan\n\n(1) Every 3 years, the Head, Recycling Victoria must prepare and submit to the Minister for approval a strategic plan for waste, recycling or resource recovery services.\n\n(2) A strategic plan must include the following—\n\n(a) objectives to be achieved during the course of the plan;\n\n(b) a community engagement strategy for the course of the plan, being a strategy consistent with the Charter of Engagement published under section 36;\n\n(c) a regulatory strategy for the course of the plan;\n\n(d) any other matters as directed by the Minister.\n\n(3) A strategic plan may include the following—\n\n(a) the nature and scope of any priorities;\n\n(b) business arrangements for the course of the plan;\n\n(c) how the Head, Recycling Victoria intends to—\n\n(i) identify, monitor, manage and mitigate risks and harm associated with waste, recycling or resource recovery services; and\n\n(ii) support, promote and monitor compliance with, and enforce, requirements under this Act; and\n\n(iii) use a proportionate and graduated approach to address non-compliance with requirements under this Act; and\n\n(iv) allocate resources to perform the functions of the Head, Recycling Victoria; and\n\n(v) use the data collection, reporting and information sharing framework of this Act or any other Act to perform the functions of the Head, Recycling Victoria;\n\n(d) targets and other measures by which the performance of the Head, Recycling Victoria and waste, recycling or resource recovery services may be assessed;\n\n(e) any other matters that the Head, Recycling Victoria considers appropriate.\n\n(4) If the Minister approves a strategic plan, the Head, Recycling Victoria must publish the plan on a website maintained by the Department.\n\n(5) The Head, Recycling Victoria must prepare and submit the first strategic plan under this section within 12 months of the commencement of this Part.\n\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Annual report","content":"\t22 Annual report\n\n(1) Subject to subsection (4), the Head, Recycling Victoria must submit an annual report on the operation of this Act to the Minister on or before 30 September each year.\n\n(2) An annual report under subsection (1) must include the following—\n\n(a) the total number of written directions given by the Minister under this Act;\n\n(b) the total number of written directions given by the Head, Recycling Victoria under this Act;\n\n(c) a description or summary of each written direction;\n\n(d) a copy of each written direction as published in accordance with this Act;\n\nS. 22(2)(e) amended by No. 36/2022 s. 6(a).\n\n  (e) details of the community engagement activities undertaken by the Head, Recycling Victoria in accordance with any existing community engagement strategy;\n\nS. 22(2)(f) inserted by No. 36/2022 s. 6(b).\n\n(f) a description or summary of the key risks, consequences and measures identified in the CERCC Plan;\n\nS. 22(2)(g) inserted by No. 36/2022 s. 6(b).\n\n(g) the total number of responsible entities that are required to prepare a RERCC Plan under section 74F;\n\nS. 22(2)(h) inserted by No. 36/2022 s. 6(b).\n\n(h) the total number of statements of assurance submitted to the Head, Recycling Victoria under section 74G;\n\nS. 22(2)(i) inserted by No. 36/2022 s. 6(b).\n\n(i) the total number of written reports prepared by the Head, Recycling Victoria under section 74I;\n\nS. 22(2)(j) inserted by No. 36/2022 s. 6(b).\n\n(j) a description or summary of each written report prepared under section 74I;\n\nS. 22(2)(k) inserted by No. 36/2022 s. 6(b).\n\n(k) details of any actions that the Head, Recycling Victoria has carried out or proposes to carry out in response to a written report prepared under section 74I.\n\n(3) The Minister must cause a report received under subsection (1) to be laid before each House of the Parliament within 21 sitting days of that House.\n\n(4) The Head, Recycling Victoria must submit the first annual report under subsection (1) within 6 months of the commencement of this Part.\n\nDivision 2—Exemptions by Head, Recycling Victoria\n\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Power of the Head, Recycling Victoria to exempt","content":"\t23 Power of the Head, Recycling Victoria to exempt\n\n(1) The Head, Recycling Victoria, by written notice, may exempt a person or class of person from any provision of the regulations made under this Act or of a service standard.\n\n(2) An exemption under subsection (1)—\n\n(a) may be given either unconditionally or on specified conditions; or\n\n(b) may be limited to specified circumstances.\n\n(3) The Head, Recycling Victoria may give an exemption under subsection (1)—\n\n(b) on the application of the person seeking to be exempted.\n\n(4) The Head, Recycling Victoria must not give an exemption under subsection (1) unless the Head, Recycling Victoria is satisfied that—\n\n(a) the exemption will not pose a serious risk of failure of, or disruption to, waste, recycling or resource recovery services; and\n\n(b) it is not practicable for the person or class of person to comply with the relevant provision; and\n\n(c) the exemption is necessary to enable the efficient administration of the relevant provision.\n\n(5) An exemption given under subsection (1) takes effect—\n\n(a) on the date on which it is given; or\n\n(b) if a later date is specified in the exemption, that date.\n\n(6) An exemption given under subsection (1) remains in effect until—\n\n(a) the date specified in the exemption; or\n\n(b) it is revoked.\n\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Application for exemption","content":"\t24 Application for exemption\n\n(1) An application under section 23(3)(b) must—\n\n(a) be made in the prescribed form; and\n\n(b) contain any prescribed information; and\n\n(2) On receiving an application under section 23(3)(b), the Head, Recycling Victoria—\n\n(a) subject to any conditions or circumstances the Head, Recycling Victoria considers appropriate, and specified in the exemption, may give an exemption to—\n\n(i) the person seeking to be exempted; or\n\n(ii) a class of person to which the person seeking to be exempted belongs; or\n\n(b) may refuse the exemption.\n\n(3) The Head, Recycling Victoria must determine an application under section 23(3)(b) within 28 days of receiving it.\n\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Amendment or revocation of exemption","content":"\t25 Amendment or revocation of exemption\n\n(1) The Head, Recycling Victoria, by written notice, may amend or revoke an exemption given under section 23 to a person—\n\n(b) on the application of the person to whom the exemption applies.\n\n(2) The Head, Recycling Victoria, by written notice, may amend or revoke an exemption given under section 23 to a class of person on the initiative of the Head, Recycling Victoria.\n\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Application for amendment of exemption","content":"\t26 Application for amendment of exemption\n\n(1) An application under section 25(1)(b) must—\n\n(a) be made in the prescribed form; and\n\n(b) be accompanied by any prescribed fee.\n\n(2) On receiving an application under section 25(1)(b), the Head, Recycling Victoria may—\n\n(a) amend the exemption subject to any conditions or circumstances the Head, Recycling Victoria considers appropriate, specified in the exemption; or\n\n(b) refuse to amend the exemption.\n\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Notice of exemption given to class of person","content":"\t27 Notice of exemption given to class of person\n\n(1) The Head, Recycling Victoria must publish in the Government Gazette, and on a website maintained by the Department, notice of—\n\n(a) an exemption given under section 23 to a class of person; and\n\n(b) an amendment made to an exemption given under section 25(2) to a class of person.\n\n(2) A notice under subsection (1) must specify—\n\n(a) the class of person to whom the exemption applies; and\n\n(b) the provisions of the regulations to which the exemption relates; and\n\n(c) any conditions or circumstances to which the exemption is subject.\n\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Person to whom exemption applies must notify Head, Recycling Victoria if unable to comply with any condition","content":"\t28 Person to whom exemption applies must notify Head, Recycling Victoria if unable to comply with any condition\n\nA person to whom an exemption given under section 23 applies must not, without reasonable excuse, fail to notify the Head, Recycling Victoria of the following as soon as reasonably practicable after becoming aware of it—\n\n(a) that the person is unable to comply with any condition to which the exemption is subject;\n\n(b) that the person is at risk of being unable to comply with any condition to which the exemption is subject.\n\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Person to whom exemption applies must comply with any condition","content":"\t29 Person to whom exemption applies must comply with any condition\n\nA person to whom an exemption given under section 23 applies must comply with any condition to which that exemption is subject.\n\nDivision 3—Inquiries by Head, Recycling Victoria\n\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Inquiries by Head, Recycling Victoria","content":"\t30 Inquiries by Head, Recycling Victoria\n\n(1) The Head, Recycling Victoria may hold an inquiry for the purpose of determining any matter—\n\n(a) related to the functions, duties or powers of the Head, Recycling Victoria under this Act; or\n\n(b) related to the operation of this Act or the regulations.\n\n(2) An inquiry under this section may be held—\n\n(a) on the initiative of the Head, Recycling Victoria in consultation with the Minister; or\n\n(b) at the direction of the Minister.\n\n(3) In consulting the Minister in relation to an inquiry referred to in subsection (2)(a), the Head, Recycling Victoria must specify—\n\n(a) the terms of reference of the inquiry; and\n\n(b) the period (not exceeding 12 months) within which the Head, Recycling Victoria is to provide the Minister with a final report of the findings.\n\n(4) A direction under subsection (2)(b)—\n\n(a) must be given in writing; and\n\n(b) must specify the terms of reference of the inquiry; and\n\n(c) may require the Head, Recycling Victoria—\n\n(i) to follow specified directions; and\n\n(ii) to consider specified matters; and\n\n(iii) to make a draft report of the findings publicly available or available to specified persons or bodies; and\n\n(iv) to provide the Minister with a final report of the findings within a specified period.\n\n(5) The Minister, by written notice, may amend—\n\n(a) the terms of reference of an inquiry; or\n\n(b) any requirement specified in a direction under subsection (2)(b).\n\n(6) The Head, Recycling Victoria must comply with a requirement of the Minister specified in a direction under this section.\n\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Conduct of an inquiry","content":"\t31 Conduct of an inquiry\n\n(1) Subject to the terms of reference, and any requirement specified in a direction under section 30, in holding an inquiry under section 30(1) the Head, Recycling Victoria—\n\n(a) may determine the manner in which the inquiry is held or conducted; and\n\n(b) may inform themselves in any way they consider appropriate.\n\n(2) Without limiting subsection (1), the Head, Recycling Victoria may—\n\n(a) hold a hearing, or part of a hearing, in public; or\n\n(b) hold a hearing, or part of a hearing, in private if the Head, Recycling Victoria considers—\n\n(i) that it would be in the public interest; or\n\n(ii) that it is necessary for the protection of confidential or commercially-sensitive information; or\n\n(c) receive oral or written submissions from any person (including from a person who is being represented by another person); or\n\n(d) consult or obtain information from a person who has relevant specialised knowledge based on the person's training, study or experience; or\n\n(e) require persons to provide documents or other things; or\n\n(f) establish committees.\n\n(3) In holding an inquiry under section 30 the Head, Recycling Victoria—\n\n(a) is bound by the rules of natural justice; and\n\n(b) is not bound by the rules of evidence; and\n\n(c) is not required to act in a formal manner.\n\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Final report of Head, Recycling Victoria following inquiry","content":"\t32 Final report of Head, Recycling Victoria following inquiry\n\n(1) The Head, Recycling Victoria must provide a report of the findings of, and the measures proposed by, an inquiry conducted under section 30 to the Minister—\n\n(a) in the case of an inquiry under section 30(2)(a), as soon as practicable after the completion of the inquiry; or\n\n(b) in the case of an inquiry under section 30(2)(b), within the period specified in the direction or an extended period approved by the Minister.\n\n(2) If the Head, Recycling Victoria is of the opinion that the report will contain confidential or commercially-sensitive information, the Head, Recycling Victoria—\n\n(a) must divide the report into—\n\n(i) a document containing the confidential or commercially-sensitive information; and\n\n(ii) another document containing the rest of the report; and\n\n(b) must recommend measures for the protection of the confidential and commercially-sensitive information contained in the report.\n\nPt 2 Div. 3A (Heading and ss 32A–32C) inserted by No. 36/2022 s. 7.\n\n","sortOrder":33},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Market strategies and reporting","content":"Division 3A—Market strategies and reporting\n\nS. 32A inserted by No. 36/2022 s. 7.\n\n","sortOrder":34},{"sectionNumber":"32A","sectionType":"section","heading":"Submission of market strategies","content":"\t32A Submission of market strategies\n\n(1) The Head, Recycling Victoria may prepare and submit to the Minister for approval a strategy for fostering sustainable markets for recycled materials and resources recovered from waste.\n\n(2) A market strategy must include the following—\n\n(a) any specified time, place or circumstances in which the market strategy applies;\n\n(b) any matter as directed by the Minister;\n\n(3) A market strategy may include the following—\n\n(a) the objectives to be achieved by the market strategy;\n\n(b) the nature and scope of any priorities;\n\n(c) how the Head, Recycling Victoria intends to assess the development and performance of the market for recycled materials and resources recovered from waste;\n\n(d) subject to subsection (2), any other matters that the Head, Recycling Victoria considers appropriate.\n\n(4) A market strategy may apply to one or more regions or to the whole of Victoria.\n\n(5) On receiving a market strategy for approval, the Minister must—\n\n(a) approve the market strategy, subject to any amendments specified in the approval; or\n\n(b) refuse to approve the market strategy; or\n\n(c) return the market strategy to the Head, Recycling Victoria for further revision.\n\n(6) If the Minister returns amendments to the Head, Recycling Victoria under subsection (5)(c), the Minister must give directions in relation to—\n\n(a) the further revisions required; and\n\n(b) the period within which the Head, Recycling Victoria must submit further revised draft amendments for approval.\n\n(7) Subject to this section, the Minister may approve more than one market strategy in relation to any particular matter.\n\nS. 32B inserted by No. 36/2022 s. 7.\n\n","sortOrder":35},{"sectionNumber":"32B","sectionType":"section","heading":"Publication of market strategy","content":"\t32B Publication of market strategy\n\nIf the Minister approves a market strategy under section 32A, the Head, Recycling Victoria must publish the market strategy on a website maintained by the Department.\n\nS. 32C inserted by No. 36/2022 s. 7.\n\n","sortOrder":36},{"sectionNumber":"32C","sectionType":"section","heading":"Market report","content":"\t32C Market report\n\n(1) Subject to subsection (5), the Head, Recycling Victoria must submit a report on the circular economy market during a financial year to the Minister for approval on or before 31 December after the end of that financial year.\n\n(2) A report under subsection (1) must include the following—\n\n(a) any matter as directed by the Minister;\n\n(b) any prescribed matter.\n\n(3) Without limiting subsection (1), a report under that subsection may include the following—\n\n(a) an overview of the circular economy market, including an overview of the waste reduction and recycling in the circular economy market;\n\n(b) an overview of the market for products and materials generated by the provision of waste, recycling or resource recovery services within the circular economy market;\n\n(c) an assessment of the circular economy market within the circular economy or an assessment of a part of that market;\n\n(d) any developments or changes in the circular economy market or a part of the market;\n\n(e) the performance of the circular economy market or a part of the market;\n\n(f) a discussion or recommendation regarding any emerging or continuing risks, performance issues or supply issues (including issues relating to the generation, collection, sorting, reprocessing or re-manufacturing of waste) within the circular economy market or a part of the market;\n\n(g) actions taken by the Head, Recycling Victoria in accordance with this Act, the regulations or a market strategy in relation to the circular economy market or a part of the market;\n\n(h) the goals or priorities of the Head, Recycling Victoria in relation to the circular economy market or a part of the market;\n\n(i) subject to subsection (2), any other matter the Head, Recycling Victoria considers appropriate.\n\n(4) On receiving a report under subsection (1), the Minister must—\n\n(a) approve the report, subject to any amendments specified in the approval; or\n\n(b) refuse to approve the report; or\n\n(c) return the report to the Head, Recycling Victoria for further revision.\n\n(5) If the Minister approves a report under subsection (1), the Head, Recycling Victoria must publish that report on a website maintained by the Department.\n\n","sortOrder":37},{"sectionNumber":"Div 4","sectionType":"division","heading":"Declared regions","content":"Division 4—Declared regions\n\n","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Head, Recycling Victoria may declare regions","content":"\t33 Head, Recycling Victoria may declare regions\n\n(1) Subject to section 34,  the Head, Recycling Victoria, by notice published in the Government Gazette, may—\n\n(a) declare any region for the purposes of this Act; or\n\n(b) vary a declaration of a region or revoke a declaration of a region.\n\n(2) If the Head, Recycling Victoria makes or varies a declaration under subsection (1), the Head, Recycling Victoria must also publish a copy of the declaration on a website maintained by the Department.\n\n","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Procedure for declaring regions","content":"\t34 Procedure for declaring regions\n\nBefore the Head, Recycling Victoria declares a region, or varies a declaration of a region, the Head, Recycling Victoria must—\n\n(a) publish in the Government Gazette a notice that—\n\n(i) states the intention of the Head, Recycling Victoria to declare a region, or vary a declaration of a region; and\n\n(ii) includes a summary of the proposed declaration or proposed variations to a declaration; and\n\n(iii) invites public submissions on the proposal of the Head, Recycling Victoria for a period of at least 28 days after publication of the notice; and\n\n(iv) specifies where a copy of the proposed declaration or proposed variations to a declaration and any other relevant information may be accessed; and\n\n(b) publish a copy of the notice and the proposed declaration or proposed variations to a declaration on a website maintained by the Department; and\n\n(c) provide a copy of the notice and the proposed declaration or proposed variations to a declaration to—\n\n(i) each advisory committee; and\n\n(ii) any other person as directed by the Minister.\n\n","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"When declaration takes effect","content":"\t35 When declaration takes effect\n\n(1) A declaration or variations to a declaration take effect—\n\n(a) on the date specified in the declaration, provided that the date specified is not before the date on which the declaration is published in the Government Gazette; or\n\n(b) in any other case, 28 days after the declaration is published in the Government Gazette.\n\n(2) A declaration continues in effect until it is revoked.\n\nDivision 5—Engagement\n\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Charter of Engagement","content":"\t36 Charter of Engagement\n\n(1) The Head, Recycling Victoria, in consultation with the Minister, must prepare a Charter of Engagement.\n\n(2) The Charter of Engagement must include the following—\n\nS. 36(2)(a) amended by No. 9/2022 s. 26.\n\n(a) details of how the Head, Recycling Victoria intends to consult and engage with councils, Alpine Resorts Victoria, industry, regional communities and traditional owners;\n\n(b) any prescribed matters.\n\n(3) The Head, Recycling Victoria must publish the Charter of Engagement on a website maintained by the Department.\n\nDivision 6—Advisory committees\n\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Advisory committees","content":"\t37 Advisory committees\n\n(1) Subject to this section, the Minister may establish advisory committees from time to time to inform and advise the Minister and the Head, Recycling Victoria on any matters relating to the operation of this Act.\n\n(2) The Minister must establish at least one advisory committee that includes persons with relevant skills, knowledge and experience relating to local government and rural and regional communities.\n\n(3) The Minister must publish, on a website maintained by the Department, terms of reference relating to the composition and specific purpose of each advisory committee.\n\nPt 2 Div. 7 (Heading and ss 37AA–37AC) inserted by No. 35/2023 s. 3.\n\n","sortOrder":43},{"sectionNumber":"Div 7","sectionType":"division","heading":"Recycling Victoria Fund","content":"Division 7—Recycling Victoria Fund\n\nS. 37AA inserted by No. 35/2023 s. 3.\n\n\t37AA Recycling Victoria Fund\n\n(1) There must be established in the Public Account as part of the Trust Fund an account to be known as the Recycling Victoria Fund.\n\n(2) The Recycling Victoria Fund is to be divided into—\n\n(a) the Container Deposit Scheme account; and\n\n(b) the Waste to Energy Scheme account.\n\nS. 37AB inserted by No. 35/2023 s. 3.\n\n\t37AB Payments into and from the Container Deposit Scheme account\n\n(1) The following are to be credited to the Container Deposit Scheme account—\n\n(a) payments made to the Minister or Head, Recycling Victoria under this Act in respect of the container deposit scheme;\n\n(b) payments made to the Head, Recycling Victoria under the Scheme Coordinator agreement;\n\n(c) all money appropriated by Parliament for the purposes of the Container Deposit Scheme account.\n\n(2) Money in the Container Deposit Scheme account may be applied for the following purposes—\n\n(a) any costs associated with the container deposit scheme;\n\n(b) any amounts directed under subsection (3) to be paid into the Consolidated Fund.\n\n(3) If the Treasurer is satisfied that there is in the Container Deposit Scheme account at any time an amount in excess of the amount required to meet the anticipated payments from the account, after consultation with the Minister, the Treasurer may direct the payment of the whole or any part of that excess amount out of the account into the Consolidated Fund.\n\nS. 37AC inserted by No. 35/2023 s. 3.\n\n\t37AC Payments into and from the Waste to Energy Scheme account\n\n(1) The following are to be credited to the Waste to Energy Scheme account—\n\n(a) payments made to the Head, Recycling Victoria under this Act in respect of the waste to energy scheme;\n\n(b) all money appropriated by Parliament for the purposes of the Waste to Energy Scheme account.\n\n(2) Money into the Waste to Energy Scheme account may be applied for the following purposes—\n\n(a) any costs associated with the waste to energy scheme;\n\n(b) any amounts directed under subsection (3) to be paid into the Consolidated Fund.\n\n(3) If the Treasurer is satisfied that there is in the Waste to Energy Scheme account at any time an amount in excess of the amount required to meet the anticipated payments from the account, after consultation with the Minister, the Treasurer may direct the payment of the whole or any part of that excess amount out of the account into the Consolidated Fund.\n\nPt 2A (Headings and ss 37A–37Y) inserted by No. 36/2022 s. 8.\n\n","sortOrder":44},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Victorian Recycling Infrastructure Plan (VRIP)","content":"Part 2A—Victorian Recycling Infrastructure Plan (VRIP)\n\nS. 37A inserted by No. 36/2022 s. 8.\n\n","sortOrder":45},{"sectionNumber":"37A","sectionType":"section","heading":"Objectives of a VRIP","content":"\t37A Objectives of a VRIP\n\nThe objectives of a VRIP are the following—\n\n(a) to provide long-term strategic planning to guide and inform decision-making in relation to waste, recycling and resource recovery infrastructure at State, regional and local levels;\n\n(b) to enable waste, recycling and resource recovery infrastructure planning to be informed appropriately by—\n\n(i) land use and development planning and policy; and\n\n(ii) environmental regulatory approvals and policy; and\n\n(iii) transport planning and policy;\n\n(c) to support risk, consequence and contingency planning for the waste, recycling and resource recovery infrastructure network;\n\n(d) to provide long-term strategic planning in relation to Victoria's waste, recycling and resource recovery infrastructure needs for a period of 30 years.\n\nS. 37B inserted by No. 36/2022 s. 8.\n\n","sortOrder":46},{"sectionNumber":"37B","sectionType":"section","heading":"Matters included in a VRIP","content":"\t37B Matters included in a VRIP\n\n(1) A VRIP must include—\n\n(a) suitable development areas that meet Victoria's waste, recycling and resource recovery infrastructure needs; and\n\n(b) directions or actions to take in relation to waste, recycling and resource recovery infrastructure at 3-year intervals during the 30-year period of the VRIP; and\n\n(c) a list of the future waste, recycling and resource recovery infrastructure (other than landfill) needed for the State to manage waste in a manner that—\n\n(i) provides for the orderly development of infrastructure based on the State's needs; and\n\n(ii) minimises the risk of harm to human health or the environment for the 30‑year period of the VRIP; and\n\n(d) a schedule of existing landfill sites and future landfill sites required across the State for the 30-year period of the VRIP; and\n\n(e) any matters prescribed by the regulations.\n\n(2) A VRIP may also include any other matters that the Head, Recycling Victoria considers appropriate.\n\nDivision 2—Inaugural VRIP\n\nS. 37C inserted by No. 36/2022 s. 8.\n\n","sortOrder":47},{"sectionNumber":"37C","sectionType":"section","heading":"Head, Recycling Victoria to prepare inaugural VRIP","content":"\t37C Head, Recycling Victoria to prepare inaugural VRIP\n\nThe Head, Recycling Victoria must prepare the inaugural VRIP in accordance with this Division.\n\nS. 37D inserted by No. 36/2022 s. 8.\n\n","sortOrder":48},{"sectionNumber":"37D","sectionType":"section","heading":"Draft inaugural VRIP","content":"\t37D Draft inaugural VRIP\n\n(1) The Head, Recycling Victoria must prepare a draft inaugural VRIP that includes the matters required under section 37B.\n\n(2) In preparing the draft inaugural VRIP, the Head, Recycling Victoria must have regard to the following—\n\n(a) existing Victorian policies that the Head, Recycling Victoria considers relevant to the State's future waste, recycling and resource recovery infrastructure needs;\n\n(c) to the extent that the Head, Recycling Victoria considers relevant, any advice that is prepared by the following persons and bodies and provided to the Head, Recycling Victoria—\n\n(i) a WRR Group;\n\nSee definition of ***WRR Group*** in section 184.\n\n(ii) Sustainability Victoria;\n\n(iii) the Secretary;\n\n(iv) the Environment Protection Authority;\n\nS. 37E inserted by No. 36/2022 s. 8.\n\n","sortOrder":49},{"sectionNumber":"37E","sectionType":"section","heading":"Consultation on draft inaugural VRIP","content":"\t37E Consultation on draft inaugural VRIP\n\n(1) The Head, Recycling Victoria must provide a draft inaugural VRIP to the following persons and bodies for comment—\n\n(e) any advisory committee whose terms of reference include informing or advising the Minister or the Head, Recycling Victoria on matters relating to VRIPs;\n\n(2) The Head, Recycling Victoria must consult with the persons and bodies referred to in subsection (1) in accordance with any process prescribed by the regulations.\n\nS. 37F inserted by No. 36/2022 s. 8.\n\n","sortOrder":50},{"sectionNumber":"37F","sectionType":"section","heading":"First revised draft inaugural VRIP","content":"\t37F First revised draft inaugural VRIP\n\n(1) The Head, Recycling Victoria must prepare a revised draft inaugural VRIP having regard to the comments received through consultation under section 37E.\n\n(2) The Head, Recycling Victoria must provide a revised draft inaugural VRIP to the Environment Protection Authority for specific comment in relation to—\n\n(3) The Environment Protection Authority must provide its specific comments to the Head, Recycling Victoria within 60 days of receiving the revised draft inaugural VRIP.\n\nS. 37G inserted by No. 36/2022 s. 8.\n\n","sortOrder":51},{"sectionNumber":"37G","sectionType":"section","heading":"Second revised draft inaugural VRIP","content":"\t37G Second revised draft inaugural VRIP\n\n(1) The Head, Recycling Victoria must prepare a second revised draft inaugural VRIP having regard to the specific comments received from the Environment Protection Authority.\n\n(2) If the Environment Protection Authority comments that it considers a proposed future landfill site to be unlikely to meet any requirement of the **Environment Protection Act 2017**, the Head, Recycling Victoria must remove that site from the schedule of landfill sites.\n\nS. 37H inserted by No. 36/2022 s. 8.\n\n","sortOrder":52},{"sectionNumber":"37H","sectionType":"section","heading":"Approval of inaugural VRIP","content":"\t37H Approval of inaugural VRIP\n\n(1) The Head, Recycling Victoria must submit a second revised draft inaugural VRIP to the Minister for approval no later than 12 months after the commencement of this section.\n\n(2) A second revised draft inaugural VRIP must be accompanied by the additional documents or information—\n\n(3) On receiving a second revised draft inaugural VRIP, the Minister must—\n\n(a) approve the inaugural VRIP; or\n\n(b) approve the inaugural VRIP with amendments; or\n\n(c) return the inaugural VRIP to the Head, Recycling Victoria for amendment.\n\n(4) If the Minister returns the inaugural VRIP to the Head, Recycling Victoria under subsection (3)(c), the Minister must give directions in relation to—\n\n(a) the amendments required; and\n\n(b) the period within which the Head, Recycling Victoria must submit a further revised draft inaugural VRIP for approval in accordance with this section.\n\nS. 37I inserted by No. 36/2022 s. 8.\n\n","sortOrder":53},{"sectionNumber":"37I","sectionType":"section","heading":"Gazettal and publication of inaugural VRIP","content":"\t37I Gazettal and publication of inaugural VRIP\n\n(1) If the Minister approves the inaugural VRIP, the Minister must cause notice of the approval to be published in the Government Gazette.\n\n(2) The approved inaugural VRIP takes effect on—\n\n(3) The Head, Recycling Victoria must publish the approved inaugural VRIP on a website maintained by the Department within 5 business days of notice of the approval being published in the Government Gazette.\n\nDivision 3—Further VRIPs\n\nS. 37J inserted by No. 36/2022 s. 8.\n\n","sortOrder":54},{"sectionNumber":"37J","sectionType":"section","heading":"Head, Recycling Victoria to prepare VRIP","content":"\t37J Head, Recycling Victoria to prepare VRIP\n\nThe Head, Recycling Victoria must prepare a VRIP, other than the inaugural VRIP, in accordance with this Division.\n\nS. 37K inserted by No. 36/2022 s. 8.\n\n","sortOrder":55},{"sectionNumber":"37K","sectionType":"section","heading":"Draft VRIP","content":"\t37K Draft VRIP\n\n(1) The Head, Recycling Victoria must prepare a draft VRIP that includes the matters required under section 37B.\n\n(2) In preparing a draft VRIP, the Head, Recycling Victoria must have regard to the following—\n\n(a) existing Victorian policies that the Head, Recycling Victoria considers relevant to the State's future waste, recycling and resource recovery infrastructure needs;\n\n(c) the most recent annual VRIP progress report prepared under section 37Y;\n\nS. 37L inserted by No. 36/2022 s. 8.\n\n","sortOrder":56},{"sectionNumber":"37L","sectionType":"section","heading":"Consultation on draft VRIP","content":"\t37L Consultation on draft VRIP\n\n(1) The Head, Recycling Victoria must provide a draft VRIP to the following persons and bodies for comment—\n\n(e) any advisory committee whose terms of reference include informing or advising the Minister or the Head, Recycling Victoria on matters relating to VRIPs;\n\n(2) The Head, Recycling Victoria must consult with the persons and bodies referred to in subsection (1) in accordance with any process prescribed by the regulations.\n\nS. 37M inserted by No. 36/2022 s. 8.\n\n","sortOrder":57},{"sectionNumber":"37M","sectionType":"section","heading":"First revised draft VRIP","content":"\t37M First revised draft VRIP\n\n(1) The Head, Recycling Victoria must prepare a revised draft VRIP having regard to the comments received through consultation under section 37L.\n\n(2) The Head, Recycling Victoria must provide a revised draft VRIP to the Environment Protection Authority for specific comment in relation to—\n\n(3) The Environment Protection Authority must provide its specific comments to the Head, Recycling Victoria within 60 days of receiving the revised draft VRIP.\n\nS. 37N inserted by No. 36/2022 s. 8.\n\n","sortOrder":58},{"sectionNumber":"37N","sectionType":"section","heading":"Second revised draft VRIP","content":"\t37N Second revised draft VRIP\n\n(1) The Head, Recycling Victoria must prepare a second revised draft VRIP having regard to the specific comments received from the Environment Protection Authority.\n\n(2) If the Environment Protection Authority comments that it considers a proposed future landfill site to be unlikely to meet any requirement of the **Environment Protection Act 2017**, the Head, Recycling Victoria must remove that site from the schedule of landfill sites.\n\nS. 37O inserted by No. 36/2022 s. 8.\n\n","sortOrder":59},{"sectionNumber":"37O","sectionType":"section","heading":"Approval of VRIP","content":"\t37O Approval of VRIP\n\n(1) The Head, Recycling Victoria must submit a second revised draft VRIP to the Minister for approval.\n\n(2) A second revised draft VRIP must be accompanied by the additional documents or information—\n\n(3) On receiving a second revised draft VRIP, the Minister must—\n\n(a) approve the VRIP; or\n\n(b) approve the VRIP with amendments; or\n\n(c) return the VRIP to the Head, Recycling Victoria for amendment.\n\n(4) If the Minister returns a VRIP to the Head, Recycling Victoria under subsection (3)(c), the Minister must give directions in relation to—\n\n(a) the amendments required; and\n\n(b) the period within which the Head, Recycling Victoria must submit a further revised draft VRIP for approval in accordance with this section.\n\nS. 37P inserted by No. 36/2022 s. 8.\n\n","sortOrder":60},{"sectionNumber":"37P","sectionType":"section","heading":"Gazettal and publication of VRIP","content":"\t37P Gazettal and publication of VRIP\n\n(1) If the Minister approves a VRIP, the Minister must cause notice of the approval to be published in the Government Gazette.\n\n(2) An approved VRIP takes effect on—\n\n(3) The Head, Recycling Victoria must publish an approved VRIP on a website maintained by the Department within 5 business days of notice of the approval being published in the Government Gazette.\n\nDivision 4—Amendments to VRIP\n\nS. 37Q inserted by No. 36/2022 s. 8.\n\n","sortOrder":61},{"sectionNumber":"37Q","sectionType":"section","heading":"Head, Recycling Victoria to prepare amendments to VRIP","content":"\t37Q Head, Recycling Victoria to prepare amendments to VRIP\n\nThe Head, Recycling Victoria must prepare amendments to a VRIP approved under Division 2 or 3, being amendments that are discrete changes or updates, in accordance with this Division.\n\nS. 37R inserted by No. 36/2022 s. 8.\n\n","sortOrder":62},{"sectionNumber":"37R","sectionType":"section","heading":"Draft amendments","content":"\t37R Draft amendments\n\n(1) The Head, Recycling Victoria must prepare draft amendments to a VRIP if the Head, Recycling Victoria considers that it is necessary or otherwise appropriate to do so—\n\n(a) to address issues in relation to waste, recycling and resource recovery infrastructure; or\n\n(b) to improve implementation of the VRIP.\n\n(2) In preparing draft amendments, the Head, Recycling Victoria must have regard to the following—\n\n(a) existing Victorian policies that the Head, Recycling Victoria considers relevant to the State's future waste, recycling and resource recovery infrastructure needs;\n\n(c) the most recent annual VRIP progress report prepared under section 37Y;\n\nS. 37S inserted by No. 36/2022 s. 8.\n\n","sortOrder":63},{"sectionNumber":"37S","sectionType":"section","heading":"Consultation on draft amendments","content":"\t37S Consultation on draft amendments\n\n(1) The Head, Recycling Victoria must provide draft amendments to the following persons and bodies for comment—\n\n(e) any advisory committee whose terms of reference include informing or advising the Minister or the Head, Recycling Victoria on matters relating to VRIPs;\n\n(2) The Head, Recycling Victoria must consult with the persons and bodies referred to in subsection (1) in accordance with any process prescribed by the regulations.\n\nS. 37T inserted by No. 36/2022 s. 8.\n\n","sortOrder":64},{"sectionNumber":"37T","sectionType":"section","heading":"Revised draft amendments","content":"\t37T Revised draft amendments\n\n(1) The Head, Recycling Victoria must prepare revised draft amendments having regard to the comments received through consultation under section 37S.\n\n(2) The Head, Recycling Victoria must provide revised draft amendments to the Environment Protection Authority for specific comment in relation to—\n\n(3) The Environment Protection Authority must provide its specific comments to the Head, Recycling Victoria within 60 days of receiving the revised draft amendments.\n\n(4) The Head, Recycling Victoria must prepare further revised draft amendments having regard to the specific comments received from the Environment Protection Authority.\n\n(5) If the Environment Protection Authority comments that it considers a landfill site, proposed for inclusion in the VRIP's schedule of landfill sites as a future landfill site, to be unlikely to meet any requirement of the **Environment Protection Act 2017**, the Head, Recycling Victoria must remove that site from the draft amendments.\n\n(6) Subsections (2) to (5) do not apply to draft amendments that do not relate to—\n\n(a) the list of infrastructure referred to in section 37B(1)(c); or\n\nS. 37U inserted by No. 36/2022 s. 8.\n\n","sortOrder":65},{"sectionNumber":"37U","sectionType":"section","heading":"Approval of amendments","content":"\t37U Approval of amendments\n\n(1) The Head, Recycling Victoria must submit draft amendments revised in accordance with section 37T to the Minister for approval.\n\n(2) Draft amendments must be accompanied by the additional documents or information—\n\n(3) On receiving draft amendments, the Minister must—\n\n(a) approve the amendments; or\n\n(b) approve the amendments with further revisions; or\n\n(c) return the amendments to the Head, Recycling Victoria for further revision.\n\n(4) If the Minister returns amendments to the Head, Recycling Victoria under subsection (3)(c), the Minister must give directions in relation to—\n\n(a) the further revisions required; and\n\n(b) the period within which the Head, Recycling Victoria must submit further revised draft amendments for approval in accordance with this section.\n\nS. 37V inserted by No. 36/2022 s. 8.\n\n","sortOrder":66},{"sectionNumber":"37V","sectionType":"section","heading":"Gazettal and publication of amendments","content":"\t37V Gazettal and publication of amendments\n\n(1) If the Minister approves amendments, the Minister must cause notice of the approval to be published in the Government Gazette.\n\n(2) Approved amendments take effect on—\n\n(3) The Head, Recycling Victoria must publish approved amendments on a website maintained by the Department within 5 business days of notice of the approval being published in the Government Gazette.\n\nS. 37W inserted by No. 36/2022 s. 8.\n\n","sortOrder":67},{"sectionNumber":"37W","sectionType":"section","heading":"Waiver of certain requirements in this Division","content":"\t37W Waiver of certain requirements in this Division\n\nOn the written request of the Head, Recycling Victoria, the Minister may waive the requirements set out in sections 37S and 37T if the Minister is satisfied that—\n\n(a) the draft amendments only correct minor or technical errors, misdescriptions or miscalculations in the VRIP; or\n\n(b) the draft amendments only remove—\n\n(i) from the current list of infrastructure in the VRIP—infrastructure no longer considered to be needed; or\n\n(ii) from the current schedule of landfill sites in the VRIP—sites no longer considered to be existing landfill sites or future landfill sites (as the case requires); or\n\n(c) there are urgent or exceptional circumstances to support a waiver of those requirements.\n\nDivision 5—Review of VRIP\n\nS. 37X inserted by No. 36/2022 s. 8.\n\n","sortOrder":68},{"sectionNumber":"37X","sectionType":"section","heading":"Review of VRIP","content":"\t37X Review of VRIP\n\n(1) The Head, Recycling Victoria, in accordance with any process prescribed by the regulations,  must conduct a review of an approved VRIP in its entirety and prepare a new VRIP in accordance with Division 3 if—\n\n(a) the Minister directs the Head, Recycling Victoria to do so; or\n\n(b) the Head, Recycling Victoria considers that it is necessary to do so to address issues that relate to waste, recycling and resource recovery infrastructure; or\n\n(c) in any event, a period of 3 years has passed since the approved VRIP took effect.\n\n(2) In conducting a review of an approved VRIP, the Head, Recycling Victoria must have regard to—\n\n(a) the annual VRIP progress reports prepared under section 37Y with respect to that VRIP; and\n\n(b) any matters prescribed by the regulations.\n\n(3) If the Minister gives a direction under subsection (1)(a), the Minister must specify the period within which the review must be conducted and a draft new VRIP prepared in accordance with Division 3.\n\n(4) If the Head, Recycling Victoria is required to conduct a review and prepare a new VRIP under subsection (1)(b) or (c), the Head, Recycling Victoria must conduct the review and prepare a draft new VRIP in accordance with Division 3 within a period of 12 months.\n\nDivision 6—Miscellaneous\n\nS. 37Y inserted by No. 36/2022 s. 8.\n\n","sortOrder":69},{"sectionNumber":"37Y","sectionType":"section","heading":"Annual VRIP progress report","content":"\t37Y Annual VRIP progress report\n\n(1) The Head, Recycling Victoria must prepare an annual VRIP progress report on a VRIP every 12 months from the date on which the VRIP took effect.\n\n(2) An annual VRIP progress report may include the following—\n\n(a) key indicators and metrics that assess the VRIP's implementation;\n\n(b) progress and achievements to date in the delivery of the VRIP's directions or actions to take in relation to waste, recycling and resource recovery infrastructure;\n\n(c) any issues that have arisen in the VRIP's implementation;\n\n(d) any matters that the Head, Recycling Victoria considers need further consideration or action, including by a review or amendments under this Part.\n\n(3) The Head, Recycling Victoria must—\n\n(a) provide a copy of an annual VRIP progress report to the Minister; and\n\n(b) publish the report on a website maintained by the Department.\n\n(4) In preparing an annual VRIP progress report, the Head, Recycling Victoria must comply with any requirements that are prescribed by the regulations.\n\nPart 3—Data collection\n\nDivision 1—Reporting requirements of regular reporting entities and occasional reporting entities\n\n\t38 Regular reporting entity must give certain information to Head, Recycling Victoria\n\n(1) A regular reporting entity must give the Head, Recycling Victoria the prescribed information in accordance with the prescribed mandatory reporting requirements.\n\n(2) A regular reporting entity that contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding 120 penalty units.\n\n","sortOrder":70},{"sectionNumber":"39","sectionType":"section","heading":"Direction to provide additional information—regular reporting entity","content":"\t39 Direction to provide additional information—regular reporting entity\n\n(1) The Head, Recycling Victoria, by written direction, may require a regular reporting entity to provide information to the Head, Recycling Victoria that is in addition to the information provided in accordance with the mandatory reporting requirements prescribed under section 38.\n\n(2) Before issuing a direction under subsection (1), the Head, Recycling Victoria must be satisfied that the additional information is required to clarify or verify information that was provided in accordance with the mandatory reporting requirements prescribed under section 38.\n\n(3) A direction under this section must specify—\n\n(a) the additional information required to be provided; and\n\n(b) the time by which it must be provided.\n\n(4) The time specified under subsection (3)(b) must be reasonable in the circumstances.\n\n(5) A regular reporting entity must not, without reasonable excuse, refuse or fail to comply with a written direction under subsection (1).\n\n(6) A regular reporting entity that contravenes subsection (5) commits an offence against that subsection and is liable to a penalty not exceeding 120 penalty units.\n\n(7) Subsection (5) is a civil penalty provision.\n\n","sortOrder":71},{"sectionNumber":"40","sectionType":"section","heading":"Collection and retention of information by occasional reporting entity","content":"\t40 Collection and retention of information by occasional reporting entity\n\nAn occasional reporting entity must collect and retain information—\n\n(a) of a prescribed kind or class; and\n\n(b) for the prescribed period.\n\n","sortOrder":72},{"sectionNumber":"41","sectionType":"section","heading":"Direction to give information—occasional reporting entity","content":"\t41 Direction to give information—occasional reporting entity\n\n(1) The Head, Recycling Victoria, by written direction, may require an occasional reporting entity to give the Head, Recycling Victoria information—\n\n(a) required to be collected and retained under section 40; and\n\n(b) as specified in the direction.\n\n(2) A direction under subsection (1) must specify—\n\n(a) the kind or class of information collected and retained under section 40 that must be given to the Head, Recycling Victoria; and\n\n(b) the form and manner in which the information is to be provided; and\n\n(c) the date by which, or period within which, the information must be provided.\n\n(3) An occasional reporting entity must not, without reasonable excuse, refuse or fail to comply with a written direction under subsection (1).\n\nPenalty: 120 penalty units.\n\n","sortOrder":73},{"sectionNumber":"42","sectionType":"section","heading":"Direction to provide additional information—occasional reporting entity","content":"\t42 Direction to provide additional information—occasional reporting entity\n\n(1) The Head, Recycling Victoria, by written direction, may require an occasional reporting entity to provide information to the Head, Recycling Victoria that is in addition to any required under section 41.\n\n(2) Before issuing a direction under subsection (1), the Head, Recycling Victoria must be satisfied that the additional information is required to clarify or verify information that was provided under section 41.\n\n(3) A direction under this section must specify—\n\n(a) the additional information required to be provided; and\n\n(b) the time by which it must be provided.\n\n(4) The time specified under subsection (3)(b) must be reasonable in the circumstances.\n\n(5) An occasional reporting entity must not, without reasonable excuse, refuse or fail to comply with a written direction under subsection (1).\n\n(6) An occasional reporting entity that contravenes subsection (5) commits an offence against that subsection and is liable to a penalty not exceeding 120 penalty units.\n\n(7) Subsection (5) is a civil penalty provision.\n\n","sortOrder":74},{"sectionNumber":"43","sectionType":"section","heading":"Guidelines in relation to form and manner of information","content":"\t43 Guidelines in relation to form and manner of information\n\n(1) The Head, Recycling Victoria may issue guidelines in respect of information required to be provided to the Head, Recycling Victoria under this Division specifying—\n\n(a) the form of the information; and\n\n(b) the way in which the information is to be presented including any technical specifications*.*\n\n(2) For the purposes of a direction or any obligation to provide information under this Division, a reporting entity must comply with any guidelines issued under this section.\n\n(3) Guidelines issued under this section must be published on a website maintained by the Department.\n\nDivision 2—Exemption from reporting requirements\n\n","sortOrder":75},{"sectionNumber":"44","sectionType":"section","heading":"General exemption from reporting requirements","content":"\t44 General exemption from reporting requirements\n\n(1) The Head, Recycling Victoria, by written notice published in the Government Gazette, may exempt a class of regular reporting entity from any or all of the reporting requirements for that class of regular reporting entity under Division 1.\n\n(2) The Head, Recycling Victoria, by written notice published in the Government Gazette, may exempt a class of occasional reporting entity from any or all of the requirements for that class of occasional reporting entity under Division 1.\n\n(3) Subject to subsection (4), the Head, Recycling Victoria may grant an exemption under subsection (1) or (2) at the discretion of the Head, Recycling Victoria.\n\n(4) Before granting an exemption under subsection (1) or (2), the Head, Recycling Victoria must consider the prescribed criteria.\n\n(5) Notice of an exemption under subsection (1) or (2) must specify—\n\n(a) the class of reporting entity to which the exemption applies; and\n\n(b) the provisions of Division 1 and any regulations to which the exemption relates; and\n\n(c) any conditions to which the exemption is subject.\n\n","sortOrder":76},{"sectionNumber":"45","sectionType":"section","heading":"Exemption for individual reporting entity from reporting requirements","content":"\t45 Exemption for individual reporting entity from reporting requirements\n\n(1) A reporting entity may apply to the Head, Recycling Victoria for an exemption—\n\n(a) in the case of a regular reporting entity, from any or all of the mandatory reporting requirements under section 38; or\n\n(b) in the case of an occasional reporting entity, from—\n\n(i) any or all of the requirements to collect and retain prescribed information under section 40; or\n\n(ii) a direction to give information to the Head, Recycling Victoria under section 41.\n\n(2) An application under subsection (1)—\n\n(a) in the case of an exemption from—\n\n(i) any requirement under section 38 or a direction under section 41, must be made no later than 10 business days before the information is required; or\n\n(ii) any requirements under section 40, may be made at any time; and\n\n(b) must be in the prescribed form; and\n\n(c) must include the prescribed information; and\n\n(d) must be accompanied by any prescribed fee.\n\n(3) Despite subsection (2)(a)(i), the Head, Recycling Victoria may grant a reporting entity an extension of time to make an application for an exemption on the written request of the reporting entity if the Head, Recycling Victoria considers it reasonable in the circumstances.\n\n(4) A request under subsection (3) must—\n\n(a) be made before the information under section 38 or 41 is required; and\n\n(b) explain why the reporting entity is seeking an extension of time to apply for an exemption.\n\n(5) On receiving an application under subsection (1), the Head, Recycling Victoria may, by written notice—\n\n(a) grant a reporting entity an exemption from any or all of the requirements—\n\n(i) under section 38 or 40; or\n\n(ii) of a direction under section 41; or\n\n(b) refuse to grant an exemption.\n\n(6) Before granting or refusing to grant an exemption under subsection (5), the Head, Recycling Victoria must consider the application and the prescribed criteria.\n\n(7) An exemption granted under subsection (5)(a)—\n\n(a) may be subject to any conditions the Head, Recycling Victoria considers appropriate, specified in the exemption; and\n\n(b) may be for a limited time as specified in the exemption; and\n\n(c) may differ from the exemption applied for by the entity including with respect to scope, circumstance or duration.\n\n(8) An exemption given under this section takes effect from the day, and for the period, specified in the exemption.\n\n(9) The Head, Recycling Victoria may request further information from a reporting entity that has made an application under subsection (1) by written notice to the applicant specifying—\n\n(a) the information required; and\n\n(b) the date by which the information must be provided to the Head, Recycling Victoria.\n\n","sortOrder":77},{"sectionNumber":"46","sectionType":"section","heading":"Renewal of exemption for individual reporting entity","content":"\t46 Renewal of exemption for individual reporting entity\n\n(1) A reporting entity granted an exemption under section 45 may apply for renewal of that exemption.\n\n(a) be in the prescribed form; and\n\n(b) include the prescribed information; and\n\n(c) be accompanied by any prescribed fee; and\n\n(d) be made no later than 28 days before the exemption expires.\n\n","sortOrder":78},{"sectionNumber":"47","sectionType":"section","heading":"Amendment or revocation of exemption on initiative of Head, Recycling Victoria","content":"\t47 Amendment or revocation of exemption on initiative of Head, Recycling Victoria\n\n(1) This section applies if—\n\n(a) the Head, Recycling Victoria requires information from a class of reporting entity or an individual reporting entity for the purposes of the Head, Recycling Victoria performing functions under this Act; and\n\n(b) the class of reporting entity or individual reporting entity has been exempted from providing that information in accordance with an exemption granted under section 44 or 45.\n\n(2) If this section applies and after considering any submissions made in accordance with subsection (3), the Head, Recycling Victoria may amend or revoke an exemption granted under section 44 or 45.\n\n(3) At least 28 days before the proposed amendment or revocation of an exemption under subsection (2), the Head, Recycling Victoria must—\n\n(a) if the proposed amendment or revocation is in respect of an exemption granted under section 44—\n\n(i) give notice of the proposed amendment or revocation in the Government Gazette; and\n\n(ii) invite the relevant class of reporting entity to make submissions in respect of the proposed amendment or revocation; or\n\n(b) if the proposed amendment or revocation is in respect of an exemption granted under section 45—\n\n(i) give written notice of the proposed amendment or revocation to the reporting entity that holds the exemption proposed to be amended or revoked; and\n\n(ii) invite the reporting entity to make submissions in respect of the proposed amendment or revocation.\n\n","sortOrder":79},{"sectionNumber":"48","sectionType":"section","heading":"Application for amendment of exemption","content":"\t48 Application for amendment of exemption\n\n(1) A reporting entity that holds an exemption granted under section 45 may apply to the Head, Recycling Victoria for an amendment of the exemption.\n\n(a) be in the prescribed form; and\n\n(b) specify the reason for the amendment; and\n\n(3) On receiving an application under this section, the Head, Recycling Victoria may—\n\n(a) amend the exemption subject to any conditions the Head, Recycling Victoria considers appropriate, specified in the exemption; or\n\n(b) refuse to amend the exemption.\n\n","sortOrder":80},{"sectionNumber":"49","sectionType":"section","heading":"Reporting entity to whom exemption applies must notify Head, Recycling Victoria if unable to comply with any condition","content":"\t49 Reporting entity to whom exemption applies must notify Head, Recycling Victoria if unable to comply with any condition\n\nA reporting entity granted an exemption under section 44 or 45 must not, without reasonable excuse, fail to notify the Head, Recycling Victoria of the following as soon as reasonably practicable after becoming aware of it—\n\n(a) that the reporting entity is unable to comply with any condition to which the exemption is subject;\n\n(b) that the reporting entity is at risk of being unable to comply with any condition to which the exemption is subject.\n\nDivision 3—Information sharing and reporting\n\n","sortOrder":81},{"sectionNumber":"50","sectionType":"section","heading":"Head, Recycling Victoria may collect, use, disclose or publish information","content":"\t50 Head, Recycling Victoria may collect, use, disclose or publish information\n\n(1) Subject to anything to the contrary in this Act or any other Act, the Head, Recycling Victoria may collect, use, disclose or publish any information or data if the collection, use, disclosure or publication is necessary for the Head, Recycling Victoria—\n\n(a) to perform the functions or duties of the Head, Recycling Victoria under this Act or any other Act; or\n\n(b) to exercise the powers of the Head, Recycling Victoria under this Act or any other Act.\n\n(2) Without limiting subsection (1), the Head, Recycling Victoria may—\n\n(a) use or disclose information or data if—\n\n(i) the Head, Recycling Victoria has reason to suspect that unlawful activity has been, is being, or may be, engaged in; and\n\n(ii) the use or disclosure is a necessary part of the investigation or reporting of the matter by the Head, Recycling Victoria; or\n\n(b) disclose information or data to any of the following agencies to enable the Head, Recycling Victoria to perform any of their functions or exercise any of their powers in collaboration with that agency—\n\n(i) a council;\n\n(ii) Sustainability Victoria;\n\n(iii) the Environment Protection Authority;\n\n(iv) Victoria Police;\n\n(v) the Australian Federal Police;\n\n(vi) Victorian WorkCover Authority;\n\nS. 50(2)(b)(vii) amended by No. 9/2022 s. 27.\n\n(vii) Alpine Resorts Victoria;\n\n(viii) a prescribed person or body; or\n\nS. 50(2)(ba) inserted by No. 36/2022 s. 9.\n\n(ba) disclose information to Sustainability Victoria to enable Sustainability Victoria to perform its functions under section 7 of the **Sustainability Victoria Act 2005** other than under paragraphs (a), (b), (e), (j) and (q) of that section of that Act; or\n\n(c) collect or use information from a government agency if the collection or use is required for the purposes of determining the risk of failure of, or disruption to, waste, recycling or resource recovery services of the circular economy; or\n\n(d) collect or use information from, or disclose information to, a government agency if the collection, use or disclosure—\n\n(i) is necessary for research or the compiling or analysis of statistics; and\n\n(ii) does not include personal information; and\n\n(iii) is in the public interest.\n\n","sortOrder":82},{"sectionNumber":"51","sectionType":"section","heading":"Centralised data and information system","content":"\t51 Centralised data and information system\n\n(1) The Head, Recycling Victoria may establish a centralised data and information system to receive, collect, store and share information and data relating to waste, recycling or resource recovery services and the circular economy.\n\n(2) The Head, Recycling Victoria must ensure that the centralised data and information system meets any prescribed requirements and standards.\n\n","sortOrder":83},{"sectionNumber":"52","sectionType":"section","heading":"Publication of information and reports","content":"\t52 Publication of information and reports\n\n(1) At the discretion of the Head, Recycling Victoria and if it is in the public interest to do so, the Head, Recycling Victoria may publish information or reports relating to the state of any of the following—\n\n(a) waste, recycling or resource recovery services;\n\n(b) the circular economy.\n\n(2) Information or reports must be published on a website maintained by the Department.\n\n","sortOrder":84},{"sectionNumber":"53","sectionType":"section","heading":"Preparation of reports by Head, Recycling Victoria","content":"\t53 Preparation of reports by Head, Recycling Victoria\n\n(1) This section applies to a report prepared by the Head, Recycling Victoria under this Act if the information in that report cannot be disclosed in the manner specified in section 55(2)(i).\n\n(2) If, in the opinion of the Head, Recycling Victoria, a report will contain confidential or commercially-sensitive information, the Head, Recycling Victoria must divide the report into—\n\n(a) a document containing the confidential or commercially-sensitive information; and\n\n(b) another document containing the rest of the report.\n\n(3) If the Head, Recycling Victoria is required to publish a report to which this section applies, a reference to the report is to be read as a reference to the document described in subsection (2)(b).\n\n","sortOrder":85},{"sectionNumber":"54","sectionType":"section","heading":"Minister may direct Head, Recycling Victoria to prepare a report","content":"\t54 Minister may direct Head, Recycling Victoria to prepare a report\n\n(1) The Minister may direct the Head, Recycling Victoria to prepare a report relating to a specified matter.\n\n","sortOrder":86},{"sectionNumber":"55","sectionType":"section","heading":"Unauthorised disclosure of confidential information","content":"\t55 Unauthorised disclosure of confidential information\n\n(1) A person must not disclose any confidential information or commercially-sensitive information obtained by the person during the exercise of a power or performance of a function or duty under, or in connection with, this Act or the regulations except in accordance with this Part.\n\nPenalty: 120 penalty units.\n\n(2) Subsection (1) does not apply to the following disclosures of confidential information or commercially-sensitive information—\n\n(a) a disclosure made in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or any other Act or the regulations;\n\n(b) a disclosure made with the consent of the person to whom the information relates;\n\n(c) a disclosure made to a court or tribunal in the course of legal proceedings;\n\n(d) a disclosure made pursuant to an order of a court or tribunal;\n\n(e) a disclosure of information that is in the public domain at the time of the disclosure other than as the result of a disclosure prohibited under this Act or any other Act;\n\n(f) a disclosure made to an Australian legal practitioner for the purposes of obtaining legal advice or representation;\n\n(g) a disclosure to the IBAC made as required or authorised by or under this Act or the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n(h) a disclosure made under section 50 to a government agency;\n\n(i) a disclosure made such that the information is aggregated with other information and de‑identified so as to conceal its source;\n\n(j) a disclosure to any of the following agencies to enable the agency to prevent, detect, investigate or prosecute an offence—\n\n(i) the Environment Protection Authority;\n\n(ii) Victoria Police;\n\n(iii) the Australian Federal Police;\n\n(iv) the Victorian WorkCover Authority;\n\n(v) the IBAC;\n\nS. 55(2)(j)(vi) substituted by No. 36/2022 s. 10.\n\n(vi) the Victorian Inspectorate;\n\nS. 55(2)(j)(vii) inserted by No. 36/2022 s. 10.\n\n(vii) the Ombudsman;\n\nS. 55(2)(j)(viii) inserted by No. 36/2022 s. 10.\n\n(viii) the Auditor-General;\n\nS. 55(2)(j)(ix) inserted by No. 36/2022 s. 10.\n\n(ix) a prescribed person or body;\n\n(k) a disclosure made to prevent or minimise a serious risk of—\n\n(i) failure of, or disruption to, waste, recycling or resource recovery services; or\n\n(ii) harm to human health or the environment;\n\n(l) a disclosure of information to a government agency if the disclosure—\n\n(i) is necessary for research or the compiling or analysis of statistics; and\n\n(ii) does not include personal information; and\n\n(iii) is in the public interest.\n\n","sortOrder":87},{"sectionNumber":"Part 4","sectionType":"part","heading":"Procurement","content":"Part 4—Procurement\n\nS. 56 (Heading) amended by No. 9/2022 s. 28(1).\n\n","sortOrder":88},{"sectionNumber":"56","sectionType":"section","heading":"Procurement agreements between the Head, Recycling Victoria and councils and Alpine Resorts Victoria","content":"\t56 Procurement agreements between the Head, Recycling Victoria and councils and Alpine Resorts Victoria\n\n(1) The Head, Recycling Victoria may enter into a written agreement with a council that intends to procure a waste, recycling or resource recovery service for the municipal district of the council.\n\nS. 56(2) amended by No. 9/2022 s. 28(2).\n\n(2) The Head, Recycling Victoria may enter into a written agreement with Alpine Resorts Victoria that intends to procure a waste, recycling or resource recovery service for land within an alpine resort.\n\n(3) An agreement under subsection (1) or (2) may provide for any of the following—\n\nS. 56(3)(a) amended by No. 9/2022 s. 28(3)(a).\n\n(a) the process by which the council or Alpine Resorts Victoria is to procure the waste, recycling or resource recovery service;\n\nS. 56(3)(b) amended by No. 9/2022 s. 28(3)(b).\n\n(b) requirements or provisions that must be included in a contract entered into by the council or Alpine Resorts Victoria for the procurement of the waste, recycling or resource recovery service;\n\n(c) the enforcement of a contract referred to in paragraph (b), including but not limited to penalties to which a party to the contract may be liable if the party fails to comply with the contract;\n\nS. 56(3)(d) amended by No. 9/2022 s. 28(3)(c).\n\n(d) conditions or standards with which the council or Alpine Resorts Victoria must comply at any stage during the procurement process;\n\nS. 56(3)(e) amended by No. 9/2022 s. 28(3)(d)(e).\n\n(e) the enforcement of the agreement by the Head, Recycling Victoria, including but not limited to penalties to which the council or Alpine Resorts Victoria may be liable if the council or Alpine Resorts Victoria—\n\n(i) fails to comply with the agreement; or\n\n(ii) withdraws from the agreement before the procurement process is complete;\n\n(f) any prescribed matter.\n\n(4) The Head, Recycling Victoria may—\n\nS. 56(4)(a) amended by No. 9/2022 s. 28(4)(a).\n\n(a) enter into more than one agreement under subsection (1) or (2) with a single council or Alpine Resorts Victoria (as appropriate); or\n\nS. 56(4)(b) amended by No. 9/2022 s. 28(4)(b).\n\n(b) enter into a single agreement under subsection (1) or (2) with more than one council (as appropriate).\n\nS. 56(5) amended by No. 9/2022 s. 28(5).\n\n(5) Despite anything to the contrary in an agreement under subsection (1) or (2), a council or Alpine Resorts Victoria is not liable to a penalty under the agreement merely because the council or Alpine Resorts Victoria withdraws from that agreement before the relevant procurement process is complete if the Head, Recycling Victoria is satisfied that in the circumstances it would be manifestly unjust to require the council or Alpine Resorts Victoria to complete the procurement process.\n\nS. 57 (Heading) amended by No. 9/2022 s. 29(1).\n\n","sortOrder":89},{"sectionNumber":"57","sectionType":"section","heading":"Head, Recycling Victoria may provide councils or Alpine Resorts Victoria with procurement advice and support","content":"\t57 Head, Recycling Victoria may provide councils or Alpine Resorts Victoria with procurement advice and support\n\nS. 57(1) amended by No. 9/2022 s. 29(2).\n\n(1) The Head, Recycling Victoria may provide advice and support to a council or Alpine Resorts Victoria for the purposes of enabling or facilitating the council or Alpine Resorts Victoria—\n\n(a) to enter into or manage a contract for the procurement of waste, recycling or resource recovery services; or\n\n(b) to engage in procurement activities; or\n\n(c) to engage in a prescribed activity.\n\n(2) Without limiting subsection (1), advice or support under that subsection may take one or more of the following forms—\n\nS. 57(2)(a) amended by No. 9/2022 s. 29(3).\n\n(a) education and training for persons appointed or engaged by the council or Alpine Resorts Victoria;\n\n(b) manuals, recommendations or model contract provisions.\n\n","sortOrder":90},{"sectionNumber":"58","sectionType":"section","heading":"Procurement guidelines","content":"\t58 Procurement guidelines\n\nS. 58(1) amended by No. 9/2022 s. 30(1).\n\n(1) The Head, Recycling Victoria may issue guidelines relating to the procurement of waste, recycling or resource recovery services by councils or Alpine Resorts Victoria.\n\nS. 58(2) amended by No. 9/2022 s. 30(2).\n\n(2) A council or Alpine Resorts Victoria that is subject to guidelines issued under subsection (1) must have regard to those guidelines.\n\n(3) If the Head, Recycling Victoria issues guidelines under subsection (1), the Head, Recycling Victoria must publish the guidelines on a website maintained by the Department.\n\n","sortOrder":91},{"sectionNumber":"59","sectionType":"section","heading":"Matters the Head, Recycling Victoria must take into account","content":"\t59 Matters the Head, Recycling Victoria must take into account\n\n(1) When performing a function or duty or exercising a power under this Part, the Head, Recycling Victoria must take the following into account—\n\n(a) a procurement process should be as streamlined as possible;\n\n(b) the provision of waste, recycling or resource recovery services should be consistent, high quality and localised;\n\n(c) the provision of waste, recycling or resource recovery services should provide value for money and efficient use of resources;\n\n(d) the provision of waste, recycling or resource recovery services should be continually improving;\n\n(e) a procurement process should be transparent and fair and provide accountability;\n\n(f) any prescribed matter.\n\n(2) When performing a function or duty or exercising a power under this Part, the Head, Recycling Victoria may take into account any matter that the Head, Recycling Victoria reasonably considers relevant.\n\n","sortOrder":92},{"sectionNumber":"Part 5","sectionType":"part","heading":"Waste and recycling services","content":"Part 5—Waste and recycling services\n\n","sortOrder":93},{"sectionNumber":"Div 1","sectionType":"division","heading":"Mandatory service provision by councils","content":"Division 1—Mandatory service provision by councils\n\nS. 60 (Heading) amended by No. 9/2022 s. 31(1).\n\n","sortOrder":94},{"sectionNumber":"60","sectionType":"section","heading":"Councils and Alpine Resorts Victoria to provide municipal residual waste and municipal recycling services","content":"\t60 Councils and Alpine Resorts Victoria to provide municipal residual waste and municipal recycling services\n\n(1) A council must provide the following services, in accordance with this Act and the regulations—\n\n(a) on and from a prescribed date—a municipal residual waste service to land in its municipal district;\n\n(b) on and from a prescribed date—a municipal recycling service (other than for glass or for food organics and garden organics material) to land in its municipal district that is used primarily for residential purposes;\n\n(c) on and from a prescribed date—a municipal recycling service for glass to land in its municipal district that is used primarily for residential purposes;\n\n(d) on and from a prescribed date—a municipal food organics and garden organics service to land in its municipal district that is used primarily for residential purposes;\n\n(e) on and from a prescribed date—a prescribed municipal service to land in its municipal district that is used for a prescribed purpose.\n\nS. 60(2) amended by No. 9/2022 s. 31(2)(a).\n\n(2) Alpine Resorts Victoria must provide the following services, in accordance with this Act and the regulations—\n\nS. 60(2)(a) amended by No. 9/2022 s. 31(2)(b).\n\n(a) on and from a prescribed date—a municipal residual waste service to land in an alpine resort;\n\nS. 60(2)(b) amended by No. 9/2022 s. 31(2)(b).\n\n(b) on and from a prescribed date—a municipal recycling service (other than for glass or for food organics and garden organics material) to land in an alpine resort;\n\nS. 60(2)(c) amended by No. 9/2022 s. 31(2)(b).\n\n(c) on and from a prescribed date—a municipal recycling service for glass to land in an alpine resort;\n\nS. 60(2)(d) amended by No. 9/2022 s. 31(2)(b).\n\n(d) on and from a prescribed date—a municipal food organics and garden organics service to land in an alpine resort;\n\nS. 60(2)(e) amended by No. 9/2022 s. 31(2)(b).\n\n(e) on and from a prescribed date—a prescribed municipal service to land in an alpine resort that is used for a prescribed purpose.\n\nSee definitions of ***municipal food organics and garden organics service***, ***municipal recycling service***, and ***municipal residual waste service*** in section 3(1).\n\n(3) Nothing in this Act entitles a person to a service under subsection (1) or (2) other than in accordance with this Part.\n\nDivision 2—Mandatory sorting by entities\n\nS. 61 amended by No. 36/2022 s. 11.\n\n","sortOrder":95},{"sectionNumber":"61","sectionType":"section","heading":"Entities to sort waste and recycling materials","content":"\t61 Entities to sort waste and recycling materials\n\nA prescribed entity, or an entity of a prescribed class, or a prescribed person or a person of a prescribed class, must comply with any prescribed requirement for the sorting and separating of waste or recycling materials that applies to it.\n\nDivision 3—Service standards\n\n","sortOrder":96},{"sectionNumber":"62","sectionType":"section","heading":"Preparation of service standards","content":"\t62 Preparation of service standards\n\n(1) The Head, Recycling Victoria may prepare a service standard.\n\n(2) The Head, Recycling Victoria must submit a service standard to the Minister for approval.\n\n(3) A service standard must provide for the quality and performance standards for the delivery of a waste, recycling or resource recovery service.\n\n(4) A service standard may provide for—\n\nS. 62(4)(a) amended by No. 36/2022 s. 12.\n\n(a) the persons or classes of person, or entities or classes of entity to whom the standard applies; and\n\nS. 62(4)(b) amended by No. 36/2022 s. 12.\n\n(b) the persons or classes of person, or entities or classes of entity exempt from the standard; and\n\n(c) the services or classes of service to which the standard applies; and\n\n(d) separating and sorting specified types of waste; and\n\n(e) separating and sorting specified types of recycling material; and\n\n(f) the methods of identifying types of waste and recycling material; and\n\n(g) the contents of particular bins used in municipal residual waste or municipal recycling services provided for or on behalf of a council; and\n\n(h) service performance and reporting, and may include the following—\n\n(i) the rates of recycling of specified types of recycling material or classes of recycling material;\n\n(ii) the rates of contamination of waste or recycling material;\n\n(iii) the rates of waste sent to landfill;\n\n(iv) the quality of recycling material;\n\n(v) the details of the reuse of recycled material;\n\n(vi) comparisons of matters referred to in subparagraphs (i) to (v) across different periods of reporting;\n\n(vii) the continuity of service where risk of failure or disruption may arise; and\n\n(i) different standards or requirements for different types of services; and\n\n(j) different standards or requirements for different types of material or waste; and\n\n(k) different standards or requirements for different metropolitan or regional areas; and\n\n(l) any other matter the Head, Recycling Victoria considers relevant or that the Minister directs.\n\n","sortOrder":97},{"sectionNumber":"63","sectionType":"section","heading":"Making of service standards","content":"\t63 Making of service standards\n\n(1) On receiving a service standard for approval, the Minister may—\n\n(a) approve the standard; or\n\n(b) refuse to approve the standard.\n\n(2) The Minister must publish notice of the approval of the standard in the Government Gazette.\n\n(3) A standard takes effect on a day or days specified in the standard.\n\n","sortOrder":98},{"sectionNumber":"64","sectionType":"section","heading":"Review of service standards","content":"\t64 Review of service standards\n\n(1) The Minister—\n\n(a) must review a service standard at intervals of no longer than 3 years; and\n\n(b) may review a service standard at any time at the request of the Head, Recycling Victoria, if the Minister is satisfied that it is in the public interest to do so.\n\n(2) The Head, Recycling Victoria may make a request under subsection (1)(b) only if the Head, Recycling Victoria is satisfied that it is in the public interest to do so.\n\n(3) For the purposes of subsection (1), the Head, Recycling Victoria—\n\n(a) must provide to the Minister advice relating to—\n\n(i) the operation and performance of the standard during the preceding 3 years; and\n\n(ii) any amendments required to be made to the standard to improve its operation; and\n\n(b) may provide to the Minister advice relating to—\n\n(i) compliance with the standard during the preceding 3 years; and\n\n(ii) any amendments required to be made to the standard to improve compliance with it.\n\n(4) The advice referred to in subsection (3) must be provided to the Minister—\n\n(a) within 6 months of the review taking place; or\n\n(b) if the Minister specifies an earlier or later day, by that day.\n\n","sortOrder":99},{"sectionNumber":"65","sectionType":"section","heading":"Notice of proposal to make, amend or revoke service standards","content":"\t65 Notice of proposal to make, amend or revoke service standards\n\n(1) The Minister must publish notice of the Minister's proposal to make, amend or revoke a service standard (a ***proposal notice***).\n\n(2) A proposal notice must—\n\n(a) summarise the relevant standard; and\n\n(b) specify where a copy of the standard may be inspected; and\n\n(c) invite written comments on the standard; and\n\n(d) specify the date by which a comment must be given, being a date which is at least 28 days after the date on which the proposal notice is published; and\n\n(e) specify the address to which a comment must be sent; and\n\n(f) be published in the Government Gazette and any other publication the Minister considers appropriate.\n\n(3) The Minister is not required to comply with this section if the Minister proposes to amend a service standard only to correct a mistake.\n\n","sortOrder":100},{"sectionNumber":"66","sectionType":"section","heading":"Minister must consider advice","content":"\t66 Minister must consider advice\n\nBefore deciding whether to make, amend or revoke a service standard, the Minister—\n\n(a) must consider any advice or comment the Minister receives—\n\n(i) from the Head, Recycling Victoria; and\n\n(ii) from an advisory committee referred to in section 37(2); and\n\n(iii) under section 65(2); and\n\n(b) may consider any advice the Minister receives from any other advisory committee the Minister considers relevant.\n\n","sortOrder":101},{"sectionNumber":"67","sectionType":"section","heading":"Minister may make, amend or revoke a service standard","content":"\t67 Minister may make, amend or revoke a service standard\n\nAfter considering any comment or advice received under this Part, the Minister may do any of the following—\n\n(a) make or refuse to make the service standard without any amendment;\n\n(b) amend or refuse to amend the service standard;\n\n(c) revoke or refuse to revoke the service standard.\n\n","sortOrder":102},{"sectionNumber":"68","sectionType":"section","heading":"Minister may request review of service standards","content":"\t68 Minister may request review of service standards\n\n(1) The Minister, by written notice, may direct the Head, Recycling Victoria—\n\n(a) to review the operation of a service standard; and\n\n(b) to report to the Minister on the results of that review.\n\n(2) The Head, Recycling Victoria must comply with a direction under subsection (1)—\n\n(a) within 6 months of receiving it; or\n\n(b) if the notice specified an earlier or later day, by that day.\n\n","sortOrder":103},{"sectionNumber":"69","sectionType":"section","heading":"Offence to refuse or fail to comply with applicable service standards","content":"\t69 Offence to refuse or fail to comply with applicable service standards\n\n(1) A person who provides a waste, recycling or resource recovery service must not, without reasonable excuse, refuse or fail to comply with a service standard that applies to the service.\n\n(2) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n","sortOrder":104},{"sectionNumber":"70","sectionType":"section","heading":"Agreements must incorporate relevant service standards","content":"\t70 Agreements must incorporate relevant service standards\n\n(1) This section applies to a person who provides a waste, recycling or resource recovery service.\n\n(2) Any agreement entered into in connection with providing the waste, recycling or resource recovery service must incorporate by reference any service standard that applies to the service.\n\n(3) Any invitation for applications for agreements referred to subsection (2) must specify that the agreement must comply with the requirements set out in that subsection.\n\n","sortOrder":105},{"sectionNumber":"71","sectionType":"section","heading":"Offence to refuse or fail to incorporate relevant service standards","content":"\t71 Offence to refuse or fail to incorporate relevant service standards\n\n(1) A person who provides a waste, recycling or resource recovery service must not, without reasonable excuse, refuse or fail to comply with section 70(2).\n\n(2) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n","sortOrder":106},{"sectionNumber":"72","sectionType":"section","heading":"Head, Recycling Victoria may issue notice requiring information","content":"\t72 Head, Recycling Victoria may issue notice requiring information\n\n(1) The Head, Recycling Victoria may issue to a person providing a waste, recycling or resource recovery service a notice requiring the person to produce any of the following within the time specified in the notice—\n\n(a) a copy of any agreement entered into in connection with providing the service;\n\n(b) a document or class of document specified in the notice that is in the person's possession, custody or control;\n\n(c) any information or class of information relating to a waste, recycling or resource recovery service specified in the notice that is known to the person.\n\n(2) A notice issued under subsection (1) must—\n\n(b) specify the person to whom it is issued; and\n\n(c) state the purpose of the notice; and\n\n(d) state the period within which the person must comply with the notice being not less than 10 business days or the prescribed number of business days; and\n\n(e) in the case of a notice issued to a natural person, notify the person that they may refuse or fail to give the document or information specified in the notice if doing so would tend to incriminate the person.\n\n","sortOrder":107},{"sectionNumber":"73","sectionType":"section","heading":"Offence to fail to comply with notice","content":"\t73 Offence to fail to comply with notice\n\n(1) A person must not, without reasonable excuse, refuse or fail to comply with a notice issued under section 72(1).\n\n(2) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n(a) in the case of a natural person, 120 penalty units; or\n\n(b) in the case of a body corporate, 240 penalty units.\n\n\t74 Duty of providers of essential waste, recycling or resource recovery services to minimise risk of failure, disruption or hinderance of service\n\n(1) A person who is providing an essential waste, recycling or resource recovery service, so far as is reasonably practicable, must minimise the risk of serious failure, disruption or hinderance of the service.\n\n(2) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n(4) In determining whether a person has contravened subsection (1), regard must be had to all the circumstances including the following matters—\n\n(a) the nature and extent of the risk and the likelihood of it occurring;\n\n(b) the degree of harm that would result if the risk occurred;\n\n(c) what the person knew, or ought reasonably to have known, about the risk;\n\n(d) the measures available and suitable to reduce the risk;\n\n(e) the cost of reducing the risk;\n\n(f) the steps taken by the person to notify the Head, Recycling Victoria of the matters referred to in paragraphs (a) and (b).\n\nPt 5 Div. 4 (Heading and ss 74A–74K) inserted by No. 36/2022 s. 13.\n\nDivision 4—Risk, consequence and contingency plans\n\nS. 74A inserted by No. 36/2022 s. 13.\n\n","sortOrder":108},{"sectionNumber":"74A","sectionType":"section","heading":"Definition of responsible entity","content":"\t74A Definition of responsible entity\n\nIn this Division—\n\n***responsible entity*** means an entity prescribed for the purposes of this Division.\n\nS. 74B inserted by No. 36/2022 s. 13.\n\n","sortOrder":109},{"sectionNumber":"74B","sectionType":"section","heading":"Circular Economy Risk, Consequence and Contingency Plan (CERCC Plan)","content":"\t74B Circular Economy Risk, Consequence and Contingency Plan (CERCC Plan)\n\n(1) The Head, Recycling Victoria must prepare and submit to the Minister for approval a CERCC Plan on or before 31 December each year.\n\n(2) The CERCC Plan must, in accordance with the regulations and any guidelines issued under section 74K—\n\n(a) identify risks of serious failure, disruption or hindrance to the provision of waste, recycling or resource recovery services; and\n\n(b) identify risks of a financial nature to Victoria's transition to a circular economy and to responsible entities or any class of responsible entity; and\n\n(c) outline the consequences of the risks identified under paragraphs (a) and (b), including the severity of the harm that may result; and\n\n(d) specify any suitable measures that the responsible entity is required to take to prevent or minimise the risks identified under paragraphs (a) and (b), including, but not limited to measures specified in contingency plans prepared by the Head, Recycling Victoria for the whole of Victoria and in the market report submitted under section 32C; and\n\n(e) specify any action that any responsible entity proposes to take to prevent or minimise a risk identified under paragraph (a) or (b); and\n\n(f) identify issues relating to performance or supply (including issues relating to the generation, collection, sorting, reprocessing or re-manufacturing of waste) within the circular economy market or a part of the market; and\n\n(g) outline any consultation that the Head, Recycling Victoria has carried out for the purposes of preparing the CERCC Plan; and\n\n(h) specify measures required to address any issues identified during the consultation described in paragraph (g); and\n\n(i) include any prescribed matter.\n\n(3) On receiving a proposed CERCC Plan for approval, the Minister must—\n\n(a) approve the proposed CERCC Plan, subject to any amendments specified in the approval; or\n\n(b) refuse to approve the proposed Plan; or\n\n(c) return the proposed Plan to the Head, Recycling Victoria for further revision.\n\n(4) Before approving or refusing to approve a proposed CERCC Plan, the Minister, in accordance with any guidelines issued under section 74K—\n\n(a) must consult with any prescribed person or entity; and\n\n(b) may consult with any responsible entities that the Minister considers appropriate.\n\n(5) The Minister may at any time, on advice from the Head, Recycling Victoria, direct the Head, Recycling Victoria—\n\n(a) to revoke a CERCC Plan; and\n\n(b) to prepare and submit to the Minister for approval under this section a new CERCC Plan within a specified period.\n\n(6) The Minister may at any time, on advice from the Head, Recycling Victoria, direct the Head, Recycling Victoria—\n\n(a) to vary a CERCC Plan; and\n\n(b) to prepare and submit to the Minister for approval under this section the varied CERCC Plan within a specified period.\n\nS. 74C inserted by No. 36/2022 s. 13.\n\n","sortOrder":110},{"sectionNumber":"74C","sectionType":"section","heading":"Notification and publication","content":"\t74C Notification and publication\n\n(1) The Minister must notify the Head, Recycling Victoria in writing as soon as reasonably practicable after the Minister approves or refuses to approve a proposed CERCC Plan under section 74B(3).\n\n(2) Subject to subsection (3), if the Minister approves a CERCC Plan, the Minister must ensure that the CERCC Plan is published on a website maintained by the Department.\n\n(3) The Minister may refuse to publish a CERCC Plan or any part of a CERCC Plan if the Minister, having regard to any advice from the Head, Recycling Victoria, considers that it is not in the public interest to do so.\n\nS. 74D inserted by No. 36/2022 s. 13.\n\n","sortOrder":111},{"sectionNumber":"74D","sectionType":"section","heading":"Responsible entity must comply with CERCC Plan","content":"\t74D Responsible entity must comply with CERCC Plan\n\n(1) A responsible entity must not, without reasonable excuse, fail to comply with any requirement of the CERCC Plan that is in force.\n\n(3) The responsible entity must not, without reasonable excuse, fail to notify the Head, Recycling Victoria as soon as reasonably practicable after becoming aware that the responsible entity is unable to comply with a requirement of the CERCC Plan.\n\nS. 74E inserted by No. 36/2022 s. 13.\n\n","sortOrder":112},{"sectionNumber":"74E","sectionType":"section","heading":"Review of CERCC Plans","content":"\t74E Review of CERCC Plans\n\n(1) The Minister may direct the Head, Recycling Victoria to prepare a written report on a CERCC Plan.\n\n(3) A report prepared under this section may—\n\n(a) consider the ongoing suitability of the CERCC Plan and the effectiveness of measures in the CERCC Plan to prevent or minimise any risks identified in the CERCC Plan; or\n\n(b) review the compliance of a responsible entity or class of responsible entity with the CERCC Plan; or\n\n(c) set out any actions the Head, Recycling Victoria has carried out or proposes to carry out in response to the report; or\n\n(d) make any recommendations that the Head, Recycling Victoria considers appropriate.\n\nS. 74F inserted by No. 36/2022 s. 13.\n\n","sortOrder":113},{"sectionNumber":"74F","sectionType":"section","heading":"Responsible Entity Risk, Consequence and Contingency Plans (RERCC Plans)","content":"\t74F Responsible Entity Risk, Consequence and Contingency Plans (RERCC Plans)\n\n(1) A responsible entity must prepare and submit to the Head, Recycling Victoria a RERCC Plan—\n\n(a) on or before 30 September 2024; and\n\n(b) on or before 30 September of each subsequent year.\n\n(2) A RERCC Plan must, in accordance with the regulations and the guidelines—\n\n(a) identify risks of serious failure, disruption or hinderance to the provision of essential waste, recycling or resource recovery services by the responsible entity; and\n\n(b) specify the actions and contingency measures that the responsible entity is taking, or proposes to take, to prevent or minimise the risks identified under paragraph (a); and\n\n(c) demonstrate that the RERCC Plan complies with, and is prepared having regard to, the CERCC Plan; and\n\n(d) be accompanied by a statement of assurance prepared in accordance with section 74G; and\n\n(e) include any prescribed matter.\n\nS. 74G inserted by No. 36/2022 s. 13.\n\n","sortOrder":114},{"sectionNumber":"74G","sectionType":"section","heading":"Statement of assurance","content":"\t74G Statement of assurance\n\n(1) A responsible entity must submit a statement of assurance to the Head, Recycling Victoria—\n\n(a) on or before 30 September 2024; and\n\n(b) on or before 30 September of each subsequent year.\n\n(2) A statement of assurance under subsection (1) must—\n\n(a) be prepared in accordance with the regulations and the guidelines; and\n\n(b) contain an attestation in accordance with subsection (3) signed by an officer of the responsible entity who has control or substantial control over the management of the responsible entity.\n\n(3) An attestation must state—\n\n(a) that the RERCC Plan prepared under section 74F to which the attestation relates—\n\n(i) is prepared in accordance with this Act and the regulations; and\n\n(ii) is prepared having regard to, and complies with, the CERCC Plan; and\n\n(iii) is prepared using accurate and  \nup-to-date information; and\n\n(iv) does not contain any information or statement that is false or misleading in a material particular; and\n\n(b) whether the responsible entity has carried out each action or contingency measure that is specified in the RERCC Plan to be carried out before the submission of the statement of assurance; and\n\n(c) if the responsible entity has not carried out an action or contingency measure described in paragraph (b), the reason for the failure to do so; and\n\n(d) that the responsible entity will carry out each action and contingency measure that is specified in the RERCC Plan to be carried out after the submission of the statement of assurance.\n\nS. 74H inserted by No. 36/2022 s. 13.\n\n","sortOrder":115},{"sectionNumber":"74H","sectionType":"section","heading":"Responsible entity must comply with RERCC Plan","content":"\t74H Responsible entity must comply with RERCC Plan\n\n(1) A responsible entity must not, without reasonable excuse, fail to comply with a requirement of its RERCC Plan.\n\n(3) The responsible entity must not, without reasonable excuse, fail to notify the Head, Recycling Victoria as soon as reasonably practicable after becoming aware that the responsible entity is unable to comply with a requirement of its RERCC Plan.\n\nS. 74I inserted by No. 36/2022 s. 13.\n\n","sortOrder":116},{"sectionNumber":"74I","sectionType":"section","heading":"Review of RERCC Plans","content":"\t74I Review of RERCC Plans\n\n(1) The Minister may direct the Head, Recycling Victoria to prepare a written report on—\n\n(a) the RERCC Plan of a specified responsible entity; or\n\n(b) the RERCC Plans of a specified class of responsible entity.\n\n(3) A report prepared under this section may—\n\n(a) review the compliance of a responsible entity with its RERCC Plan; and\n\n(b) set out any actions the Head, Recycling Victoria has carried out or proposes to carry out in response to the report; and\n\n(c) make any recommendations that the Head, Recycling Victoria considers appropriate.\n\n(4) The Head, Recycling Victoria may, after preparing a report under this section, require a responsible entity or a specified class of responsible entity—\n\n(a) to make specified amendments to a RERCC Plan; or\n\n(b) to withdraw a RERCC Plan and prepare a new RERCC Plan in accordance with section 74F.\n\n(5) For the purposes of section 74H(1), a requirement under subsection (4) is taken to be a requirement of the responsible entity's RERCC Plan.\n\nS. 74J inserted by No. 36/2022 s. 13.\n\n","sortOrder":117},{"sectionNumber":"74J","sectionType":"section","heading":"Information gathering","content":"\t74J Information gathering\n\n(1) Without limiting section 117, the Head, Recycling Victoria may require a responsible entity to provide the Head, Recycling Victoria with any information or document specified in subsection (2) for the purposes of determining whether—\n\n(a) the responsible entity is complying with its RERCC Plan; or\n\n(b) its RERCC Plan is or remains suitable to prevent or minimise risks of serious failure, disruption or hinderance to the provision of essential waste, recycling or resource recovery services.\n\n(2) For the purposes of subsection (1), the following information and documents are specified—\n\n(a) any draft or final version of a RERCC Plan prepared by the responsible entity;\n\n(b) any information or document the Head, Recycling Victoria reasonably considers necessary for the determination, including but not limited to—\n\n(i) information or documents relating to the statement of assurance accompanying the RERCC Plan under section 74G; and\n\n(ii) any document used by the responsible entity to prepare the RERCC Plan or statement of assurance; and\n\n(iii) any document prepared during the preparation, development or implementation of the RERCC Plan.\n\nS. 74K inserted by No. 36/2022 s. 13.\n\n","sortOrder":118},{"sectionNumber":"74K","sectionType":"section","heading":"Guidelines in relation to risk, consequence and contingency planning","content":"\t74K Guidelines in relation to risk, consequence and contingency planning\n\n(1) The Head, Recycling Victoria may issue guidelines in respect of risk, consequence and contingency planning by responsible entities, including but not limited to—\n\n(a) the contents of and compliance with the CERCC Plan; or\n\n(b) the methodology for developing the CERCC Plan, including any consultation requirements; or\n\n(c) the contents of and compliance with a RERCC Plan; or\n\n(d) the methodology for developing a RERCC Plan, including any consultation requirements; or\n\n(e) the implementation of, and interaction between, the CERCC Plan and RERCC Plans; or\n\n(f) reporting requirements, whether internal or external, for responsible entities; or\n\n(g) contingency measures for the prevention or minimisation of risks within the circular economy market; or\n\n(h) reporting requirements within and by responsible entities; or\n\n(i) matters that RERCC Plans must contain; or\n\n(j) the format of RERCC Plans.\n\n(2) Guidelines issued under this section must be published on a website maintained by the Department.\n\nPt 5A (Headings and ss 74L–74ZM) inserted by No. 36/2022 s. 14.\n\n","sortOrder":119},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Waste to energy scheme","content":"Part 5A—Waste to energy scheme\n\nS. 74L inserted by No. 36/2022 s. 14.\n\n","sortOrder":120},{"sectionNumber":"74L","sectionType":"section","heading":"Definitions","content":"\t74L Definitions\n\n***advanced recycling process*** means a prescribed advanced recycling process;\n\n***allocated cap amount***, in relation to a cap licence, means the amount of permitted waste specified in the licence under section 74T(5)(a), as amended under section 74ZB or 74ZC;\n\n***approved applicant*** means a person that the Head, Recycling Victoria has determined under section 74R(4) or (5) may apply for a cap licence for a proposed thermal waste to energy facility or an existing facility (as appropriate);\n\n***banned waste*** means—\n\n(a) waste other than permitted waste or exempt waste; and\n\n(b) eligible containers;\n\n***biological waste to energy process*** means a process that uses microbial action to recover energy from waste;\n\n***cap licence*** means a licence issued under section 74T;\n\n***cap limit*** means the prescribed maximum aggregate amount (expressed in tonnes per financial year) of permitted waste that is specified in cap licences issued by the Head, Recycling Victoria as permitted waste that may be processed in thermal waste to energy facilities using thermal waste to energy processes (including cap licences suspended under section 74ZD or 74ZE);\n\n***exempt waste*** means waste prescribed to be exempt waste;\n\n***existing facility*** means a facility or proposed facility in relation to which each licence or permit (however described) required under the **Environment Protection Act 2017** or the **Planning and Environment Act 1987** for permitted waste to be processed using a thermal waste to energy process at the facility—\n\n(a) is in force; and\n\n(b) was in force immediately before 1 November 2021 (whether or not any permitted waste had been processed using a thermal waste to energy process at the facility before that day);\n\n***existing operator*** means a person who operates an existing facility;\n\n***existing operator licence*** means a licence issued under section 74Y;\n\nS. 74L def. of *municipal garden organics service* amended by No. 41/2025 s. 3(Sch. 1 item 10.1).\n\n***municipal garden organics service*** means a service provided by or on behalf of a council or Alpine Resorts Victoria—\n\n(a) that collects, manages, transports and processes garden organics; or\n\n(b) that is prescribed to be a municipal garden organics service—\n\nbut does not include any service prescribed not to be a municipal garden organics service;\n\n***permitted waste***—see section 74N;\n\n***thermal waste to energy facility*** means a facility that processes waste using a thermal waste to energy process;\n\n***thermal waste to energy process***—see section 74M;\n\n***waste to energy licence*** means—\n\n(a) a cap licence; or\n\n(b) an existing operator licence.\n\nS. 74M inserted by No. 36/2022 s. 14.\n\n","sortOrder":121},{"sectionNumber":"74M","sectionType":"section","heading":"Thermal waste to energy processes","content":"\t74M Thermal waste to energy processes\n\n(1) Subject to this section, a thermal waste to energy process means—\n\n(a) a thermal process used—\n\n(i) to recover energy from waste in the form of heat (which may be converted to steam or electricity); or\n\n(ii) to produce fuel from waste; or\n\n(b) a thermal waste to energy process prescribed by the regulations.\n\n(2) A thermal waste to energy process does not include—\n\n(a) an advanced recycling process; or\n\n(b) a biological waste to energy process; or\n\n(c) landfill gas collection and combustion; or\n\n(d) the incineration of waste without energy recovery; or\n\n(e) a process that recovers energy from a material other than waste; or\n\n(f) a process prescribed not to be a thermal waste to energy process.\n\nS. 74N inserted by No. 36/2022 s. 14.\n\n","sortOrder":122},{"sectionNumber":"74N","sectionType":"section","heading":"Permitted waste","content":"\t74N Permitted waste\n\n(1) Subject to this section, ***permitted waste*** means—\n\n(a) waste that cannot reasonably be the subject of any further recycling; or\n\n(b) waste prescribed to be permitted waste—\n\nbut does not include exempt waste or any waste prescribed not to be permitted waste.\n\n(2) Municipal residual waste is permitted waste if—\n\nS. 74N(2)(a)  amended by No. 41/2025 s. 3(Sch. 1 item 10.2).\n\n(a) in the case of municipal residual waste collected by a municipal residual waste service—the following services are both also provided to land in the council's or Alpine Resorts Victoria's municipal district that is used primarily for residential services—\n\n(i) in the case of municipal residual waste other than municipal recycling material—\n\n(A) before the date prescribed for the purposes of section 60(1)(d) and (2)(d)—a municipal garden organics service; and\n\n(B) on and after that date—a municipal food organics and garden organics service;\n\n(ii) in the case of municipal recycling materials—\n\n(A) before the date prescribed for the purposes of section 60(1)(c) and (2)(c)—a municipal recycling service; and\n\n(B) on and after that date—a municipal recycling service (other than for glass) and a municipal recycling service for glass; or\n\n(b) in the case of any other municipal residual waste—the waste is collected in accordance with this Act or the regulations; or\n\n(c) the waste is prescribed to be permitted waste.\n\n(3) Industrial waste is permitted waste if—\n\n(a) the industrial waste is sorted and separated in accordance with any prescribed requirement that applies to the entity sorting and separating the waste; or\n\n(b) if no prescribed requirement described in paragraph (a) applies, the operator of a waste to energy facility shows, in accordance with the regulations, that it is not technically, environmentally or economically practicable to further reuse or recycle, or to extract further resources or material, from the waste; or\n\n(c) the waste is prescribed to be permitted waste.\n\nDivision 2—Waste to energy licence required for thermal waste to energy processes\n\nS. 74O inserted by No. 36/2022 s. 14.\n\n","sortOrder":123},{"sectionNumber":"74O","sectionType":"section","heading":"Operation of thermal waste to energy facility without a waste to energy licence","content":"\t74O Operation of thermal waste to energy facility without a waste to energy licence\n\n(1) A person operating a thermal waste to energy facility must not process permitted waste at that facility using a thermal waste to energy process except as authorised by a waste to energy licence.\n\nPenalty: In the case of a natural person, 1000 penalty units;\n\nIn the case of a body corporate, 5000 penalty units.\n\nS. 74P inserted by No. 36/2022 s. 14.\n\n","sortOrder":124},{"sectionNumber":"74P","sectionType":"section","heading":"Failure to comply with a condition of a waste to energy licence","content":"\t74P Failure to comply with a condition of a waste to energy licence\n\n(1) The holder of a waste to energy licence must not, without reasonable excuse, fail to comply with any condition of that licence.\n\nPenalty: In the case of a natural person, 500 penalty units;\n\nIn the case of a body corporate, 2500 penalty units.\n\n(3) A person to whom a waste to energy licence is issued must not, without reasonable excuse, fail to notify the Head, Recycling Victoria as soon as practicable after the person becomes aware that—\n\n(a) the person is unable to comply with any condition of the licence; or\n\n(b) the person is likely to fail to comply with any condition of the licence.\n\nPenalty: In the case of a natural person, 500 penalty units;\n\nIn the case of a body corporate, 1800 penalty units.\n\nS. 74Q inserted by No. 36/2022 s. 14.\n\n","sortOrder":125},{"sectionNumber":"74Q","sectionType":"section","heading":"Operation of thermal waste to energy facility using banned waste","content":"\t74Q Operation of thermal waste to energy facility using banned waste\n\n(1) The operator of a thermal waste to energy facility must not process banned waste at that facility using a thermal waste to energy process.\n\nPenalty: In the case of a natural person, 1000 penalty units;\n\nIn the case of a body corporate, 5000 penalty units.\n\nDivision 3—Cap licences\n\nS. 74R inserted by No. 36/2022 s. 14.\n\n","sortOrder":126},{"sectionNumber":"74R","sectionType":"section","heading":"Head, Recycling Victoria may invite expressions of interest for cap licences or increase of allocated cap amount","content":"\t74R Head, Recycling Victoria may invite expressions of interest for cap licences or increase of allocated cap amount\n\n(1) The Head, Recycling Victoria may, in accordance with the regulations, invite expressions of interest to apply for a cap licence from—\n\n(a) persons proposing to operate a thermal waste to energy facility for that facility; and\n\n(b) existing operators proposing to increase the amount of permitted waste that is processed at an existing facility under an existing operator licence.\n\n(2) If the Head, Recycling Victoria is satisfied that the aggregate amount of permitted waste that is specified in cap licences is less than the cap limit, the Head, Recycling Victoria may, in accordance with the regulations, invite expressions of interest from—\n\n(a) persons proposing to operate a thermal waste to energy facility to apply for a cap licence for that facility; and\n\n(b) existing operators proposing to increase the amount of permitted waste that is processed at an existing facility to apply for a cap licence for that existing facility; and\n\n(c) from holders of cap licences to apply under section 74ZB for an increase in the allocated cap amount specified in the cap licence.\n\n(3) An invitation under subsection (1) or (2) must—\n\n(a) specify the information that must be contained in an expression of interest; and\n\n(b) specify a date by which an expression of interest must be made (the ***specified date***); and\n\n(c) contain any prescribed information.\n\n(4) Subject to subsection (7), the Head, Recycling Victoria, on receiving an expression of interest under subsection (1) must determine either that—\n\n(a) the person who has submitted the expression of interest may apply for a cap licence for that proposed thermal waste to energy facility or existing facility under section 74S; or\n\n(b) the person must not apply for a cap licence.\n\n(5) Subject to subsection (7), the Head, Recycling Victoria, on receiving an expression of interest under subsection (2)(a) or (b) must determine either that—\n\n(a) the person who has submitted the expression of interest may apply for a cap licence under section 74S; or\n\n(b) the person must not apply for a cap licence.\n\n(6) Subject to subsection (7), the Head, Recycling Victoria, on receiving an expression of interest under subsection (2)(c) must determine either that—\n\n(a) the person who has submitted the expression of interest may apply for an increase in the allocated cap amount specified in the cap licence under section 74ZB; or\n\n(b) the person must not apply for an increase in the allocated cap amount specified in the cap licence.\n\n(7) The Head, Recycling Victoria may determine that a person may apply for a cap licence or an increase in the allocated cap amount specified in a cap licence if the person's expression of interest is submitted after the specified date if the Head, Recycling Victoria considers it reasonable in the circumstances.\n\n(8) When making a determination under subsection (4), (5) or (6), the Head, Recycling Victoria—\n\n(9) The Head, Recycling Victoria must notify each person who has submitted an expression of interest of the Head, Recycling Victoria's decision under subsection (4), (5) or (6) within 14 days after making that decision.\n\n(10) A notification under subsection (9) must—\n\n(a) contain any prescribed information; and\n\n(b) specify the information that the proposed application must contain; and\n\n(c) specify the date by which the proposed application must be made.\n\nS. 74S inserted by No. 36/2022 s. 14.\n\n","sortOrder":127},{"sectionNumber":"74S","sectionType":"section","heading":"Applications for cap licences","content":"\t74S Applications for cap licences\n\n(1) Subject to subsection (2), a person may apply to the Head, Recycling Victoria for a cap licence if the person is an approved applicant in relation to the proposed thermal waste to energy facility or an existing facility (as appropriate).\n\n(2) A person must not apply under subsection (1) during any period for which the person is disqualified under section 74ZH from applying for a waste to energy licence.\n\n(3) An application under subsection (1) must—\n\n(a) contain the information specified in the notification under section 74R(9); and\n\n(c) be made by the date specified in that notification; and\n\n(d) be accompanied by any prescribed fee.\n\nS. 74T inserted by No. 36/2022 s. 14.\n\n","sortOrder":128},{"sectionNumber":"74T","sectionType":"section","heading":"Issue of cap licences","content":"\t74T Issue of cap licences\n\n(1) Subject to section 74U, the Head, Recycling Victoria, on receiving an application that complies with section 74S(3), must either—\n\nS. 74T(1)(a) substituted by No. 35/2023 s. 24(1).\n\n(a) subject to subsection (3), issue the cap licence, subject to—\n\n(i) any condition specified in this Part; and\n\n(ii) any terms and conditions that the Head, Recycling Victoria considers appropriate; or\n\n(b) refuse to issue the cap licence.\n\n(2) When determining whether to issue a cap licence under subsection (1), the Head, Recycling Victoria—\n\nS. 74T(3) amended by No. 35/2023 s. 24(2).\n\n(3) The Head, Recycling Victoria must not impose a term or condition on a cap licence that is inconsistent with a condition specified in section 74V(b), (ba) or (c).\n\n(4) The Head, Recycling Victoria must not issue a cap licence to a person unless the Head, Recycling Victoria is satisfied that the person is a fit and proper person to operate a thermal waste to energy facility.\n\n(5) A cap licence issued under subsection (1) must—\n\n(a) specify the maximum amount (expressed in tonnes per annum) of permitted waste that may be processed at the proposed thermal waste to energy facility or existing facility each financial year; and\n\n(b) specify the period during which the facility may operate, including the day on which the facility must cease to operate; and  \n\n(c) contain any prescribed matter.\n\n(6) A cap licence remains in force until the earliest of the following—\n\n(a) the day on which the cap licence is revoked under section 74ZF or 74ZG; or\n\n(b) the day specified in the cap licence as the day on which the thermal waste to energy facility must cease to operate; or\n\n(c) the day on which the thermal waste to energy facility ceases to operate.\n\nS. 74U inserted by No. 36/2022 s. 14.\n\n","sortOrder":129},{"sectionNumber":"74U","sectionType":"section","heading":"Cap limit","content":"\t74U Cap limit\n\nThe Head, Recycling Victoria must not issue a cap licence if the issue of that licence would have the effect of specifying an aggregate amount of permitted waste in cap licences issued by the Head, Recycling Victoria (including cap licences suspended under section 74ZD or 74ZE) that exceeds the cap limit.\n\nS. 74V inserted by No. 36/2022 s. 14, amended by No. 35/2023 s. 25(1)(a).\n\n","sortOrder":130},{"sectionNumber":"74V","sectionType":"section","heading":"Conditions on cap licences","content":"\t74V Conditions on cap licences\n\nA cap licence is subject to the following conditions and limitations—\n\nS. 74V(a) amended by No. 35/2023 s. 25(1)(b).\n\n(a) any condition or limitation specified in the licence by the Head, Recycling Victoria under section 74T(1)(a);\n\nS. 74V(b) amended by No. 35/2023 s. 25(1)(c).\n\n(b) the condition that the facility must be fully operational by the day specified in the licence;\n\nS. 74V(ba) inserted by No. 35/2023 s. 25(2).\n\n(ba) the condition that the holder of a cap licence pay any prescribed periodic fee to the Head, Recycling Victoria;\n\n(c) any prescribed condition or limitation.\n\nDivision 4—Existing operator licences\n\nS. 74W inserted by No. 36/2022 s. 14.\n\n","sortOrder":131},{"sectionNumber":"74W","sectionType":"section","heading":"Definitions","content":"\t74W Definitions\n\nIn this Division—\n\n***commencement day*** means the day on which section 14 of the **Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022** comes into operation;\n\n***existing waste processing authority***, in relation to an existing operator, means any licence or permit (however described) issued or granted under the **Environment Protection Act 2017** or the **Planning and Environment Act 1987** that, immediately before 1 November 2021, authorised the existing operator to process permitted waste using a thermal waste to energy process at an existing facility.\n\nS. 74X inserted by No. 36/2022 s. 14.\n\n","sortOrder":132},{"sectionNumber":"74X","sectionType":"section","heading":"Existing operator may apply for existing operator licence","content":"\t74X Existing operator may apply for existing operator licence\n\n(1) Subject to subsection (2), an existing operator may apply to the Head, Recycling Victoria for an existing operator licence in relation to an existing facility within 6 months after the commencement day.\n\n(2) An existing operator must not apply under subsection (1) during any period for which the existing operator is disqualified under section 74ZH from applying for a waste to energy licence.\n\n(3) An application under subsection (1) must—\n\n(a) specify and provide proof of the amount of permitted waste that the existing operator is authorised to process under any existing waste processing authorities in force immediately before the day on which the application is made; and\n\n(c) contain any prescribed information; and\n\n(d) be accompanied by any prescribed fee.\n\nS. 74Y inserted by No. 36/2022 s. 14.\n\n","sortOrder":133},{"sectionNumber":"74Y","sectionType":"section","heading":"Issue of existing operator licences","content":"\t74Y Issue of existing operator licences\n\n(1) The Head, Recycling Victoria, on receiving an application that complies with section 74X(2), must either—\n\nS. 74Y(1)(a) substituted by No. 35/2023 s. 26(1).\n\n(a) subject to subsection (4), issue the existing operator licence, subject to—\n\n(i) any condition specified in this Part; and\n\n(ii) any terms and conditions that the Head, Recycling Victoria considers appropriate; or\n\n(b) refuse to issue the existing operator licence.\n\n(2) Before determining whether to issue or refuse to issue an existing operator licence, the Head, Recycling Victoria must be satisfied that the processing of permitted waste using a thermal waste to energy process at the facility to which the application relates—\n\n(a) was authorised by an existing waste processing authority immediately before 1 November 2021 (whether or not any permitted waste had been processed using a thermal waste to energy process at the facility before that day); and\n\n(b) is authorised by an existing waste process authority immediately before the day on which the application is made.\n\n(3) When determining whether to issue or refuse to issue an existing operator licence, the Head, Recycling Victoria—\n\nS. 74Y(4) amended by No. 35/2023 s. 26(2).\n\n(4) The Head, Recycling Victoria must not impose a term or condition on an existing operator licence that is inconsistent with a condition specified in section 74Z(b), (ba) or (c).\n\n(5) The Head, Recycling Victoria must not issue an existing operator licence to a person unless the Head, Recycling Victoria is satisfied that the person is a fit and proper person to operate a thermal waste to energy facility.\n\nS. 74Y(6) amended by No. 35/2023 s. 26(3).\n\n(6) An existing operator licence issued under subsection (1)(a) must—\n\n(a) specify the maximum amount (expressed in tonnes per annum) of permitted waste that may be processed using a thermal waste to energy process at the existing facility each financial year; and\n\n(b) specify the day on which the existing operator licence ceases to be in force, including the day on which the existing facility must cease to operate; and  \n\n(c) set out any condition to which the licence is subject under section 74Z(b); and\n\n(d) contain any prescribed matter.\n\n(7) When determining the amount described in subsection (6)(a), the Head, Recycling Victoria must take into account any prescribed factor.\n\n(8) An existing operator licence remains in force until the earliest of the following—\n\n(a) the day specified in the licence under subsection (6)(b);\n\n(b) the day on which the licence is revoked under section 74ZF or 74ZG;\n\n(c) the day on which the existing facility ceases to operate.\n\nS. 74Z inserted by No. 36/2022 s. 14, amended by No. 35/2023 s. 27(1)(a).\n\n","sortOrder":134},{"sectionNumber":"74Z","sectionType":"section","heading":"Conditions on existing operator licences","content":"\t74Z Conditions on existing operator licences\n\nAn existing operator licence is subject to the following conditions and limitations—\n\nS. 74Z(a) amended by No. 35/2023 s. 27(1)(b).\n\n(a) any condition or limitation specified in the licence by the Head, Recycling Victoria under section 74Y(1)(a);\n\nS. 74Z(b) amended by No. 35/2023 s. 27(1)(c).\n\n(b) the condition that the existing facility must be fully operational by the day specified in the licence;\n\nS. 74Z(ba) inserted by No. 35/2023 s. 27(2).\n\n(ba) the condition that the holder of an existing operator licence pay any prescribed periodic fee to the Head, Recycling Victoria;\n\n(c) any prescribed condition or limitation.\n\nS. 74ZA inserted by No. 36/2022 s. 14.\n\n\t74ZA Operator may hold both a cap licence and an existing operator licence\n\nNothing in this Part prevents the operator of a thermal waste to energy facility from holding a cap licence and an existing operator licence in relation to the facility at the same time.\n\nDivision 5—Amendment, suspension, revocation and transfer of waste to energy licences\n\nS. 74ZB inserted by No. 36/2022 s. 14.\n\n\t74ZB Amendment of waste to energy licences\n\n(1) Subject to subsection (2), the Head, Recycling Victoria, by written notice, may amend a waste to energy licence—\n\n(b) on the application of the holder of the licence.\n\n(2) An application under subsection (1)(b) must—\n\n(a) be made in the prescribed form or manner; and\n\nS. 74ZB(2)(b) amended by No. 35/2023 s. 30(1).\n\n(b) contain the prescribed information; and\n\n(3) The Head, Recycling Victoria must not, under subsection (1)—\n\n(a) in the case of a cap licence, amend the allocated cap amount specified in the cap licence unless—\n\n(i) the Head, Recycling Victoria has determined that the holder of the cap licence may apply for an increase in the allocated cap amount specified in that licence under section 74R(6); and\n\n(ii) the increase would not have the effect of specifying an aggregate amount of permitted waste in cap licences issued by the Head, Recycling Victoria (including cap licences suspended under section 74ZD or 74ZE) that exceeds the cap limit; or\n\n(b) in the case of an existing operator licence, increase the maximum amount of permitted waste that may be processed at an existing waste to energy facility under the existing operator licence each financial  year; or\n\n(c) amend any condition of the licence so that it is inconsistent with a condition to which the licence is subject under section 74V(c) or 74Z(c).\n\n(4) On receiving an application under subsection (1)(b), the Head, Recycling Victoria must either—\n\n(a) amend the waste to energy licence subject to any conditions the Head, Recycling Victoria considers appropriate, specified in the amendment; or\n\n(b) refuse to amend the licence.\n\n(5) When determining whether to amend a waste to energy licence under subsection (1), the Head, Recycling Victoria—\n\n(a) must consider the particulars of the thermal waste to energy facility to which the licence relates; and\n\n(b) must consider any prescribed criteria; and\n\n(6) Before determining whether to amend a waste to energy licence under subsection (1)(a), the Head, Recycling Victoria must—\n\n(a) notify the holder of the waste to energy licence of the proposed amendment in accordance with the regulations; and\n\n(7) A notice under subsection (1) must—\n\n(a) in the case of an amendment of the allocated cap amount specified in a cap licence, specify the amended maximum amount (expressed in tonnes per annum) of permitted waste that may be processed at the thermal waste to energy facility under the waste to energy licence each financial year; and\n\n(b) contain any prescribed matter.\n\n(8) An amendment under subsection (1) takes effect—\n\n(a) on the day on which notice of the amendment is given under subsection (1); or\n\nS. 74ZC inserted by No. 36/2022 s. 14.\n\n\t74ZC Head, Recycling Victoria may decrease allocated cap amount\n\n(1) The Head, Recycling Victoria, by written notice, may decrease the allocated cap amount specified in a cap licence—\n\n(a) if the Head, Recycling Victoria is satisfied that the holder of the cap licence has demonstrated a pattern of processing an amount of permitted waste under the licence that is significantly less than the allocated cap amount specified in that licence; or\n\n(b) on the application of the holder of the licence.\n\n(2) Before determining to decrease an allocated cap amount specified in a cap licence under subsection (1)(a), the Head, Recycling Victoria must—\n\n(a) notify the holder of the licence of the proposed decrease in accordance with the regulations; and\n\n(3) An application under subsection (1)(b) must—\n\n(a) contain any prescribed information; and\n\n(4) The Head, Recycling Victoria, on receiving an application that complies with subsection (3), must either—\n\n(a) decrease the allocated cap amount specified in the cap licence; or\n\n(b) refuse to decrease the allocated cap amount specified in the licence.\n\n(5) When determining whether to decrease or refuse to decrease an allocated cap amount under subsection (4), the Head, Recycling Victoria—\n\n(6) A notice under subsection (1) must—\n\n(a) specify the amended maximum amount (expressed in tonnes per annum) of permitted waste that may be processed at the thermal waste to energy facility under the cap licence each financial  year; and\n\n(b) contain any prescribed matter.\n\n(7) A decrease under subsection (1) takes effect—\n\n(a) on the day on which notice of the amendment is given under subsection (1); or\n\nS. 74ZD inserted by No. 36/2022 s. 14.\n\n\t74ZD Suspension of waste to energy licences\n\n(1) The Head, Recycling Victoria may suspend a waste to energy licence for not more than 12 months if the Head, Recycling Victoria is satisfied—\n\n(a) that the holder of the licence has failed to comply with a condition of the licence; or\n\n(b) that the holder of the licence is convicted or found guilty of an offence against this Act or the regulations; or\n\n(c) that the holder of the licence is no longer a fit and proper person to operate a thermal waste to energy facility; or\n\n(d) that the holder of the licence has given materially incorrect or misleading information to the Head, Recycling Victoria or that the licence was obtained because of materially incorrect or misleading information; or\n\n(e) that the holder of the licence has breached an enforceable undertaking; or\n\n(f) in the case of a cap licence, that the holder of the licence has demonstrated a pattern of processing an amount of permitted waste under the licence that is significantly less than the allocated cap amount specified in the licence; or\n\n(g) that the holder of the licence has failed to comply with an order made by a court or tribunal in any proceeding commenced under this Act or the regulations or the corresponding provisions of the law of another State or a Territory; or\n\n(h) of any prescribed matter.\n\n(2) Before determining whether to suspend a waste to energy licence under subsection (1), the Head, Recycling Victoria must—\n\n(a) notify the holder of the waste to energy licence of the proposed suspension in accordance with the regulations; and\n\n(b) consider any response made by the holder of the licence in accordance with that notice.\n\n(a) state that the Head, Recycling Victoria proposes to suspend the waste to energy licence under this section; and\n\n(b) state the grounds for the proposed suspension; and\n\n(d) invite the holder of the licence to submit written submissions to the Head, Recycling Victoria on the proposed suspension within 28 days after receiving the notice or any longer period specified in the notice.\n\n(4) The Head, Recycling Victoria must, as soon as practicable after determining to suspend a waste to energy licence under subsection (1), give the holder of the licence written notice stating—\n\n(a) that the Head, Recycling Victoria has suspended the waste to energy licence; and\n\n(b) the grounds for the suspension; and\n\n(c) the date on which the suspension takes effect; and\n\n(5) The Head, Recycling Victoria may revoke a suspension under subsection (1) at any time.\n\nS. 74ZE inserted by No. 36/2022 s. 14.\n\n\t74ZE Immediate suspension\n\n(1) The Head, Recycling Victoria may suspend a waste to energy licence with immediate effect, for a period of not more than 12 months, if the Head, Recycling Victoria is satisfied that it is necessary to immediately suspend the licence, having regard to—\n\n(a) any matter set out in section 74ZD(1); or\n\n(b) any prescribed matter; or\n\n(c) the purposes of this Act.\n\n(2) If the Head, Recycling Victoria suspends a waste to energy licence under subsection (1), the Head, Recycling Victoria must, as soon as practicable after suspending the licence—\n\n(a) notify the holder of the licence of the suspension in accordance with the regulations; and\n\n(a) state that the Head, Recycling Victoria has suspended the waste to energy licence; and\n\n(b) state the grounds for the suspension, including the grounds for the immediate suspension of the licence; and\n\n(d) invite the holder of the licence to submit written submissions to the Head, Recycling Victoria on the suspension within 14 days after receiving the notice or any longer period specified in the notice.\n\n(4) After considering any submissions made in accordance with subsection (2), the Head, Recycling Victoria must—\n\n(a) revoke the suspension of the waste to energy licence; or\n\n(b) refuse to revoke the suspension.\n\n(5) The Head, Recycling Victoria must, as soon as practicable after deciding whether to revoke the suspension of a waste to energy licence under subsection (1), give the holder of the licence written notice stating—\n\n(b) in the case of a decision to refuse to revoke the suspension—\n\n(i) the grounds for the decision; and\n\n(ii) that the holder of the licence may apply to VCAT for review of the decision.\n\n(6) The Head, Recycling Victoria may revoke a suspension under subsection (1) at any time.\n\nS. 74ZF inserted by No. 36/2022 s. 14.\n\n\t74ZF Revocation of waste to energy licences\n\n(1) Subject to subsection (2), the Head, Recycling Victoria may revoke a waste to energy licence—\n\n(a) on the application of the holder of the licence; or\n\n(b) on the initiative of the Head, Recycling Victoria if the Head, Recycling Victoria is satisfied—\n\n(i) that the licence holder has failed to comply with a condition of the licence; or\n\n(ii) that the holder of the licence is convicted or found guilty of an offence against this Act or the regulations; or\n\n(iii) that the holder of the licence is no longer a fit and proper person to operate a thermal waste to energy facility; or\n\n(iv) that the holder of the licence has given materially incorrect or misleading information to the Head, Recycling Victoria or that the licence was obtained because of materially incorrect or misleading information; or\n\n(v) that the holder of the licence has breached an enforceable undertaking; or\n\n(vi) in the case of a cap licence, that the holder of the licence has demonstrated a pattern of processing an amount of permitted waste under the licence that is significantly less than the allocated cap amount specified in the licence; or\n\n(vii) that the holder of the licence has failed to comply with an order made by a court or tribunal in any proceeding commenced under this Act or the regulations or the corresponding provisions of the law of another State or a Territory; or\n\n(viii) of any prescribed matter.\n\n(2) The Head, Recycling Victoria must not revoke a waste to energy licence under subsection (1) unless the Head, Recycling Victoria considers that suspending the waste to energy licence under section 74ZD or 74ZE would not be appropriate in the circumstances.\n\n(3) Before deciding whether to revoke a waste to energy licence under subsection (1)(b), the Head, Recycling Victoria must—\n\n(a) notify the holder of the waste to energy licence of the proposed revocation in accordance with the regulations; and\n\n(4) A notice under subsection (3)(a) must—\n\n(a) state that the Head, Recycling Victoria proposes to revoke the waste to energy licence under this section; and\n\n(b) state the grounds for the proposed revocation; and\n\n(d) invite the holder of the licence to submit written submissions to the Head, Recycling Victoria on the proposed revocation within 28 days after receiving the notice or any longer period specified in the notice.\n\n(5) The Head, Recycling Victoria must, as soon as practicable after deciding to revoke a waste to energy licence under subsection (1), give the holder of the licence written notice stating—\n\n(b) the reasons for the decision; and\n\n(c) the date on which the revocation takes effect; and\n\n(6) A revocation under subsection (1) takes effect—\n\n(a) on the day on which notice of the revocation is given under subsection (1); or\n\nS. 74ZG inserted by No. 36/2022 s. 14.\n\n\t74ZG Immediate revocation\n\n(1) The Head, Recycling Victoria may revoke a waste to energy licence with immediate effect if the Head, Recycling Victoria is satisfied that it is necessary to immediately revoke the licence, having regard to—\n\n(a) any matter set out in section 74ZF(1); or\n\n(b) any prescribed matter; or\n\n(c) the purposes of this Act.\n\n(2) If the Head, Recycling Victoria revokes a waste to energy licence under subsection (1), the Head, Recycling Victoria must, as soon as practicable after revoking the licence—\n\n(a) notify the holder of the licence of the revocation in accordance with the regulations; and\n\n(a) state that the Head, Recycling Victoria has revoked the waste to energy licence; and\n\n(b) state the grounds for the revocation, including the grounds for the immediate revocation of the licence; and\n\n(d) invite the holder of the licence to submit written submissions to the Head, Recycling Victoria on the revocation within 14 days after receiving the notice or any longer period specified in the notice.\n\n(4) After considering any submissions made in accordance with subsection (2), the Head, Recycling Victoria must—\n\n(a) cancel the revocation of the waste to energy licence; or\n\n(b) refuse to cancel the revocation.\n\nS. 74ZG(5) amended by No. 35/2023 s. 30(2).\n\n(5) The Head, Recycling Victoria must, as soon as practicable after deciding whether to cancel the revocation of a waste to energy licence under subsection (4), give the holder of the licence written notice stating—\n\n(b) in the case of a decision to refuse to cancel the revocation—\n\n(i) the grounds for the decision; and\n\n(ii) that the holder of the licence may apply to VCAT for review of the decision.\n\n(6) The Head, Recycling Victoria may cancel a revocation under subsection (1) at any time.\n\nS. 74ZH inserted by No. 36/2022 s. 14.\n\n\t74ZH Disqualification of person from applying for waste to energy licences\n\nS. 74ZH(1) amended by No. 35/2023 s. 30(3).\n\n(1) If the Head, Recycling Victoria revokes a waste to energy licence under section 74ZF or 74ZG, the Head, Recycling Victoria may disqualify the person who was the holder of that licence from applying for a waste to energy licence for a period of not more than 5 years.\n\n(2) Before deciding whether to disqualify a person under subsection (1), the Head, Recycling Victoria must—\n\n(a) notify the person of the proposed disqualification in accordance with the regulations; and\n\n(b) consider any response made by the person.\n\n(a) state that the Head, Recycling Victoria proposes to disqualify the person under this section; and\n\n(b) state the grounds for the proposed disqualification; and\n\n(d) invite the person to submit written submissions to the Head, Recycling Victoria on the proposed disqualification within 28 days after receiving the notice or any longer period specified in the notice.\n\n(4) The Head, Recycling Victoria must, as soon as practicable after deciding to disqualify a person under subsection (1), give the holder of the licence written notice stating—\n\n(b) the reasons for the decision; and\n\n(c) the date on which the disqualification takes effect; and\n\n(5) The Head, Recycling Victoria may revoke a disqualification under subsection (1) at any time.\n\nS. 74ZI inserted by No. 36/2022 s. 14.\n\n\t74ZI Transfer of waste to energy licences\n\n(1) A person may, with the agreement of the holder of a waste to energy licence, apply to the Head, Recycling Victoria for the transfer of that licence to the applicant.\n\n(a) be made in the prescribed form and manner; and\n\n(b) be accompanied by any prescribed fee.\n\n(3) Subject to subsection (5), the Head, Recycling Victoria, on receiving an application that complies with subsection (2) must either—\n\n(a) transfer the waste to energy licence, subject to any terms and conditions that the Head, Recycling Victoria considers appropriate; or\n\n(b) refuse to transfer the waste to energy licence.\n\n(4) When deciding whether to transfer a waste to energy licence under subsection (3), the Head, Recycling Victoria—\n\n(5) The Head, Recycling Victoria must not transfer a waste to energy licence to a person unless the Head, Recycling Victoria is satisfied that the person is a fit and proper person to operate a thermal waste to energy facility.\n\n(6) The Head, Recycling Victoria must, as soon as practicable after making a decision under subsection (4), give the applicant and holder of the waste to energy licence written notice stating—\n\n(b) in the case of a decision to transfer the licence, the date on which the transfer takes effect; and\n\n(c) in the case of a decision to refuse to transfer the licence, or a decision to transfer the licence or permit subject to conditions—\n\n(i) the reasons for the decision; and\n\n(ii) that the applicant may apply to VCAT for review of the decision.\n\nDivision 6—Miscellaneous\n\nS. 74ZJ inserted by No. 36/2022 s. 14.\n\n\t74ZJ Fit and proper persons\n\nWhen determining, for the purposes of this Part, whether a person is a fit and proper person to operate a thermal waste to energy facility, the Head, Recycling Victoria may have regard to any relevant matter including, but not limited to—\n\n(a) whether the person has been convicted or found guilty of an offence against this Act or the regulations; or\n\n(b) whether the person has been convicted or found guilty of an offence against the Corporations Act; or\n\n(c) whether the person has, within the preceding 10 years, been convicted or found guilty of—\n\n(i) an indictable offence; or\n\n(ii) an offence that, if committed in Victoria, would constitute an indictable offence; or\n\n(iii) an offence involving fraud or dishonesty; or\n\n(iv) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i) or (iii); or\n\n(v) an offence against a law of another State or a Territory that regulates the supply of energy; or\n\n(d) whether the person is charged with an offence described in paragraph (a) or (c) and the charge has not been finally dealt with; or\n\n(e) whether the person is contravening or has contravened a provision of this Act or the regulations; or\n\n(f) if the person holds or has held a waste to energy licence, or any licence or permit issued under a law of another State or a Territory that the Head, Recycling Victoria considers to be the equivalent of a waste to energy licence—\n\n(i) whether the person is not complying or has not complied with that licence; or\n\n(ii) whether that licence is or has been suspended or revoked; or\n\n(g) whether the person is an insolvent under administration; or\n\n(h) whether the person is an externally-administered company under the Corporations Act; or\n\n(i) whether the person has failed to comply with the order of any court or tribunal; or\n\n(j) any prescribed matter.\n\nS. 74ZK inserted by No. 36/2022 s. 14.\n\n\t74ZK Extension of submission period\n\n(1) The Head, Recycling Victoria may, on application, extend the period during which a person may make submissions under this Part relating to—\n\n(a) the suspension or revocation of a waste to energy licence; or\n\n(b) the disqualification of a person from applying for a waste to energy licence.\n\n(2) An application for an extension under subsection (1) must—\n\n(a) be made in writing; and\n\n(b) be accompanied by any prescribed fee; and\n\n(c) include any prescribed information.\n\n(3) On receiving an application that complies with subsection (2), the Head, Recycling Victoria may extend the period during which the applicant may make submissions by not more than 28 days.\n\nS. 74ZL inserted by No. 36/2022 s. 14.\n\n\t74ZL Guidelines in relation to the waste to energy scheme\n\n(1) The Head, Recycling Victoria may issue guidelines in respect of the operation and administration of the waste to energy scheme under this Part.\n\n(2) The Head, Recycling Victoria must publish any guidelines issued under subsection (1) on a website maintained by the Department.\n\nS. 74ZM inserted by No. 36/2022 s. 14.\n\n\t74ZM Transitional provisions—existing operators\n\n(1) During the 6 month period beginning on the commencement day, an existing operator is taken to hold an existing operator licence that authorises the existing operator to process an amount of permitted waste at the existing facility using a thermal waste to energy process that is less than or equal to the amount that the existing operator was authorised to process under any existing waste processing authority that is in force immediately before the commencement day.\n\n(2) An existing operator licence under subsection (1) remains in force until the earliest of the following—\n\n(a) the day on which the existing operator is issued an existing operator licence under section 74Y;\n\n(b) the day on which the existing waste processing authority expires (however described) in accordance with the terms and conditions of that authority as in force immediately before the commencement day;\n\n(c) the day that is 6 months after the commencement day.\n\n***commencement day*** means the day on which section 14 of the **Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022** comes into operation.\n\n","sortOrder":135},{"sectionNumber":"Part 6","sectionType":"part","heading":"Container deposit scheme","content":"Part 6—Container deposit scheme\n\n","sortOrder":136},{"sectionNumber":"75","sectionType":"section","heading":"Definitions","content":"\t75 Definitions\n\n***automated collection point*** means a refund collection point that consists of a machine or other device from which refund amounts can be obtained by an operation that involves inserting empty containers into the device, whether or not some other action is required to activate the device;\n\n***collection point arrangement*** means a collection point arrangement required to be included in a network operator agreement under section 90(1)(a);\n\n***collection point operator*** means a person who has entered into a collection point arrangement to establish and operate a refund collection point;\n\n***corresponding law*** means a law of another State or a Territory that provides for a container deposit scheme and that substantially corresponds with the relevant provisions of this Part;\n\n***scheme arrangement*** means—\n\n(a) in relation to a Scheme Coordinator agreement, a supply arrangement, network arrangement or recovery arrangement required to be included in the Scheme Coordinator agreement under section 81(1); or\n\n(b) in relation to a network operator agreement, a collection point arrangement or collection refund arrangement required to be included in the network operator agreement under section 90(1);\n\n***supply*** means supply in the course of business, whether by offer of sale or otherwise;\n\n***supply arrangement*** means a supply arrangement required to be included in a Scheme Coordinator agreement under section 81(1)(a).\n\nDivision 2—Administration of container deposit scheme\n\n","sortOrder":137},{"sectionNumber":"76","sectionType":"section","heading":"Functions of the Head, Recycling Victoria—container deposit scheme","content":"\t76 Functions of the Head, Recycling Victoria—container deposit scheme\n\n(1) The Head, Recycling Victoria is responsible for the oversight and administrative direction of the container deposit scheme.\n\n(2) Without limiting subsection (1), the Head, Recycling Victoria has the following functions—\n\nS. 76(2)(a) amended by No. 35/2023 s. 5.\n\n(a) to determine the process for deciding whether a person is a first supplier of an eligible container;\n\n(b) to determine the process for deciding whether an eligible container is a suitable eligible container;\n\n(c) to determine applications for the approval of containers under section 99;\n\n(d) to publish guidelines under section 112;\n\n(e) to monitor and enforce compliance with the container deposit scheme in accordance with this Part;\n\n(f) to collect information and data relating to the container deposit scheme.\n\n","sortOrder":138},{"sectionNumber":"77","sectionType":"section","heading":"Powers of the Head, Recycling Victoria","content":"\t77 Powers of the Head, Recycling Victoria\n\nThe Head, Recycling Victoria has the power to do all things that are necessary or convenient to be done for or in connection with the performance of the functions and duties of the Head, Recycling Victoria under this Part.\n\n","sortOrder":139},{"sectionNumber":"78","sectionType":"section","heading":"Delegation","content":"\t78 Delegation\n\nThe Head, Recycling Victoria, by instrument, may delegate the following powers to the Scheme Coordinator—\n\n(a) any power of the Head, Recycling Victoria under this Part (other than this power of delegation);\n\n(b) any power of the Head, Recycling Victoria under Part 3 in connection with the container deposit scheme;\n\n(c) any power of the Head, Recycling Victoria under the regulations that relates to the container deposit scheme.\n\nDivision 3—Scheme Coordinator\n\n","sortOrder":140},{"sectionNumber":"79","sectionType":"section","heading":"Functions of Scheme Coordinator","content":"\t79 Functions of Scheme Coordinator\n\nThe functions of the Scheme Coordinator are—\n\n(a) to manage and coordinate the administration of the container deposit scheme throughout Victoria; and\n\n(b) to collect information from network operators and report to the Head, Recycling Victoria on the administration of the container deposit scheme; and\n\n(c) to provide the Minister with an annual assessment; and\n\n(d) to collect contributions under supply arrangements towards the cost of the management, administration and operation of the container deposit scheme; and\n\n(e) to pay network fees to network operators; and\n\nS. 79(f) amended by No. 35/2023 s. 6(1).\n\n(f) to pay refund amounts to material recovery facilities; and\n\nS. 79(g) inserted by No. 35/2023 s. 6(2).\n\n(g) to perform any prescribed function.\n\n","sortOrder":141},{"sectionNumber":"80","sectionType":"section","heading":"Scheme Coordinator agreement","content":"\t80 Scheme Coordinator agreement\n\n(1) The Minister may, in accordance with the regulations, invite applications to enter into a Scheme Coordinator agreement.\n\n(2) Without limiting subsection (1), the Minister may invite applications under that subsection from specific persons if the Minister considers it appropriate to do so.\n\nS. 80(3) amended by No. 35/2023 s. 30(4).\n\n(3) The Minister may enter into a Scheme Coordinator agreement in accordance with section 81 with a person if, after consulting with the Head, Recycling Victoria, the Minister considers—\n\n(a) the person has appropriate expertise and resources to carry out the functions of the Scheme Coordinator; and\n\n(b) the person is a fit and proper person to carry out the functions of the Scheme Coordinator.\n\nS. 80(4) amended by No. 35/2023 s. 7(1).\n\n(4) Subject to subsection (5), if the Minister enters into a Scheme Coordinator agreement with a person, the Minister must recommend to the Governor in Council that the person be appointed as the Scheme Coordinator under section 82.\n\nS. 80(5) substituted by No. 35/2023 s. 7(2).\n\n(5) The Minister must not recommend to the Governor in Council that a person be appointed as the Scheme Coordinator during any period in which the appointment of another person as the Scheme Coordinator is in effect.\n\n","sortOrder":142},{"sectionNumber":"81","sectionType":"section","heading":"Content of Scheme Coordinator agreement","content":"\t81 Content of Scheme Coordinator agreement\n\n(1) A Scheme Coordinator agreement must include provisions that require the Scheme Coordinator to enter into and give effect to the following arrangements—\n\n(a) arrangements requiring first suppliers to pay to the Scheme Coordinator contributions towards the cost of the management, administration and operation of the container deposit scheme (***supply arrangements***);\n\nS. 81(1)(b) amended by No. 35/2023 s. 8(1)(a).\n\n(b) arrangements with network operators requiring the Scheme Coordinator to pay to the network operators refund amounts and associated administration and handling costs for suitable eligible containers that are collected at the collection points (***network arrangements***);\n\nS. 81(1)(c) amended by No. 35/2023 s. 8(1)(b).\n\n(c) arrangements with material recovery facility operators requiring the Scheme Coordinator to pay to the material recovery facility operators refund amounts for recycling and resource recovery of suitable eligible containers (***recovery arrangements***).\n\n(2) A Scheme Coordinator agreement must include provisions that the Minister considers necessary to ensure—\n\n(a) that each scheme arrangement required under the Scheme Coordinator agreement specifies a methodology—\n\n(i) for determining the amounts payable under that scheme arrangement; and\n\n(ii) that is in accordance with any prescribed requirements; and\n\n(b) that the Scheme Coordinator does not act unfairly, or unreasonably discriminate, against or in favour of any particular network operator in negotiating, entering into, performing obligations under or enforcing any scheme arrangement.\n\nS. 81(2A) inserted by No. 35/2023 s. 8(2).\n\n(2A) Without limiting subsection (2)(a), a Scheme Coordinator agreement may specify a methodology by applying or incorporating any methodology or document approved by the Department—\n\n(a) wholly or partially or with or without any modification; or\n\n(b) as in force or as issued at a particular time or as in force or as issued from time to time.\n\n(3) A Scheme Coordinator agreement must include the following requirements relating to data, information and information technology—\n\n(a) any agreed requirements for the use, disclosure, collection and retention of data and information;\n\n(b) any prescribed requirements for the use, disclosure, collection and retention of data and information;\n\n(c) any prescribed requirements regarding the form and content of information technology.\n\nS. 81(3A) inserted by No. 35/2023 s. 8(3).\n\n(3A) A Scheme Coordinator agreement must include any prescribed requirements.\n\n(4) A Scheme Coordinator agreement may—\n\n(a) specify the monitoring, reporting and audit requirements to be included in a scheme arrangement; and\n\n(b) provide for the provision of information by, or disclosure of information to, the Scheme Coordinator under the agreement or a scheme arrangement; and\n\nS. 81(4)(ba) inserted by No. 35/2023 s. 8(4).\n\n(ba) provide for the exercise by the Minister of a power or function of the Scheme Coordinator under this Act if the Scheme Coordinator fails to exercise that function or power; and\n\n(c) provide for the exercise of powers and other functions under this Act by the Head, Recycling Victoria or an authorised officer in connection with the agreement or a scheme arrangement; and\n\n(d) require a scheme arrangement to provide for the exercise of powers and other functions under this Act by the Head, Recycling Victoria or an authorised officer in connection with the scheme arrangement; and\n\n(e) specify any other measures to be taken by the Scheme Coordinator or a network operator to ensure that parties to the agreement or a scheme arrangement comply with the agreement or scheme arrangement; and\n\nS. 81(4)(ea) inserted by No. 35/2023 s. 8(5).\n\n(ea) specify any fees that the Scheme Coordinator must pay to the Head, Recycling Victoria for the purposes of the administration of the container deposit scheme; and\n\n(f) provide for the method by which disputes between parties to the agreement or a scheme arrangement are to be resolved; and\n\nS. 81(4)(g) substituted by No. 35/2023 s. 8(6).\n\n(g) provide for any other matter agreed to by the parties to the agreement that is not inconsistent with this Act.\n\nS. 81(4)(h) repealed by No. 35/2023 s. 8(7).\n\nS. 81(5) inserted by No. 35/2023 s. 8(8).\n\n(5) Without limiting subsection (4)(ea), a fee specified in a Scheme Coordinator agreement may—\n\n(a) differ according to differences in time, place or circumstances; and\n\n(b) provide for the cost of performing any or all of the functions or duties related to the administration of the container deposit scheme, including but not limited to the cost of—\n\n(i) determining whether to approve an eligible container as a suitable eligible container; or\n\n(ii) determining whether or not a person is or will be a first supplier of an eligible container in Victoria.\n\nS. 81(6) inserted by No. 35/2023 s. 8(8).\n\n(6) Nothing in this Part is to be construed as preventing a person with whom the Minister has entered into a Scheme Coordinator agreement from entering into a scheme arrangement before the day on which that person's appointment as the Scheme Coordinator comes into effect.\n\n","sortOrder":143},{"sectionNumber":"82","sectionType":"section","heading":"Appointment of Scheme Coordinator","content":"\t82 Appointment of Scheme Coordinator\n\n(1) The Governor in Council, on the recommendation of the Minister, may appoint a person as the Scheme Coordinator.\n\n(a) may be for a period of not more than 7 years; and\n\n(b) is subject to any conditions or limitations specified in the appointment; and\n\n(c) is subject to any prescribed conditions or limitations; and\n\n(d) may at any time be varied or suspended by the Governor in Council on the recommendation of the Minister.\n\n(3) It is a condition of an appointment under subsection (1) that the Scheme Coordinator must comply with a direction under section 83 or 84.\n\n(4) An appointment under subsection (1) may be renewed for a further period of not more than 3 years.\n\n(5) A renewal of an appointment under subsection (4) must not be made more than twice.\n\n(6) The Governor in Council, on the recommendation of the Minister, must revoke the appointment of the Scheme Coordinator if the Scheme Coordinator—\n\n(a) becomes an insolvent under administration; or\n\n(b) is convicted or found guilty of an indictable offence or any offence that, if committed in Victoria, would constitute an indictable offence.\n\n(7) The Governor in Council, on the recommendation of the Minister, may at any time revoke the appointment of the Scheme Coordinator—\n\n(a) if the Scheme Coordinator—\n\n(i) becomes incapable of performing the Scheme Coordinator's duties; or\n\n(ii) is negligent in the performance of the Scheme Coordinator's duties; or\n\n(iii) engages in improper conduct; or\n\n(iv) is convicted or found guilty of an offence against this Act or the regulations; or\n\n(v) is convicted or found guilty of an offence involving dishonesty, fraud, violence or trafficking in drugs of dependence; or\n\n(vi) is no longer suitable to be appointed as the Scheme Coordinator for any other reason; or\n\n(b) in accordance with any other circumstances authorised under the Scheme Coordinator agreement as a ground for the appointment to be revoked.\n\nS. 82(8) inserted by No. 35/2023 s. 9.\n\n(8) A revocation of an appointment of the Scheme Coordinator under subsection (6) or (7) must specify the day on which the appointment is to be revoked.\n\nS. 82(9) inserted by No. 35/2023 s. 9.\n\n(9) The Governor in Council must not appoint a person as the Scheme Coordinator during any period in which the appointment of another person as the Scheme Coordinator is in effect.\n\n","sortOrder":144},{"sectionNumber":"83","sectionType":"section","heading":"Ministerial directions to Scheme Coordinator","content":"\t83 Ministerial directions to Scheme Coordinator\n\nThe Minister may at any time give the Scheme Coordinator a written direction relating to the performance of the Scheme Coordinator's functions under this Act or any other Act if the Minister is satisfied that, in the circumstances, it is appropriate to make the direction.\n\n","sortOrder":145},{"sectionNumber":"84","sectionType":"section","heading":"Head, Recycling Victoria may give directions to Scheme Coordinator","content":"\t84 Head, Recycling Victoria may give directions to Scheme Coordinator\n\n(1) The Head, Recycling Victoria may at any time give the Scheme Coordinator a written direction relating to the performance of the Scheme Coordinator's functions under this Act or any other Act if the Head, Recycling Victoria is satisfied that, in the circumstances, it is appropriate to make the direction.\n\n(2) A direction under subsection (1) does not have effect to the extent that it is inconsistent with a direction of the Minister under section 83.\n\n","sortOrder":146},{"sectionNumber":"85","sectionType":"section","heading":"Directions to Scheme Coordinator must be published","content":"\t85 Directions to Scheme Coordinator must be published\n\n(1) The Minister must publish directions under section 83 on a website maintained by the Department.\n\n(2) The Head, Recycling Victoria must publish directions under section 84 on a website maintained by the Department.\n\n(3) Subsections (1) and (2) do not apply in relation to a direction, or any part of a direction, if the Minister or the Head, Recycling Victoria (as appropriate) is satisfied that publication of that direction or part is not in the public interest.\n\n","sortOrder":147},{"sectionNumber":"86","sectionType":"section","heading":"Scheme Coordinator must comply with direction","content":"\t86 Scheme Coordinator must comply with direction\n\n(1) If the Minister gives the Scheme Coordinator a direction under section 83, the Scheme Coordinator must not, without reasonable excuse, fail to comply with that direction.\n\n(3) If the Head, Recycling Victoria gives the Scheme Coordinator a direction under section 84, the Scheme Coordinator must not, without reasonable excuse, fail to comply with that direction.\n\n","sortOrder":148},{"sectionNumber":"87","sectionType":"section","heading":"Annual assessment report","content":"\t87 Annual assessment report\n\n(1) The Scheme Coordinator must submit an annual assessment report on the Scheme Coordinator during a financial year to the Minister within 90 days after the end of that financial year.\n\n(2) An assessment report submitted under subsection (1) must include the following—\n\n(a) a report on the exercise of powers and performance of functions under this Act by the Scheme Coordinator during the financial year;\n\n(b) the amounts required to be paid to the Scheme Coordinator under supply arrangements during the financial year;\n\n(3) The Minister must publish an assessment report submitted under subsection (1) on a website maintained by the Department.\n\n(4) Subsection (3) does not apply in relation to an assessment report, or any part of an assessment report, if the Minister is satisfied that publication of that assessment report or part is not in the public interest.\n\nDivision 4—Network operators\n\n","sortOrder":149},{"sectionNumber":"88","sectionType":"section","heading":"Functions of network operators","content":"\t88 Functions of network operators\n\nThe functions of a network operator are to meet the prescribed operation and performance requirements for network operators.\n\n","sortOrder":150},{"sectionNumber":"89","sectionType":"section","heading":"Network operator agreements","content":"\t89 Network operator agreements\n\n(1) The Minister may, in accordance with the regulations, invite applications to enter into a network operator agreement.\n\n(2) Without limiting subsection (1), the Minister may invite applications under that subsection from specific persons if the Minister considers it appropriate to do so.\n\nS. 89(3) amended by No. 35/2023 s. 30(5).\n\n(3) The Minister may enter into a network operator agreement in accordance with section 90 with a person if the Minister considers—\n\n(a) the person has appropriate expertise and resources to carry out the functions of a network operator; and\n\n(b) the person is a fit and proper person to carry out the functions of a network operator.\n\n(4) The Minister may enter into more than one network operator agreement that operate at the same time.\n\n","sortOrder":151},{"sectionNumber":"90","sectionType":"section","heading":"Content of network operator agreements","content":"\t90 Content of network operator agreements\n\n(1) A network operator agreement must include provisions that require the network operator to enter into and give effect to—\n\n(a) arrangements or undertakings in connection with the establishment and operation of collection points (***collection point arrangements***); and\n\nS. 90(1)(b) amended by No. 35/2023 s. 10(1).\n\n(b) arrangements or undertakings to pay refund amounts and associated handling costs for suitable eligible containers collected at those collection points (***collection refund arrangements***).\n\n(2) A network operator agreement must include provisions that the Minister considers necessary to ensure—\n\n(a) that each scheme arrangement required under the network operator agreement specifies a methodology—\n\n(i) for determining the amounts payable under that scheme arrangement; and\n\n(ii) that is in accordance with any prescribed requirements; and\n\n(b) that the network operator to whom the scheme arrangement applies does not act unfairly, or unreasonably discriminate, against or in favour of any particular collection point operator in negotiating, entering into, performing obligations under or enforcing any scheme arrangement.\n\nS. 90(2A) inserted by No. 35/2023 s. 10(2).\n\n(2A) Without limiting subsection (2)(a), a network operator agreement may specify a methodology by applying or incorporating any methodology or document approved by the Department—\n\n(a) wholly or partially or with or without any modification; or\n\n(b) as in force or as issued at a particular time or as in force or as issued from time to time.\n\n(3) A network operator agreement must include the following requirements relating to data, information and information technology—\n\n(a) any agreed requirements for the use, disclosure, collection and retention of data and information;\n\n(b) any prescribed requirements for the use, disclosure, collection and retention of data and information;\n\n(c) any prescribed requirements regarding the form and content of information technology.\n\nS. 90(3A) inserted by No. 35/2023 s. 10(3).\n\n(3A) A network operator agreement must include any prescribed requirements.\n\n(4) A network operator agreement may—\n\n(a) specify the monitoring, reporting and audit requirements to be included in a scheme arrangement; and\n\n(b) provide for the provision of information by, or disclosure of information to, the network operator under the agreement or a scheme arrangement; and\n\nS. 90(4)(ba) inserted by No. 35/2023 s. 10(4).\n\n(ba) provide for the exercise by the Minister of a power or function of the network operator under this Act if the network operator fails to exercise that function or power; and\n\n(c) provide for the exercise of powers and other functions under this Act by the Head, Recycling Victoria or an authorised officer in connection with the agreement or a scheme arrangement; and\n\n(d) require a scheme arrangement to provide for the exercise of powers and other functions under this Act by the Head, Recycling Victoria or an authorised officer in connection with the scheme arrangement; and\n\n(e) specify any other measures to be taken by the network operator to ensure that parties to the agreement or a scheme arrangement comply with the agreement or scheme arrangement; and\n\nS. 90(4)(f) amended by No. 35/2023 s. 10(5).\n\n(f) provide for the method by which disputes between parties to the agreement or a scheme arrangement are to be resolved; and\n\nS. 90(4)(g) inserted by No. 35/2023 s. 10(6).\n\n(g) provide for any other matter agreed to by the parties to the agreement that is not inconsistent with this Act.\n\nS. 90(5) inserted by No. 35/2023 s. 10(7).\n\n(5) Nothing in this Part is to be construed as preventing a person with whom the Minister has entered into a network operator agreement from entering into a scheme arrangement before the day on which that person's appointment as a network operator comes into effect.\n\n","sortOrder":152},{"sectionNumber":"91","sectionType":"section","heading":"Appointment of network operators","content":"\t91 Appointment of network operators\n\n(1) If the Minister enters into a network operator agreement with a person, the Minister must appoint that person as a network operator.\n\n(a) may be for a period of not more than 5 years; and\n\n(b) is subject to any conditions or limitations specified in the appointment; and\n\n(c) is subject to any prescribed conditions or limitations; and\n\n(d) may at any time be varied or suspended by the Minister.\n\n(3) It is a condition of an appointment under subsection (1) that the network operator must comply with a direction under section 92 or 93.\n\n(4) On the application of the network operator, the Minister may renew a network operator's appointment for a further period of not more than 3 years.\n\n(5) The Minister must not renew the appointment of a network operator under subsection (4) more than twice.\n\n(6) The Minister must revoke the appointment of a network operator if the network operator—\n\n(a) becomes an insolvent under administration; or\n\n(b) is convicted or found guilty of an indictable offence or any offence that, if committed in Victoria, would constitute an indictable offence.\n\n(7) The Minister may, at any time, revoke the appointment of a network operator—\n\n(a) if the network operator—\n\n(i) becomes incapable of performing the duties of a network operator; or\n\n(ii) is negligent in the performance of the duties of a network operator; or\n\n(iii) engages in improper conduct; or\n\n(iv) is convicted or found guilty of an offence against this Act or the regulations; or\n\n(v) is convicted or found guilty of an offence involving dishonesty, fraud, violence or trafficking in drugs of dependence; or\n\n(vi) is no longer suitable to be appointed as a network operator for any other reason; or\n\n(b) in accordance with any other circumstances authorised under the network operator agreement as a ground for the appointment to be revoked.\n\nS. 91(8) inserted by No. 35/2023 s. 11.\n\n(8) A revocation of an appointment of the network operator under subsection (6) or (7) must specify the day on which the appointment is to be revoked.\n\n","sortOrder":153},{"sectionNumber":"92","sectionType":"section","heading":"Ministerial directions to network operators","content":"\t92 Ministerial directions to network operators\n\n(1) The Minister may at any time give a network operator a written direction relating to the performance of the network operator's functions under this Act or any other Act if the Minister is satisfied that, in the circumstances, it is appropriate to make the direction.\n\n(2) A direction under subsection (1) may be given to—\n\n(a) one or more network operators specified in the direction; or\n\n(b) one or more classes of network operator; or\n\n(c) all network operators.\n\n","sortOrder":154},{"sectionNumber":"93","sectionType":"section","heading":"Head, Recycling Victoria may give directions to network operators","content":"\t93 Head, Recycling Victoria may give directions to network operators\n\n(1) The Head, Recycling Victoria may at any time give a network operator a written direction relating to the performance of the network operator's functions under this Act or any other Act if the Head, Recycling Victoria is satisfied that, in the circumstances, it is appropriate to make the direction.\n\n(2) A direction under subsection (1) may be given to—\n\n(a) one or more network operators specified in the direction; or\n\n(b) one or more classes of network operator; or\n\n(c) all network operators.\n\n(3) A direction under subsection (1) does not have effect to the extent that it is inconsistent with a direction of the Minister under section 92.\n\n","sortOrder":155},{"sectionNumber":"94","sectionType":"section","heading":"Directions to network operators must be published","content":"\t94 Directions to network operators must be published\n\n(1) The Minister must publish directions under section 92 on a website maintained by the Department.\n\n(2) The Head, Recycling Victoria must publish directions under section 93 on a website maintained by the Department.\n\n(3) Subsections (1) and (2) do not apply in relation to a direction, or any part of a direction, if the Minister or the Head, Recycling Victoria (as appropriate) is satisfied that publication of that direction or part is not in the public interest.\n\n","sortOrder":156},{"sectionNumber":"95","sectionType":"section","heading":"Network operator must comply with direction","content":"\t95 Network operator must comply with direction\n\n(1) If the Minister gives a network operator a direction under section 92, the network operator must not, without reasonable excuse, fail to comply with that direction.\n\n(3) If the Head, Recycling Victoria gives a network operator a direction under section 93, the network operator must not, without reasonable excuse, fail to comply with that direction.\n\n","sortOrder":157},{"sectionNumber":"96","sectionType":"section","heading":"Network arrangement payments","content":"\t96 Network arrangement payments\n\n(1) The Scheme Coordinator must pay to a network operator an amount to refund the network operator's costs for performing functions and duties under the network operator agreement.\n\n(2) The amount under subsection (1) must—\n\n(a) be determined by the Scheme Coordinator in consultation with the network operator to which the amount is to be paid; and\n\n(b) be consistent with the Scheme Coordinator agreement and relevant network operator agreement.\n\n","sortOrder":158},{"sectionNumber":"97","sectionType":"section","heading":"Payments to collection point operators","content":"\t97 Payments to collection point operators\n\n(1) If a network operator enters into a collection refund arrangement with a collection point operator, the network operator must pay the collection point operator amounts to refund the collection point operator for—\n\nS. 97(1)(a) amended by No. 35/2023 s. 12.\n\n(a) the collection of suitable eligible containers at a refund collection point; and\n\n(b) the associated handling costs for the collection of those containers, including but not limited to the sorting of the containers.\n\n(2) An amount under subsection (1) must—\n\n(a) be determined by the network operator in consultation with the collection point operator to which the amount is to be paid; and\n\n(b) be consistent with the relevant network operator agreement.\n\nDivision 5—First suppliers\n\n","sortOrder":159},{"sectionNumber":"98","sectionType":"section","heading":"Determination of first supplier","content":"\t98 Determination of first supplier\n\nS. 98(1) amended by No. 35/2023 s. 13(1).\n\n(1) A person, other than a prescribed person, must notify the Head, Recycling Victoria if the person supplies or intends to supply a beverage in an eligible container in Victoria if required to do so by the regulations.\n\nS. 98(2) amended by No. 35/2023 s. 13(2).\n\n(2) On receiving notice under subsection (1), the Head, Recycling Victoria must, in accordance with the process approved under subsection (3), determine whether or not the person is or will be a first supplier of the eligible container in Victoria.\n\nS. 98(3) amended by No. 35/2023 s. 13(3).\n\n(3) The Head, Recycling Victoria must, by instrument in writing, approve the process in accordance with which the Head, Recycling Victoria determines whether a person who is supplying or intends to supply a beverage in an eligible container is, or will be, a first supplier of that eligible container in Victoria.\n\n(4) When making a determination under subsection (2), the Head, Recycling Victoria—\n\n(a) must make the determination in accordance with any prescribed process; and\n\n(b) must take into account any prescribed factors; and\n\n(5) The Head, Recycling Victoria may vary or revoke a determination under subsection (2) in accordance with the process approved under subsection (3).\n\nDivision 6—Approval of suitable eligible containers\n\n","sortOrder":160},{"sectionNumber":"99","sectionType":"section","heading":"Application for approval as suitable eligible container","content":"\t99 Application for approval as suitable eligible container\n\nS. 99(1) amended by No. 35/2023 s. 14(1).\n\n(1) A first supplier of an eligible container, or a person who has given notice under section 98(1) in relation to an eligible container, may apply to the Head, Recycling Victoria for the approval of that eligible container as a suitable eligible container.\n\nS. 99(2) substituted by No. 35/2023 s. 14(2).\n\n(2) An application for approval under subsection (1) must be made in accordance with the process approved under subsection (4).\n\n(3) On receiving an application under subsection (1), the Head, Recycling Victoria must either—\n\n(a) approve the container as a suitable eligible container, subject to any conditions that are prescribed or specified in the approval; or\n\n(b) refuse to approve the container as a suitable eligible container.\n\n(4) The Head, Recycling Victoria must, by instrument in writing, approve the process in accordance with which the Head, Recycling Victoria—\n\n(a) determines whether or not an eligible container is approved as a suitable eligible container; and\n\n(b) varies or revokes the approval of a suitable eligible container.\n\n(5) When determining whether or not to approve an eligible container as a suitable eligible container under subsection (3), the Head, Recycling Victoria—\n\n(a) must take into account any prescribed factors; and\n\n(b) may request further information in accordance with the regulations.\n\n(6) The Head, Recycling Victoria may vary or revoke an approval of a suitable eligible container under subsection (3) in accordance with the process approved under subsection (4).\n\n\tDivision 7—Disposal of suitable eligible containers\n\n","sortOrder":161},{"sectionNumber":"100","sectionType":"section","heading":"Offence to dispose of suitable eligible containers at landfill site","content":"\t100 Offence to dispose of suitable eligible containers at landfill site\n\n(1) A person must not, without reasonable excuse, dispose of a suitable eligible container at a landfill site if a collection point operator has paid a refund amount in relation to that container.\n\n(2) Subsection (1) does not apply if the person disposes of the suitable eligible container in accordance with an exemption granted to the person under section 101 in force at the time of the disposal.\n\n(3) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n","sortOrder":162},{"sectionNumber":"101","sectionType":"section","heading":"Landfill disposal exemptions","content":"\t101 Landfill disposal exemptions\n\n(1) A person may apply to the Minister for an exemption from section 100.\n\n(a) be made in the prescribed form, if any; and\n\n(b) contain any prescribed information; and\n\n(3) The Minister by instrument may grant an exemption from section 100 if the Minister is satisfied that—\n\n(a) exceptional circumstances justifying the exemption exist; and\n\n(b) granting the exemption will not pose a serious risk of failure of, or disruption to, any waste, recycling or resource recovery service; and\n\n(c) it is not reasonably practicable for the applicant to comply with section 100.\n\n(4) The Minister may grant an exemption either on the application of a person under subsection (1) or on the Minister's own initiative.\n\n(5) An exemption—\n\n(a) may be granted to a person or a class of persons; and\n\n(b) may be subject to any terms and conditions the Minister considers appropriate; and\n\n(c) remains in effect for the period specified in the exemption; and\n\n(d) may be varied or revoked by the Minister at any time; and\n\n(e) may be renewed by the Minister.\n\n(6) If the Minister grants an exemption to a class of persons, details of the exemption must be published in the Government Gazette as soon as reasonably practicable after the exemption is granted.\n\n(7) An exemption takes effect—\n\n(a) if the exemption is published in the Government Gazette—\n\n(i) on the day it is published in the Government Gazette; or\n\n(ii) on any later day specified in the exemption; or\n\n(b) in any other case, on the day specified in the exemption.\n\n","sortOrder":163},{"sectionNumber":"102","sectionType":"section","heading":"Person must notify the Head, Recycling Victoria if unable to comply with exemption","content":"\t102 Person must notify the Head, Recycling Victoria if unable to comply with exemption\n\nA person to whom an exemption under section 101 is granted must not, without reasonable excuse, fail to notify the Head, Recycling Victoria of the following as soon as reasonably practicable after becoming aware of it—\n\n(a) that the person is unable to comply with a condition of the exemption;\n\n(b) that the person is not likely to be able to comply with a condition of the exemption.\n\nPenalty: 60 penalty units.\n\n","sortOrder":164},{"sectionNumber":"Div 8","sectionType":"division","heading":"Container deposit scheme protocols","content":"Division 8—Container deposit scheme protocols\n\n","sortOrder":165},{"sectionNumber":"103","sectionType":"section","heading":"Material recovery facilities protocol","content":"\t103 Material recovery facilities protocol\n\n(1) The Head, Recycling Victoria may by instrument issue a material recovery facilities protocol setting out—\n\n(a) the refund amount the Scheme Coordinator must pay to a material recovery facility operator under a recovery arrangement required to be included in the Scheme Coordinator agreement under section 81(1)(c); or\n\n(b) the method for determining that refund amount.\n\n(2) Without limiting subsection (1), a material recovery facilities protocol may specify a refund amount that the Scheme Coordinator must pay—\n\n(a) to a specified material recovery facility operator; or\n\n(b) to a class of material recovery facility operator; or\n\nS. 103(2)(c) amended by No. 35/2023 s. 15.\n\n(c) in relation to a class of suitable eligible container.\n\n(3) If a material recovery facilities protocol sets out the method for determining the refund amount under subsection (1)(b), that method must be in accordance with any prescribed requirements.\n\n(4) A material recovery facilities protocol is taken to be a condition of any recovery arrangement described in section 81(1)(c) unless a prescribed refund amount is in effect in relation to the subject matter of that protocol.\n\n(5) The Head, Recycling Victoria may by instrument vary or revoke a material recovery facilities protocol at any time.\n\n","sortOrder":166},{"sectionNumber":"104","sectionType":"section","heading":"Local government refund sharing protocol","content":"\t104 Local government refund sharing protocol\n\n(1) The Head, Recycling Victoria may by instrument issue a local government refund sharing protocol setting out—\n\nS. 104(1)(a) amended by Nos 9/2022 s. 32(1), 35/2023 s. 16(1).\n\n(a) the minimum share of any refund amount to which parties to a contract between a council or Alpine Resorts Victoria and a material recovery facility operator for waste and resource recovery services relating to suitable eligible containers are entitled; or\n\n(b) the method for determining that minimum share.\n\n(2) If a local government refund sharing protocol sets out the method for determining the minimum share of a refund amount under subsection (1)(b), that method must be in accordance with any prescribed requirements.\n\nS. 104(3) amended by Nos 9/2022 s. 32(2), 35/2023 s. 16(2).\n\n(3) A local government refund sharing protocol is taken to be a condition of any contract between a council or Alpine Resorts Victoria and a material recovery facility operator for waste and resource recovery services relating to suitable eligible containers unless the contract expressly provides for the subject matter of that protocol.\n\n(4) The Head, Recycling Victoria may by instrument vary or revoke a local government refund sharing protocol at any time.\n\n","sortOrder":167},{"sectionNumber":"Div 9","sectionType":"division","heading":"Refund markings","content":"Division 9—Refund markings\n\n","sortOrder":168},{"sectionNumber":"105","sectionType":"section","heading":"Offence not to have refund markings on suitable eligible containers","content":"\t105 Offence not to have refund markings on suitable eligible containers\n\n(1) A supplier must not, without reasonable excuse, supply or offer to supply to any person a beverage in a suitable eligible container that does not bear a refund marking.\n\n(2) A supplier who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n","sortOrder":169},{"sectionNumber":"Div 10","sectionType":"division","heading":"Enforcement and offences","content":"Division 10—Enforcement and offences\n\n","sortOrder":170},{"sectionNumber":"106","sectionType":"section","heading":"Offence to refuse delivery of or refund for container","content":"\t106 Offence to refuse delivery of or refund for container\n\n(1) Subject to section 108, if a person presents a suitable eligible container to a refund collection point for the purpose of claiming a refund amount, the collection point operator of that refund collection point must not, without reasonable excuse—\n\n(a) fail or refuse to take delivery of the container; or\n\n(b) fail to pay to the person the refund amount for the container in accordance with subsection (5).\n\n(2) Subsection (1) does not apply—\n\n(a) if the suitable eligible container for which the refund amount is claimed does not bear a refund marking; or\n\n(b) if the collection point operator reasonably believes—\n\n(i) that the container was not acquired in Victoria; or\n\n(ii) that the container was acquired before the commencement of this Part; or\n\n(iii) that a refund amount has previously been paid for the container at any refund collection point; or\n\n(iv) that the container has previously been processed by a material recovery facility operator for reuse or recycling and a Scheme Coordinator has made, or is required to make, a payment in respect of the container to that operator under a Scheme Coordinator agreement; or\n\n(c) if the person has refused to comply with a requirement of the collection point operator under section 108(1); or\n\n(d) in any prescribed circumstances.\n\n(3) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n(a) in the case of a natural person, 250 penalty units; or\n\n(b) in the case of a body corporate, 1250 penalty units.\n\n(5) A refund amount payable under this section must be paid—\n\n(a) in cash or in any other prescribed manner; and\n\n(b) at the time the collection point operator accepts delivery of the suitable eligible container or at any later prescribed time.\n\n(6) Subsection (5)(a) does not prevent a collection point arrangement making further provision for limiting the manner in which a collection point operator may pay a refund amount.\n\n","sortOrder":171},{"sectionNumber":"107","sectionType":"section","heading":"Delivery to an automated collection point","content":"\t107 Delivery to an automated collection point\n\n(1) For the purposes of section 106(1), the collection point operator of an automated collection point is taken not to accept the delivery of a suitable eligible container if the container is inserted into, and rejected by, the automated collection point.\n\n(2) For the purposes of section 106(5)(b), the collection point operator of an automated collection point is taken not to have paid a refund amount at the time the operator accepts delivery of a suitable eligible container if—\n\n(a) the container is inserted into, and not rejected by, the automated collection point; and\n\n(b) the automated collection point fails to dispense payment of the refund amount for the container.\n\n","sortOrder":172},{"sectionNumber":"108","sectionType":"section","heading":"Refund declarations and proof of identity","content":"\t108 Refund declarations and proof of identity\n\n(1) A collection point operator may require any person who presents a suitable eligible container to the refund collection point for the purpose of claiming a refund amount to provide the prescribed information to the operator.\n\n(2) A collection point operator may refuse to pay to a person a refund amount if the operator is not satisfied as to the identity of the person.\n\n(3) A collection point operator must not pay a refund amount to a person unless the person provides the prescribed information and proof of the person's identity if—\n\n(a) the number of suitable eligible containers for which the person is claiming a refund amount at the refund collection point exceeds the prescribed number; or\n\n(b) the collection point operator knows, or ought reasonably to know, that the total number of suitable eligible containers presented to the refund collection point by the person or on the person's behalf within the period prescribed for the purpose of claiming a refund exceeds the prescribed number.\n\n(4) This section does not apply in relation to suitable eligible containers presented to, or refund amounts paid at, an automated collection point.\n\n","sortOrder":173},{"sectionNumber":"109","sectionType":"section","heading":"Offence to claim refund for containers not subject to container deposit scheme","content":"\t109 Offence to claim refund for containers not subject to container deposit scheme\n\n(1) A person must not present a container to a refund collection point for the purpose of claiming a refund amount if the person knows, or ought reasonably to have known, that—\n\n(a) the container was not acquired in Victoria; or\n\n(b) the container was acquired before the commencement of this Part; or\n\n(c) a refund amount has previously been paid for the container at any refund collection point in or outside Victoria; or\n\n(d) the container has previously been processed at a material recovery facility for reuse or recycling and a Scheme Coordinator has made, or is required to make, a payment in respect of the container to the operator of that facility under a Scheme Coordinator agreement.\n\n(2) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n(3) A person must not issue an invoice or other statement claiming a refund amount is payable to the person for a container under a scheme arrangement if the person knows, or ought reasonably to have known—\n\n(a) that the container was not acquired in Victoria; or\n\n(b) that the container was acquired before the commencement of this Part; or\n\n(c) that a refund amount has previously been paid for the container at any refund collection point in or outside Victoria; or\n\n(d) that the container has previously been processed at a material recovery facility for reuse or recycling and a Scheme Coordinator has made, or is required to make, a payment in respect of the container to the operator of that facility under a Scheme Coordinator agreement.\n\n(4) A person who contravenes subsection (3) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n(5) Subsections (1) and (3) are civil penalty provisions.\n\n","sortOrder":174},{"sectionNumber":"110","sectionType":"section","heading":"Offence to supply beverage without supply arrangement with Scheme Coordinator and container approval","content":"\t110 Offence to supply beverage without supply arrangement with Scheme Coordinator and container approval\n\nS. 110(1) amended by No. 35/2023 s. 17(1)(a).\n\n(1) A person must not supply or offer to supply a beverage in an eligible container to any other person unless—\n\nS. 110(1)(a) amended by No. 35/2023 s. 17(1)(b).\n\n(a) a supply arrangement is in force between the person and the Scheme Coordinator; and\n\nS. 110(b) substituted by No. 35/2023 s. 17(1)(c).\n\n(b) the eligible container is approved as a suitable eligible container.\n\n(2) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\nS. 110(4) substituted by No. 35/2023 s. 17(2).\n\n(4) Subsection (1) does not apply to any supply, or offer to supply, in relation to which the person is not required to notify the Head, Recycling Victoria under section 98(1).\n\n","sortOrder":175},{"sectionNumber":"111","sectionType":"section","heading":"Enforcement of Scheme Coordinator agreements and network operator agreements","content":"\t111 Enforcement of Scheme Coordinator agreements and network operator agreements\n\n(1) The provisions of a Scheme Coordinator agreement or network operator agreement may be enforced—\n\n(a) in accordance with penalty provisions; or\n\n(b) in any other manner provided for in the agreement.\n\n(2) A Scheme Coordinator or network operator who contravenes a provision of a Scheme Coordinator agreement or network operator agreement that is enforceable by a penalty provision is liable to pay, as a debt due to the State, an amount determined in accordance with the agreement to be the penalty for the contravention.\n\n***penalty provision*** means a provision of a Scheme Coordinator agreement or network operator agreement that provides for the payment of a specified penalty for the contravention of a specified provision of the agreement.\n\n","sortOrder":176},{"sectionNumber":"Div 11","sectionType":"division","heading":"Miscellaneous","content":"Division 11—Miscellaneous\n\n","sortOrder":177},{"sectionNumber":"112","sectionType":"section","heading":"Guidelines","content":"\t112 Guidelines\n\n(1) The Head, Recycling Victoria may prepare guidelines concerning the following—\n\n(a) the container deposit scheme generally;\n\nS. 112(1)(b) amended by No. 35/2023 s. 18.\n\n(b) determinations as to whether a person is a first supplier of an eligible container;\n\n(c) applications for the approval of an eligible container as a suitable eligible container.\n\n(2) Guidelines prepared under subsection (1) may—\n\n(a) be limited to a specified person or class of person; and\n\n(b) specify circumstances or specify matters in relation to the container deposit scheme under this Act and the regulations.\n\n(3) Guidelines prepared under subsection (1) must—\n\n(a) be published on a website maintained by the Department; and\n\n(b) be consistent with the regulations.\n\n","sortOrder":178},{"sectionNumber":"113","sectionType":"section","heading":"Competition and Consumer Act and Competition Code","content":"\t113 Competition and Consumer Act and Competition Code\n\nFor the purposes of Part IV of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code within the meaning of the **Competition Policy Reform (Victoria) Act 1995**, the following things are authorised by this Act—\n\n(a) any conduct engaged in for the purpose of negotiating, entering into or making a Scheme Coordinator agreement, network operator agreement or scheme arrangement;\n\n(b) any conduct engaged in for the purpose of promoting, performing, giving effect to or otherwise done in connection with a Scheme Coordinator agreement, network operator agreement or scheme arrangement;\n\n(c) the grant or refusal of an approval of a container as a suitable eligible container under section 99.\n\nPart 7—Enforcement\n\nDivision 1—General offences\n\n\t114 Offence to fail to keep records and information\n\n(1) A person who is providing a waste, recycling or resource recovery service must not, without reasonable excuse, fail to keep records and information about the services provided, so far as is reasonably practicable.\n\n(2) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n(a) in the case of a natural person, 250 penalty units; or\n\n(4) For the purposes of subsection (1), records and information include—\n\n(a) any agreements entered into in connection with providing the service; and\n\n(b) any data or reports relating to—\n\n(i) any risk of failure, disruption or hinderance of the service; and\n\n(ii) any measure taken to eliminate or reduce those risks.\n\n","sortOrder":179},{"sectionNumber":"115","sectionType":"section","heading":"Offence to give false or misleading information","content":"\t115 Offence to give false or misleading information\n\n(1) If under this Act or the regulations a person is required to give any information or produce any document to the Head, Recycling Victoria or an authorised officer, the person must not, without reasonable excuse, in response to that requirement—\n\n(a) give information that is false or misleading in a material particular; or\n\n(b) make a statement that is false or misleading in a material particular; or\n\n(c) produce a document that is false or misleading in a material particular.\n\n(2) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n(b) in the case of a body corporate, 1800 penalty units.\n\n","sortOrder":180},{"sectionNumber":"116","sectionType":"section","heading":"Offence to conceal information","content":"\t116 Offence to conceal information\n\n(1) If under this Act or the regulations a person is required to give any information or produce any document to the Head, Recycling Victoria or an authorised officer, the person must not, without reasonable excuse, in response to that requirement conceal any information or document from the Head, Recycling Victoria or the officer.\n\n(2) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n(b) in the case of a body corporate, 1800 penalty units.\n\nDivision 2—Information gathering notices\n\n","sortOrder":181},{"sectionNumber":"117","sectionType":"section","heading":"Head, Recycling Victoria may serve information gathering notice","content":"\t117 Head, Recycling Victoria may serve information gathering notice\n\n(1) For the purpose of performing a function or duty or exercising a power under this Act, the Head, Recycling Victoria may serve an information gathering notice on a person requiring the person to do all or any of the following—\n\n(a) provide to the Head, Recycling Victoria any information or class of information specified in the notice before a specified time and in a specified manner;\n\n(b) produce to the Head, Recycling Victoria a document or class of document specified in the notice that is in the person's possession, custody or control, before a specified time and in a specified manner;\n\n(c) appear before the Head, Recycling Victoria at a time and place specified in the notice to do all or any of the following—\n\n(i) give information specified in the notice, either orally or in writing;\n\n(ii) produce a document or class of document specified in the notice that is in the person's possession, custody or control.\n\n(2) A person must not, without reasonable excuse, refuse or fail to comply with a notice given under subsection (1).\n\n","sortOrder":182},{"sectionNumber":"118","sectionType":"section","heading":"Form of information gathering notice","content":"\t118 Form of information gathering notice\n\nAn information gathering notice must—\n\n(b) specify—\n\n(i) the person on whom it is served; and\n\n(ii) the purpose of the notice; and\n\n(iii) the period for complying with the notice, being not less than 10 business days; and\n\n(c) in the case of a notice served on a natural person, explain that the person may refuse or fail to give the information specified in the notice if doing so would tend to incriminate the person.\n\n","sortOrder":183},{"sectionNumber":"119","sectionType":"section","heading":"Extension of time under information gathering notice","content":"\t119 Extension of time under information gathering notice\n\nThe Head, Recycling Victoria, by written notice given to the person on whom an information gathering notice has been served, may—\n\n(a) extend the period for complying with the notice, if the Head, Recycling Victoria is satisfied that the circumstances of the case justify an extension; or\n\n(b) revoke or amend a requirement in the notice.\n\n","sortOrder":184},{"sectionNumber":"120","sectionType":"section","heading":"Court orders","content":"\t120 Court orders\n\n(1) The Head, Recycling Victoria may apply to the Magistrates' Court for an order compelling a person to comply with an information gathering notice.\n\n(2) The Head, Recycling Victoria may apply under subsection (1) for an order whether or not a proceeding has been commenced for an offence against this Act or the regulations.\n\nDivision 3—Show cause notices\n\n","sortOrder":185},{"sectionNumber":"121","sectionType":"section","heading":"Show cause notices","content":"\t121 Show cause notices\n\n(1) This section applies if the Head, Recycling Victoria or an authorised officer reasonably believes that a person has not complied with a provision of this Act or the regulations.\n\n(2) The Head, Recycling Victoria or an authorised officer (as the case requires) may issue the person with a written notice—\n\n(a) specifying the name and address of the person to whom it is issued; and\n\n(b) stating the action that the Head, Recycling Victoria or the authorised officer proposes taking under this Part; and\n\n(c) stating the grounds for the proposed action; and\n\n(d) outlining the facts and circumstances forming the basis for the grounds; and\n\n(e) inviting the person to make written representations to the Head, Recycling Victoria or the authorised officer showing cause as to why the proposed action should not be taken; and\n\n(f) specifying the period for making the written representations, being not less than 10 business days or the prescribed period; and\n\n(g) specifying the method and address for submitting the written representations; and\n\n(h) in the case of a notice issued to a natural person, explaining that the person may decline to make representations if doing so would tend to incriminate the person.\n\n","sortOrder":186},{"sectionNumber":"122","sectionType":"section","heading":"Representations about show cause notice","content":"\t122 Representations about show cause notice\n\n(1) A person to whom a show cause notice is issued may make written representations to the Head, Recycling Victoria or the authorised officer (as the case requires) in the period specified in the notice showing cause as to why the action proposed in the notice should not be taken.\n\n(2) The Head, Recycling Victoria or the authorised officer must consider all written representations made under subsection (1).\n\n","sortOrder":187},{"sectionNumber":"123","sectionType":"section","heading":"Ending show cause process without further action","content":"\t123 Ending show cause process without further action\n\nIf, after considering all written representations made under section 122(1), the Head, Recycling Victoria or the authorised officer no longer believes that the person has not complied with a provision of this Act or the regulations, the Head, Recycling Victoria or the authorised officer—\n\n(a) must not take the further action under this Part proposed in the show cause notice; and\n\n(b) as soon as practicable, must give written notice to the person that the further action will not be taken.\n\n","sortOrder":188},{"sectionNumber":"124","sectionType":"section","heading":"Further action after show cause process","content":"\t124 Further action after show cause process\n\nIf, after considering all written representations made under section 122(1), the Head, Recycling Victoria or the authorised officer believes that the person has not complied with a provision of this Act or the regulations, the Head, Recycling Victoria or the authorised officer—\n\n(a) may take the further action under this Part proposed in the show cause notice; and\n\n(b) as soon as practicable, must give written notice to the person that the further action will be taken.\n\nDivision 4—Improvement notices\n\n","sortOrder":189},{"sectionNumber":"125","sectionType":"section","heading":"Improvement notice","content":"\t125 Improvement notice\n\n(1) The Head, Recycling Victoria or an authorised officer may issue a person with an improvement notice if the Head, Recycling Victoria or the authorised officer (as the case requires) reasonably believes that the person—\n\n(a) has contravened, or is contravening, a provision of this Act, the regulations or a subordinate instrument made under this Act; or\n\n(b) has not complied, or is not complying, with an agreement or authority made or given under this Act; or\n\n(c) has engaged in or proposes to engage in an activity that has caused or is likely to cause—\n\n(ii) harm to human health or the environment from pollution or waste.\n\n(2) An improvement notice may require the person to whom it is issued—\n\n(a) to take any action that the Head, Recycling Victoria or the authorised officer considers necessary to remedy—\n\n(i) the contravention; or\n\n(ii) the matters or activities that are causing the contravention; or\n\n(b) to remedy the activity that has caused or is likely to cause—\n\n(i) the failure of, or disruption to, waste, recycling or resource recovery services; or\n\n(ii) the harm to human health or the environment from pollution or waste.\n\n(3) An improvement notice must—\n\n(b) specify the name and address of the person to whom the notice is issued; and\n\n(c) state the grounds on which the notice is issued; and\n\n(d) specify the actions that the person must take to comply with the notice; and\n\n(e) specify the period within which the person must comply with the notice; and\n\n(f) set out the penalty for failing to comply with the notice; and\n\n(g) specify how the person may seek review of the decision to issue the notice.\n\n","sortOrder":190},{"sectionNumber":"126","sectionType":"section","heading":"Offence to fail to comply with improvement notice","content":"\t126 Offence to fail to comply with improvement notice\n\n(1) A person to whom an improvement notice is issued must not, without reasonable excuse, fail to comply with the notice.\n\n(2) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n(a) in the case of a natural person, 120 penalty units; or\n\n(b) in the case of a body corporate, 240 penalty units.\n\nDivision 5—Prohibition notices\n\n","sortOrder":191},{"sectionNumber":"127","sectionType":"section","heading":"Prohibition notice","content":"\t127 Prohibition notice\n\n(1) The Head, Recycling Victoria or an authorised officer may issue a person with a prohibition notice if the Head, Recycling Victoria or the authorised officer (as the case requires) reasonably believes—\n\n(a) that the person—\n\n(i) has contravened, or is contravening, a provision of this Act, the regulations or a subordinate instrument made under this Act; or\n\n(ii) has not complied, or is not complying, with an agreement or authority made or given under this Act; or\n\n(iii) has engaged in or proposes to engage in an activity that has caused or is likely to cause—\n\n(A) failure of, or disruption to, waste, recycling or resource recovery services; or\n\n(B) harm to human health or the environment from pollution or waste; and\n\n(b) that, having regard to the immediacy of the risk and the degree of failure, disruption or harm that could occur, prohibiting the person from engaging in an activity is necessary to prevent or minimise the failure, disruption or harm.\n\n(2) A prohibition notice may—\n\n(a) prohibit the person to whom it is issued from engaging in the activity, whether or not the person is engaging in the activity at the time at which the notice is issued; and\n\n(b) require the person to do any other thing that the Head, Recycling Victoria or the authorised officer reasonably considers necessary to prevent or minimise the harm or risk of harm.\n\n(3) A prohibition notice must—\n\n(b) specify the name and address of the person to whom the notice is issued; and\n\n(c) state the grounds on which the notice is issued; and\n\n(d) specify the actions that the person must take to comply with the notice; and\n\n(e) specify the period within which the person must comply with the notice; and\n\n(f) set out the penalty for failing to comply with the notice; and\n\n(g) specify how the person may seek review of the decision to issue the notice.\n\n","sortOrder":192},{"sectionNumber":"128","sectionType":"section","heading":"Offence to fail to comply with prohibition notice","content":"\t128 Offence to fail to comply with prohibition notice\n\n(1) A person to whom a prohibition notice is issued must not, without reasonable excuse, fail to comply with the notice.\n\n(2) A person who contravenes subsection (1) commits an offence and is liable to a penalty not exceeding—\n\n(a) in the case of a natural person, 240 penalty units; or\n\n(b) in the case of a body corporate, 480 penalty units.\n\nDivision 6—Court orders\n\n","sortOrder":193},{"sectionNumber":"129","sectionType":"section","heading":"Court orders","content":"\t129 Court orders\n\n(1) On an application by the Head, Recycling Victoria, a court may make an order requiring a person to take any specific action, in such terms as the court considers appropriate, if the court is satisfied that a person is not complying or has not complied with—\n\n(a) a prohibition notice; or\n\n(b) an improvement notice.\n\n(2) Without limiting subsection (1), an order under that subsection may require a person to do a specified act or thing that the court considers reasonably necessary to prevent, minimise or remedy the non-compliance.\n\nS. 129(3) amended by No. 36/2022 s. 15.\n\n(3) The Head, Recycling Victoria may apply for an order under subsection (1) whether or not a proceeding has been commenced for—\n\n(a) an offence against this Act or the regulations; or\n\n(b) a contravention of a civil penalty provision under this Act.\n\n(4) An application for an order under subsection (1) may be made ex parte.\n\nDivision 7—Enforceable undertakings\n\n","sortOrder":194},{"sectionNumber":"130","sectionType":"section","heading":"Head, Recycling Victoria may accept enforceable undertaking","content":"\t130 Head, Recycling Victoria may accept enforceable undertaking\n\n(1) The Head, Recycling Victoria may accept an enforceable undertaking from a person in connection with—\n\n(a) any matter the Head, Recycling Victoria has a function or duty in relation to under this Act or the regulations, or any other Act or regulations made under any other Act; or\n\n(b) any matter the Head, Recycling Victoria has a power over under this Act or the regulations, or any other Act or regulations made under any other Act.\n\n(2) An enforceable undertaking accepted by the Head, Recycling Victoria under subsection (1) must—\n\n(b) be signed by the Head, Recycling Victoria and the person offering the undertaking.\n\n(3) A person may withdraw or vary an enforceable undertaking accepted under subsection (1) with the consent of the Head, Recycling Victoria.\n\n","sortOrder":195},{"sectionNumber":"131","sectionType":"section","heading":"Enforcement","content":"\t131 Enforcement\n\n(1) The Head, Recycling Victoria may apply to the Magistrates' Court for an enforcement order under subsection (2) if the Head, Recycling Victoria considers that a person has breached an enforceable undertaking.\n\n(2) If the court is satisfied that a person has breached an enforceable undertaking, the court may make any of the following orders—\n\n(a) an order directing the person to comply with the enforceable undertaking;\n\n(b) an order that the person take any specified action for the purpose of complying with the enforceable undertaking;\n\n(c) an order that the person take any specified action to reduce the risk of failure, disruption or harm to a waste, recycling or resource recovery service or to human health or the environment resulting from the breach;\n\n(d) an order that the person pay an amount in compensation to the Head, Recycling Victoria for any costs reasonably incurred by the Head, Recycling Victoria in taking any action to reduce the risk of failure, disruption or harm to a waste, recycling or resource recovery service or to human health or the environment resulting from the breach;\n\n(e) an order that the person pay an amount in compensation to any other person who has suffered loss or damage as a result of the breach;\n\nS. 131(2)(ea) inserted by No. 36/2022 s. 16.\n\n(ea) an order that the person pay an amount under a monetary benefit order;\n\n(f) an order revoking the enforceable undertaking;\n\n(g) any other order that the court considers appropriate in the circumstances.\n\n","sortOrder":196},{"sectionNumber":"132","sectionType":"section","heading":"No criminal proceedings while enforceable undertaking in effect","content":"\t132 No criminal proceedings while enforceable undertaking in effect\n\nIf the Head, Recycling Victoria accepts an enforceable undertaking under section 130, the Head, Recycling Victoria must not, while the enforceable undertaking is in effect, commence criminal proceedings for an offence that is constituted by a contravention or alleged contravention that the enforceable undertaking is given in relation to.\n\n","sortOrder":197},{"sectionNumber":"133","sectionType":"section","heading":"Proceedings following withdrawal of enforceable undertaking","content":"\t133 Proceedings following withdrawal of enforceable undertaking\n\nIf the Head, Recycling Victoria accepts an enforceable undertaking under section 130, and the person withdraws the undertaking before the Head, Recycling Victoria is satisfied that the undertaking has been complied with, the Head, Recycling Victoria may commence proceedings for an offence that is constituted by a contravention or alleged contravention that the enforceable undertaking was given in relation to.\n\n","sortOrder":198},{"sectionNumber":"134","sectionType":"section","heading":"No further proceedings if enforceable undertaking is complied with","content":"\t134 No further proceedings if enforceable undertaking is complied with\n\nIf the Head, Recycling Victoria accepts an enforceable undertaking under section 130, and the Head, Recycling Victoria is satisfied that the undertaking has been complied with, the Head, Recycling Victoria must not commence proceedings for an offence that is constituted by a contravention or alleged contravention that the enforceable undertaking was given in relation to.\n\n","sortOrder":199},{"sectionNumber":"135","sectionType":"section","heading":"Contempt of court","content":"\t135 Contempt of court\n\n(1) If a person is found in contempt of court for failing to comply with an order under section 131(2), the Head, Recycling Victoria may—\n\n(a) do any thing that is necessary or expedient to carry out any action that remains to be done under the order and that is still practicable; and\n\n(b) publicise the person's failure to comply with the order.\n\n(2) The Head, Recycling Victoria may recover any costs reasonably incurred in taking a specified action under this section as a debt due and payable by the person against whom the order under section 131(2) was made.\n\nDivision 8—Adverse publicity orders\n\n","sortOrder":200},{"sectionNumber":"136","sectionType":"section","heading":"Adverse publicity order","content":"\t136 Adverse publicity order\n\n(1) If a court finds a person guilty of an offence against this Act or the regulations, the court may make an order requiring the person—\n\n(a) to take either or both of the following actions within the period specified in the order—\n\n(i) to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter specified in the order;\n\n(ii) to notify a specified person, or a specified class of person, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter specified in the order; and\n\n(b) to give the Head, Recycling Victoria, within 7 days after the period specified in the order, evidence that the person has complied with the actions required by the order.\n\n(2) A court may make an order under subsection (1) either on its own initiative or on the application of the prosecution.\n\n(3) The court must not make an order under subsection (1) unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the person for the offence concerned.\n\n(4) The court may make an order under subsection (1) in addition to or instead of—\n\n(a) imposing a penalty for the offence; or\n\n(b) making any other order that the court may make in relation to the offence.\n\nDivision 9—Civil penalties\n\n","sortOrder":201},{"sectionNumber":"137","sectionType":"section","heading":"Civil penalties","content":"\t137 Civil penalties\n\n(1) Subject to this Division, the Head, Recycling Victoria may apply to a court for a civil penalty order in relation to a person's contravention of a civil penalty provision.\n\n(2) The Head, Recycling Victoria may make an application under subsection (1) in addition, or as an alternative, to a criminal proceeding or an application for another order.\n\n(3) The court may make a civil penalty order in relation to a person's contravention of a civil penalty provision if the person—\n\n(a) contravenes the provision in the course of operating a waste, recycling or resource recovery service; or\n\n(b) is an officer of a body corporate who contravenes the provision in the course of operating a waste, recycling or resource recovery service.\n\n","sortOrder":202},{"sectionNumber":"138","sectionType":"section","heading":"Civil penalty order","content":"\t138 Civil penalty order\n\n(1) On an application under section 137, the court may make one or more of the following orders—\n\n(a) an order that the person pay in respect of the civil penalty provision, a pecuniary penalty of not more than the maximum penalty specified in column 2 or 3 (as the case requires) of the table in this subsection opposite the provision;\n\n(b) any other order that the court considers appropriate.\n\nS. 138(1) (Table) amended by Nos 35/2023 s. 19, 14/2025 s. 12.\n\n| *Item* | *Column 1*<br>*Civil penalty    provision* | *Column 2*<br>*Maximum penalty for a natural person* | *Column 3*<br>*Maximum penalty for a body corporate* |\n| --- | --- | --- | --- |\n| 1 | Section 38(1) (Regular reporting entity must give certain information to the Head, Recycling Victoria) | 120 penalty units | 120 penalty units |\n| 2 | Section 39(5) (Direction to provide additional information—regular reporting entity) | 120 penalty units | 120 penalty units |\n| 3 | Section 42(5) (Direction to provide additional information—occasional reporting entity) | 120 penalty units | 120 penalty units |\n| 4 | Section 69(1) (Offence to refuse or fail to comply with applicable service standards) | 500 penalty units | 1200 penalty units |\n| 5 | Section 71(1) (Offence to refuse or fail to incorporate relevant service standards) | 500 penalty units | 1200 penalty units |\n| 6 | Section 73(1) (Offence to fail to comply with notice) | 120 penalty units | 240 penalty units |\n| 7 | Section 74(1) (Duty of providers of essential waste, recycling or resource recovery services to minimise risk) | 500 penalty units | 2500 penalty units |\n| 7A | Section 74D(1) (Responsible entity must comply with CERCC Plan) | 120 penalty units | 600 penalty units |\n|  |  |  |  |\n| 7B | Section 74D(3) (Responsible entity must notify Head, Recycling Victoria if unable to comply with CERCC Plan) | 120 penalty units | 600 penalty units |\n| 7C | Section 74G(1) (Responsible entity must submit statement of assurance) | 120 penalty units | 600 penalty units |\n| 7D | Section 74H(1) (Responsible entity must comply with RERCC Plan) | 120 penalty units | 600 penalty units |\n| 7E | Section 74H(3) (Responsible entity must notify Head, Recycling Victoria if unable to comply with RERCC Plan) | 120 penalty units | 600 penalty units |\n| 7F | Section 74O(1) (Operator of thermal waste to energy facility must not process permitted waste except as authorised by waste to energy licence) | 1000 penalty units | 5000 penalty units |\n| 7G | Section 74P(1) (Holder of waste to energy licence must comply with licence conditions) | 500 penalty units | 2500 penalty units |\n| 7H | Section 74P(3) (Holder of waste to energy licence must notify Head, Recycling Victoria if unable to comply with licence) | 500 penalty units | 1800 penalty units |\n| 7I | Section 74Q(1) (Operator of thermal waste to energy facility must not process banned waste using waste to energy process) | 1000 penalty units | 5000 penalty units |\n| 8 | Section 86(1) (Scheme Coordinator must comply with direction by Minister) | 700 penalty units | 700 penalty units |\n| 9 | Section 86(3) (Scheme Coordinator must comply with direction by the Head, Recycling Victoria) | 700 penalty units | 700 penalty units |\n| 10 | Section 95(1) (Network operator must comply with direction by Minister) | 700 penalty units | 700 penalty units |\n| 11 | Section 95(3) (Network operator must comply with direction by the Head, Recycling Victoria) | 700 penalty units | 700 penalty units |\n| 12 | Section 100(1) (Offence to dispose of suitable eligible container at a landfill site) | 500 penalty units | 2500 penalty units |\n| 13 | Section 105(1) (Offence to supply beverage in suitable eligible container that does not bear a refund marking) | 500 penalty units | 2500 penalty units |\n| 14 | Section 106(1) (Offence to refuse delivery of suitable eligible container or fail to pay refund amount) | 250 penalty units | 1250 penalty units |\n| 15 | Section 109(1) (Offence to present container to refund collection point if container is not subject to container deposit scheme) | 500 penalty units | 2500 penalty units |\n| 16 | Section 109(3) (Offence to issue invoice for containers not subject to container deposit scheme) | 500 penalty units | 2500 penalty units |\n|  |  |  |  |\n| 17 | Section 110(1) (Offence to supply beverage in container without supply arrangement or approval as suitable eligible container) | 500 penalty units | 2500 penalty units |\n| 18 | Section 114(1) (Offence to fail to keep records and information) | 250 penalty units | 1200 penalty units |\n| 19 | Section 115(1) (Offence to give false or misleading information) | 500 penalty units | 1800 penalty units |\n| 20 | Section 116(1) (Offence to conceal information) | 500 penalty units | 1800 penalty units |\n| 21 | Section 126(1) (Offence to fail to comply with improvement notice) | 120 penalty units | 240 penalty units |\n| 22 | Section 128(1) (Offence to fail to comply with prohibition notice) | 240 penalty units | 480 penalty units |\n\n(2) In determining the amount of a penalty under this Division, the court may have regard to any relevant matter including, but not limited to, the following—\n\n(a) the nature and extent of the conduct constituting the contravention;\n\n(b) the nature and extent of any loss or damage suffered as a result of the conduct including the cost of remedying the harm;\n\n(c) the circumstances in which the contravention took place;\n\n(d) whether the person who contravenes a civil penalty provision had previously contravened a civil penalty provision;\n\n(e) any enforceable undertaking that is accepted by the Head, Recycling Victoria in relation to the conduct.\n\n(3) Nothing in this section is to be construed as limiting any other power of the court.\n\n(4) Proceedings under this section are civil proceedings for all purposes.\n\n","sortOrder":203},{"sectionNumber":"139","sectionType":"section","heading":"Proceeding for civil penalty order after criminal proceeding","content":"\t139 Proceeding for civil penalty order after criminal proceeding\n\nA court must not make a civil penalty order against a person if the person has contravened a civil penalty provision and has been found guilty of an offence constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n\n","sortOrder":204},{"sectionNumber":"140","sectionType":"section","heading":"Criminal proceeding during proceeding for civil penalty order","content":"\t140 Criminal proceeding during proceeding for civil penalty order\n\n(1) A proceeding for a civil penalty order is stayed if—\n\n(a) a criminal proceeding is or has commenced against the person for an offence; and\n\n(b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n\n(2) If the person—\n\n(a) is not found guilty of the offence—the proceeding for the civil penalty order may be resumed; or\n\n(b) is found guilty of the offence—the proceeding for the civil penalty order is dismissed.\n\n","sortOrder":205},{"sectionNumber":"141","sectionType":"section","heading":"Criminal proceeding after proceeding for civil penalty order","content":"\t141 Criminal proceeding after proceeding for civil penalty order\n\nA criminal proceeding may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting the contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person.\n\n","sortOrder":206},{"sectionNumber":"142","sectionType":"section","heading":"Evidence admitted during proceeding for civil penalty order","content":"\t142 Evidence admitted during proceeding for civil penalty order\n\n(1) Evidence of information given or of documents produced by an individual is not admissible in a criminal proceeding against the person if—\n\n(a) the person previously gave the evidence or produced the documents in a proceeding for a civil penalty order against the person (whether or not the order was made); and\n\n(b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n\n(2) Subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the person in the proceeding for the civil penalty order.\n\n","sortOrder":207},{"sectionNumber":"143","sectionType":"section","heading":"Conduct contravening more than one civil penalty provision","content":"\t143 Conduct contravening more than one civil penalty provision\n\n(1) If a person contravenes 2 or more civil penalty provisions, a proceeding for a civil penalty order may be commenced against the person in relation to the contravention of any one or more of those provisions.\n\n(2) Despite subsection (1), a person is not liable to pay more than one civil penalty in relation to the same conduct.\n\n","sortOrder":208},{"sectionNumber":"144","sectionType":"section","heading":"Multiple contraventions of civil penalty provisions","content":"\t144 Multiple contraventions of civil penalty provisions\n\n(1) Subject to subsection (2), a court may order that a person pay a single civil penalty for multiple contraventions of a civil penalty provision if—\n\n(a) the multiple contraventions are based on the same facts; or\n\n(b) the multiple contraventions form, or are part of, a series of contraventions of the same or a similar nature.\n\n(2) A single civil penalty ordered under subsection (1) must not exceed the sum of the maximum penalties that the court may have ordered if separate civil penalties were ordered for each of the contraventions.\n\n","sortOrder":209},{"sectionNumber":"145","sectionType":"section","heading":"Multiple proceedings for civil penalty order to be heard together","content":"\t145 Multiple proceedings for civil penalty order to be heard together\n\nA court may direct that 2 or more proceedings for a civil penalty order are to be heard together.\n\n","sortOrder":210},{"sectionNumber":"146","sectionType":"section","heading":"Jurisdictional limit of Magistrates' Court does not apply to civil penalty order","content":"\t146 Jurisdictional limit of Magistrates' Court does not apply to civil penalty order\n\nThe jurisdictional limit for a civil proceeding specified under section 100(1) of the **Magistrates' Court Act 1989** does not apply to a proceeding for a civil penalty order under this Part.\n\n","sortOrder":211},{"sectionNumber":"147","sectionType":"section","heading":"Recovery of pecuniary penalty","content":"\t147 Recovery of pecuniary penalty\n\nIf a court orders a person to pay a civil penalty for the contravention of a civil penalty provision, the order is enforceable as a judgment debt.\n\nPt 7 Div. 9A (Heading and ss 147A, 147B) inserted by No. 36/2022 s. 17.\n\n","sortOrder":212},{"sectionNumber":"Div 9A","sectionType":"division","heading":"Monetary benefit orders","content":"Division 9A—Monetary benefit orders\n\nS. 147A inserted by No. 36/2022 s. 17.\n\n","sortOrder":213},{"sectionNumber":"147A","sectionType":"section","heading":"Monetary benefit order","content":"\t147A Monetary benefit order\n\n(1) If a court is satisfied that a person has committed an offence against a provision of this Act, or breached an enforceable undertaking, the court may make an order under subsection (3).\n\n(2) The court may make an order under subsection (3) on the application of the Head, Recycling Victoria.\n\n(3) The court may order the person to pay an amount not exceeding the amount that the court is satisfied represents the amount of any monetary benefit acquired by the person, or accrued or accruing to the person, as a result of the person's commission of the offence or breach of the enforceable undertaking.\n\n(4) In determining the amount that the person must pay under an order under subsection (3), the court may take into account—\n\n(a) the person's financial circumstances; and\n\n(b) any amount submitted to the court by the Head, Recycling Victoria.\n\n(5) The Head, Recycling Victoria may submit to the court the amount that the Head, Recycling Victoria considers to be a reasonable estimate of the amount of monetary benefit acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence in relation to which an order under subsection (3) is sought, or breach of the enforceable undertaking, as determined in accordance with—\n\n(a) a prescribed guideline, method or protocol; or\n\n(b) any other method the Head, Recycling Victoria considers appropriate.\n\n(6) For the purposes of subsection (3), the court may assume that an amount represents the amount of any monetary benefit acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or breach of the enforceable undertaking if—\n\n(a) the Head, Recycling Victoria submits that amount to the court under subsection (5); and\n\nS. 147A(6)(b) amended by No. 35/2023 s. 30(6).\n\n(b) the Head, Recycling Victoria determined that amount in accordance with a prescribed guideline, method or protocol.\n\n(7) Nothing in this section affects the operation of Part 8 of the **Confiscation Act 1997**.\n\n(8) Any amount received as the payment of an order under subsection (3) must be paid into the Consolidated Fund.\n\nS. 147B inserted by No. 36/2022 s. 17.\n\n","sortOrder":214},{"sectionNumber":"147B","sectionType":"section","heading":"Head, Recycling Victoria may issue protocol for determining monetary benefit","content":"\t147B Head, Recycling Victoria may issue protocol for determining monetary benefit\n\n(1) For the purposes of section 147A, the Head, Recycling Victoria, by instrument, may issue a protocol for determining an amount of monetary benefit.\n\n(2) An instrument issued under subsection (1)—\n\n(a) may provide for the information, process, calculation or method to be used in determining a monetary benefit; and\n\n(b) must be published on the Department's website.\n\nDivision 10—Infringement notices\n\n","sortOrder":215},{"sectionNumber":"148","sectionType":"section","heading":"Power to issue infringement notice","content":"\t148 Power to issue infringement notice\n\n(1) An authorised officer may serve an infringement notice on any person whom the officer has reason to believe has committed an offence against this Act or the regulations that is prescribed for the purposes of this subsection.\n\n(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\n(3) The infringement penalty for an offence prescribed for the purposes of subsection (1) is the prescribed infringement penalty.\n\n(4) In this section, ***authorised officer*** includes the following—\n\n(a) the Head, Recycling Victoria;\n\n(b) a person authorised in writing by the Head, Recycling Victoria;\n\n(c) a prescribed person or class of persons.\n\nDivision 11—Authorised officers\n\n","sortOrder":216},{"sectionNumber":"149","sectionType":"section","heading":"Appointment by Head, Recycling Victoria of authorised officers","content":"\t149 Appointment by Head, Recycling Victoria of authorised officers\n\n(1) The Head, Recycling Victoria may appoint as an authorised officer, a person who is an employee, or a member of a class of employee, of—\n\n(a) the Department; or\n\n(b) the Environment Protection Authority; or\n\n(c) a public sector body.\n\n(a) must be in writing; and\n\n(b) is subject to any condition or limitation specified in the appointment; and\n\n(c) is subject to any prescribed condition or limitation; and\n\n(d) may be varied, suspended or revoked by the Head, Recycling Victoria at any time.\n\n","sortOrder":217},{"sectionNumber":"150","sectionType":"section","heading":"Identification of authorised officers","content":"\t150 Identification of authorised officers\n\n(1) The Head, Recycling Victoria must issue to each authorised officer an identification card that complies with subsection (2).\n\n(2) An identification card must—\n\n(a) contain a photograph of the person to whom it is issued; and\n\n(b) state—\n\n(i) the full name of the person to whom it is issued; and\n\n(ii) that the person is an authorised officer for the purposes of this Act; and\n\n(c) specify the date on which the appointment of the authorised officer ends.\n\n(3) An authorised officer must produce their identification card for inspection if asked to do so when performing a function or duty or exercising a power under this Act.\n\n(4) If a person to whom an identification card was issued under subsection (1) ceases to be an authorised officer, the person must return the card to the Head, Recycling Victoria as soon as practicable.\n\n","sortOrder":218},{"sectionNumber":"151","sectionType":"section","heading":"Directions in respect of authorised officers","content":"\t151 Directions in respect of authorised officers\n\n(1) The Head, Recycling Victoria may give directions in respect of the qualifications or training a person must have before the person may be appointed as an authorised officer including training relating to the conduct of an authorised officer.\n\n(2) A person or body who is given a direction under subsection (1) must comply with that direction.\n\n","sortOrder":219},{"sectionNumber":"152","sectionType":"section","heading":"Authorised officer may request name and address","content":"\t152 Authorised officer may request name and address\n\n(1) An authorised officer may request a person to state their name and address if the officer reasonably believes that the person—\n\n(a) has committed or is committing, or is about to commit, an offence against this Act or the regulations; or\n\n(b) may be able to assist in the investigation of an indictable offence against this Act that has been committed, or is suspected of having been committed, by another person.\n\n(2) The authorised officer must—\n\n(a) inform the person of the reasons for the officer's belief; and\n\n(b) in the case of a request under subsection (1)(a), give the person sufficient information to enable them to understand the nature of the offence the officer believes the person has committed or is committing or is about to commit.\n\n(3) A person who is requested under subsection (1) to state their name and address must not—\n\n(a) refuse or fail to comply with the request; or\n\n(b) state a name or address that is false in a material particular; or\n\n(c) state an address other than the person's full and correct address.\n\nPenalty: 20 penalty units.\n\n","sortOrder":220},{"sectionNumber":"153","sectionType":"section","heading":"Authorised officer may give directions","content":"\t153 Authorised officer may give directions\n\n(1) An authorised officer may give a direction to a person to do, or cause to be done, any action or thing that the officer reasonably believes is necessary to address the existence or likely existence of an immediate risk of material harm to—\n\n(a) a waste, recycling or resource recovery service; or\n\n(b) human health or the environment.\n\n(2) A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person under subsection (1).\n\nIn the case of a body corporate, 120 penalty units.\n\n(3) A direction under subsection (1) may be given orally or in writing.\n\n","sortOrder":221},{"sectionNumber":"154","sectionType":"section","heading":"Other authorised officers may assist","content":"\t154 Other authorised officers may assist\n\nThe following persons may assist an authorised officer at that officer's request in the execution of the officer's functions under this Act—\n\n(a) a person appointed as an authorised officer under Part 9 of the **Conservation, Forests and Lands Act 1987**;\n\n(b) an auditor appointed under section 172.\n\n","sortOrder":222},{"sectionNumber":"155","sectionType":"section","heading":"Offence to obstruct authorised officer","content":"\t155 Offence to obstruct authorised officer\n\nIf an authorised officer is performing a function or duty or exercising a power under this Act, a person must not do any of the following—\n\n(a) hinder, delay or obstruct the officer or any person assisting the officer;\n\n(b) conceal from the officer the location or existence of any person or thing;\n\n(c) use abusive, threatening or insulting language to the officer or any person assisting the officer.\n\nIn the case of a body corporate, 120 penalty units.\n\n","sortOrder":223},{"sectionNumber":"156","sectionType":"section","heading":"Offence to assault or threaten authorised officer","content":"\t156 Offence to assault or threaten authorised officer\n\nIf an authorised officer is performing a function or duty or exercising a power under this Act, a person must not do any of the following—\n\n(a) assault the officer or any person assisting the officer;\n\n(b) directly or indirectly intimidate or threaten the officer or any person assisting the officer;\n\n(c) attempt to assault, intimidate or threaten the officer or any person assisting the officer.\n\nPenalty: In the case of a natural person, 2 years imprisonment, or 240 penalty units, or both;\n\nIn the case of a body corporate, 1200 penalty units.\n\n","sortOrder":224},{"sectionNumber":"157","sectionType":"section","heading":"Offence to impersonate","content":"\t157 Offence to impersonate\n\nA person must not falsely hold themselves out to be all or any of the following—\n\n(a) an authorised officer;\n\n(b) an auditor;\n\n(c) a person employed by the Head, Recycling Victoria who is performing a function or exercising a power under this Act.\n\nPenalty: In case of natural person, 60 penalty units;\n\nIn the case of a body corporate, 300 penalty units.\n\n","sortOrder":225},{"sectionNumber":"Div 12","sectionType":"division","heading":"Powers of entry and inspection","content":"Division 12—Powers of entry and inspection\n\n","sortOrder":226},{"sectionNumber":"158","sectionType":"section","heading":"Authorised officer may enter and inspect any place or premises","content":"\t158 Authorised officer may enter and inspect any place or premises\n\n(1) For the purposes of performing a function or duty or exercising a power under this Act, an authorised officer may enter and inspect a place or premises.\n\n(2) An authorised officer must not enter and inspect under subsection (1) any place or premises, or any part of a place or premises, used for residential purposes unless the authorised officer first obtains the written consent of the occupier.\n\nSee also Division 13 (Search warrants).\n\n(3) Without limiting subsection (1), an authorised officer may enter and inspect a place or premises for the purpose of—\n\n(a) determining if a person has contravened this Act or the regulations; or\n\n(b) monitoring compliance with this Act or the regulations; or\n\n(c) determining if there is a risk of—\n\n(ii) harm to human health or the environment from a waste, recycling or resource recovery service; or\n\n(d) inspecting or testing equipment or a vehicle.\n\n(4) An authorised officer may exercise a power to enter and inspect a place or premises—\n\n(a) at any reasonable time; and\n\n(b) at any other time if the authorised officer reasonably believes that there is an immediate risk of—\n\n(ii) harm to human health or the environment from pollution or waste.\n\n","sortOrder":227},{"sectionNumber":"159","sectionType":"section","heading":"Announcement on entry","content":"\t159 Announcement on entry\n\n(1) Immediately on entering a place or premises under this Division, an authorised officer must take all reasonable steps—\n\n(a) to notify the occupier or the apparent occupier for the time being of the place or premises of the entry; and\n\n(b) to produce their identification card for inspection by that person.\n\n(2) An authorised officer is not required to comply with subsection (1) if—\n\n(a) to do so would unreasonably interfere with performing a function or duty or exercising a power under this Act or would cause unreasonable delay; or\n\n(b) the person has been notified in advance of the entry.\n\n","sortOrder":228},{"sectionNumber":"160","sectionType":"section","heading":"Persons assisting authorised officer","content":"\t160 Persons assisting authorised officer\n\n(1) An authorised officer may request the assistance of any person for the purposes of entry and inspection of any place or premises and the taking of any other action under this Division.\n\n(2) The occupier or person in management or control of a place or premises must allow the person assisting the authorised officer under this Division access to the place or premises.\n\nPenalty: 60 penalty units.\n\n(3) If an authorised officer uses the assistance of an interpreter—\n\n(a) an enquiry or request made by the interpreter on behalf of the authorised officer is taken to be made by the authorised officer; and\n\n(b) an answer given to the interpreter is taken to be given to the authorised officer.\n\n","sortOrder":229},{"sectionNumber":"161","sectionType":"section","heading":"Powers on entry","content":"\t161 Powers on entry\n\n(1) An authorised officer who enters a place or premises under this Division may do or cause to be done anything that the authorised officer reasonably believes is necessary for the purpose of performing a function or duty or exercising a power under this Act.\n\n(2) Without limiting subsection (1), an authorised officer may do any of the following—\n\n(a) inspect, examine and make enquiries about a thing at the place or premises;\n\n(b) take and remove samples of a substance or thing at the place or premises;\n\n(c) carry out testing and examination;\n\n(d) take photographic, audio, video or any other type of recording;\n\n(e) examine, copy or take extracts from a document;\n\n(f) inspect, examine or test any plant, equipment, vehicle or other thing;\n\n(g) bring equipment or material to the place or premises;\n\n(h) seize and remove a thing connected with a suspected contravention of this Act or the regulations;\n\n(i) request the assistance of a person at the place or premises;\n\n(j) take any other action.\n\n(3) For the purposes of subsection (2)(c) and (f), the authorised officer may carry out or cause to be carried out any testing or examination of a thing, including testing that results in the destruction of the thing.\n\n(4) An authorised officer must take reasonable steps to—\n\n(a) minimise disruption caused by the entry and inspection of the place or premises and the taking of any action under this section; and\n\n(b) ensure that the authorised officer does not remain at the place or premises any longer than is reasonably necessary.\n\n","sortOrder":230},{"sectionNumber":"162","sectionType":"section","heading":"Authorised officer may require production of documents","content":"\t162 Authorised officer may require production of documents\n\n(1) An authorised officer who enters a place or premises under this Division may do all or any of the following for the purpose of performing a function or duty or exercising a power under this Act—\n\n(a) request that a person produce a document, or part of a document, located at the place or premises, that is in the person's possession or control;\n\n(b) examine the document or part of the document;\n\n(c) retain the document or part of the document for as long as is reasonably necessary to fulfil the purpose that it is required for;\n\n(d) take extracts from and make copies of the document or part of the document.\n\n(2) A person must not, without reasonable excuse, refuse or fail to comply with a request made under subsection (1)(a).\n\n","sortOrder":231},{"sectionNumber":"163","sectionType":"section","heading":"Authorised officer may require information or answers","content":"\t163 Authorised officer may require information or answers\n\n(1) For the purpose of performing a function or duty or exercising a power under this Act, an authorised officer who enters a place or premises under this Division may request that a person at the place or premises give any information or answer any question.\n\n(2) An authorised officer must only require information or answers from a person if the officer reasonably believes that the person has knowledge of a matter or thing relevant to another person's compliance with this Act or the regulations.\n\n(3) A person must not, without reasonable excuse, refuse or fail to comply with a request made under subsection (1).\n\n","sortOrder":232},{"sectionNumber":"164","sectionType":"section","heading":"Report to be given about entry and inspection of place or premises","content":"\t164 Report to be given about entry and inspection of place or premises\n\n(1) An authorised officer who enters and inspects a place or premises under this Division must give a report concerning the entry and inspection to—\n\n(a) the occupier or apparent occupier for the time being of the place or premises; and\n\n(b) the Head, Recycling Victoria.\n\n(2) The report—\n\n(a) must be given when, or as soon as practicable after, the authorised officer leaves the place or premises; and\n\n(b) must be in writing and include the following—\n\n(i) the time of entry and departure;\n\n(ii) the purpose of the entry and inspection;\n\n(iii) a description of any actions taken at the place or premises;\n\n(iv) a summary of the authorised officer's observations at the place or premises;\n\n(v) the procedure for contacting the authorised officer for further details of the entry and inspection.\n\n","sortOrder":233},{"sectionNumber":"Div 13","sectionType":"division","heading":"Search warrants","content":"Division 13—Search warrants\n\n","sortOrder":234},{"sectionNumber":"165","sectionType":"section","heading":"Authorised officer may apply for search warrant","content":"\t165 Authorised officer may apply for search warrant\n\n(1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to a particular place or particular premises.\n\n(2) An authorised officer may only apply for a search warrant under subsection (1) if the officer reasonably believes that—\n\n(a) there is, or may be within the next 72 hours, a particular thing (including a document) at the place or premises; and\n\n(b) the particular thing may afford evidence of the commission of an offence against this Act or the regulations.\n\n","sortOrder":235},{"sectionNumber":"166","sectionType":"section","heading":"Issue of warrant","content":"\t166 Issue of warrant\n\n(1) A magistrate, on an application under section 165, may issue a search warrant in accordance with the **Magistrates' Court Act 1989** if the magistrate is satisfied, by evidence on oath or affidavit of the authorised officer, that there are reasonable grounds for suspecting that—\n\n(a) there is, or may be within the next 72 hours, a particular thing (including a document) at a place or premises; and\n\n(b) the particular thing may afford evidence of the commission of an offence against this Act or the regulations.\n\n(2) A search warrant under this section must state—\n\n(a) the name of the authorised officer to whom the warrant is issued; and\n\n(b) particulars of the alleged offence in respect of which the warrant has been issued; and\n\n(c) the place or premises to which the warrant relates; and\n\n(d) any conditions to which the warrant is subject; and\n\n(e) a description of the thing that the search is made for; and\n\n(f) whether entry is authorised to be made at any time or during specified hours; and\n\n(g) that the warrant authorises entry on only one occasion; and\n\n(h) a day, not later than 7 days after the day on which the warrant is issued, that the warrant ceases to have effect.\n\n(3) The rules that apply to search warrants under the **Magistrates' Court Act 1989** extend and apply to a search warrant issued under this section.\n\n","sortOrder":236},{"sectionNumber":"167","sectionType":"section","heading":"What may a search warrant authorise?","content":"\t167 What may a search warrant authorise?\n\nA search warrant issued under section 166 may authorise an authorised officer and any assistants the authorised officer considers necessary—\n\n(a) to enter the place or premises named or described in the warrant; and\n\n(b) to search for the thing named or described in the warrant.\n\n","sortOrder":237},{"sectionNumber":"168","sectionType":"section","heading":"Announcement before entry with warrant","content":"\t168 Announcement before entry with warrant\n\n(1) Before executing a search warrant issued under section 166, the authorised officer named in the warrant—\n\n(a) must announce the fact of being authorised by the warrant to enter the place or premises; and\n\n(b) must give any person on the place or premises an opportunity to allow entry to it.\n\n(2) The authorised officer need not comply with subsection (1) if the officer reasonably believes that immediate entry to the place or premises is required to ensure—\n\n(a) the safety of any person; or\n\n(b) that the effective execution of the warrant is not frustrated.\n\n","sortOrder":238},{"sectionNumber":"169","sectionType":"section","heading":"Copy of warrant to be given to occupier","content":"\t169 Copy of warrant to be given to occupier\n\nIf an occupier or apparent occupier is present at a place or premises in respect of which a search warrant issued under section 166 is being executed, the authorised officer must—\n\n(a) produce their identification card for inspection; and\n\n(b) give a copy of the warrant to the occupier or apparent occupier.\n\n","sortOrder":239},{"sectionNumber":"Div 14","sectionType":"division","heading":"Return and forfeiture of seized things","content":"Division 14—Return and forfeiture of seized things\n\n","sortOrder":240},{"sectionNumber":"170","sectionType":"section","heading":"Return of seized things","content":"\t170 Return of seized things\n\n(1) As soon as possible after an authorised officer seizes or obtains a thing (including a document) under this Part, the authorised officer must return the thing to the owner unless—\n\n(a) the Head, Recycling Victoria considers it necessary to retain the thing because it may afford evidence in a proceeding that has been, or may be, commenced for an offence against this Act or the regulations; or\n\n(b) the thing is forfeited to the Head, Recycling Victoria under section 171; or\n\n(c) the Head, Recycling Victoria is otherwise authorised, whether by an Act or other law or by a court order, to retain, destroy or dispose of the thing.\n\n(2) The Head, Recycling Victoria may return the thing unconditionally or on such terms and conditions as the Head, Recycling Victoria considers appropriate to minimise the risks of harm to human health or the environment from pollution or waste.\n\n(3) If the Head, Recycling Victoria imposes terms and conditions on the return of a thing under subsection (2), the owner of the thing must comply with those terms and conditions.\n\nIn the case of a body corporate, 300 penalty units.\n\n","sortOrder":241},{"sectionNumber":"171","sectionType":"section","heading":"Forfeiture of seized things","content":"\t171 Forfeiture of seized things\n\n(1) Any thing (including a document) that an authorised officer has seized under this Part is forfeited to the Head, Recycling Victoria if the Head, Recycling Victoria—\n\n(a) cannot find the owner despite making reasonable enquiries; or\n\n(b) cannot return it to the owner despite making reasonable efforts; or\n\n(c) considers it necessary to retain the thing to prevent the commission of an offence against this Act or the regulations.\n\n(2) If a thing is forfeited under subsection (1)(c), the Head, Recycling Victoria, unless the Head, Recycling Victoria cannot find the owner despite making reasonable enquiries, must—\n\n(a) give the owner written notice of the forfeiture; and\n\n(b) set out how the owner may apply to VCAT for review of the decision to forfeit the thing.\n\n","sortOrder":242},{"sectionNumber":"Div 15","sectionType":"division","heading":"Audits","content":"Division 15—Audits\n\n","sortOrder":243},{"sectionNumber":"172","sectionType":"section","heading":"Appointment of auditors","content":"\t172 Appointment of auditors\n\n(1) The Head, Recycling Victoria may appoint as an auditor, a person who is—\n\n(a) an employee, or a member of a class of employee, of the Department; or\n\n(b) a prescribed person or a person of a prescribed class of person.\n\n(a) must be in writing; and\n\n(b) must not exceed 3 years; and\n\n(c) is subject to any condition or limitation specified in the appointment; and\n\n(d) is subject to any prescribed condition or limitation; and\n\n(e) may be varied, suspended or revoked by the Head, Recycling Victoria in accordance with the regulations.\n\n","sortOrder":244},{"sectionNumber":"173","sectionType":"section","heading":"Functions of an auditor","content":"\t173 Functions of an auditor\n\n(1) An auditor has the following functions—\n\n(a) to perform any function conferred on them by this Act or any other Act or the regulations;\n\n(b) to perform any prescribed function.\n\n(2) In performing a function referred to in subsection (1), an auditor must do so having regard to—\n\n(a) any guidelines issued by the Minister under section 181; and\n\n(b) any guidelines issued by the Head, Recycling Victoria under section 112; and\n\n","sortOrder":245},{"sectionNumber":"Div 16","sectionType":"division","heading":"Miscellaneous","content":"Division 16—Miscellaneous\n\nS. 174 (Heading) amended by No. 36/2022 s. 18(1).\n\nS. 174 amended by No. 36/2022 s. 18(2).\n\n","sortOrder":246},{"sectionNumber":"174","sectionType":"section","heading":"Persons who may prosecute","content":"\t174 Persons who may prosecute\n\nA proceeding for an offence against a provision of this Act or the regulations may only be commenced by—\n\n(a) an authorised officer; or\n\n(b) an employee of the Department appointed by the Head, Recycling Victoria for the purposes of this section; or\n\n(c) a prescribed person or a person of a prescribed class of person.\n\n","sortOrder":247},{"sectionNumber":"175","sectionType":"section","heading":"Written statement of authorised officers to be evidence","content":"\t175 Written statement of authorised officers to be evidence\n\nA written statement purporting to be signed by an authorised officer is prima facie evidence of the matters stated in it if it is to the effect—\n\n(a) that a map, photograph or other document is accurate; or\n\n(b) that a contravention of this Act or the regulations occurred at a particular location; or\n\n(c) that a document that purports to set out the cost of work carried out by the Head, Recycling Victoria is accurate.\n\n","sortOrder":248},{"sectionNumber":"176","sectionType":"section","heading":"Conduct of employee, agent or officer taken to be conduct of body corporate","content":"\t176 Conduct of employee, agent or officer taken to be conduct of body corporate\n\nFor the purposes of this Act, any conduct engaged in or on behalf of a body corporate by an employee, agent or officer of the body corporate, is taken to be conduct engaged in by the body corporate if the employee, agent or officer is acting within the actual scope of their employment or authority.\n\n","sortOrder":249},{"sectionNumber":"177","sectionType":"section","heading":"Criminal liability of officers of bodies corporate—accessorial liability","content":"\t177 Criminal liability of officers of bodies corporate—accessorial liability\n\n(1) If a body corporate or council commits an offence against a provision specified in subsection (2), an officer of the body corporate or council also commits an offence against the provision if the officer—\n\n(a) authorised or permitted the commission of the offence by the body corporate or council; or\n\n(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate or council.\n\n(2) For the purposes of subsection (1), the following provisions are specified—\n\n(a) section 74 (Duty of providers of essential waste, recycling or resource recovery services to minimise risk of failure, disruption or hinderance of service);\n\n(b) section 71 (Offence of failing to incorporate service standards);\n\n(c) section 100(1) (Offence to dispose of suitable eligible container at a landfill site);\n\nS. 177(2)(d) amended by No. 35/2023 s. 20.\n\n(d) section 105(1) (Offence to supply beverage in suitable eligible container that does not bear a refund marking);\n\n(e) section 106(1) (Offence to refuse delivery of suitable eligible container or fail to pay refund amount);\n\n(f) section 109(1) (Offence to present container to refund collection point if container is not subject to the container deposit scheme);\n\nS. 177(2)(g) amended by No. 35/2023 s. 20.\n\n(g) section 110(1) (Offence to supply beverage in container without supply arrangement or approval as suitable eligible container);\n\n(h) section 115 (General offence to provide false or misleading information);\n\n(i) section 116 (General offence to conceal information);\n\n(j) section 117(2) (Offence of failing to provide information under an information gathering notice);\n\n(k) section 126 (Offence to fail to comply with an improvement notice);\n\nS. 177(2)(l) amended by No. 36/2022 s. 19(a).\n\n(l) section 128 (Offence to fail to comply with prohibition notice);\n\nS. 177(2)(m) inserted by No. 36/2022 s. 19(b).\n\n(m) section 74D(1) (Offence to fail to comply with a requirement of the CERCC Plan);\n\nS. 177(2)(n) inserted by No. 36/2022 s. 19(b).\n\n(n) section 74D(3) (Offence to fail to notify Head, Recycling Victoria that unable to comply with a requirement of CERCC Plan);\n\nS. 177(2)(o) inserted by No. 36/2022 s. 19(b).\n\n(o) section 74G (Offence to fail to submit statement of assurance);\n\nS. 177(2)(p) inserted by No. 36/2022 s. 19(b).\n\n(p) section 74H(1) (Offence to fail to comply with a requirement of a RERCC Plan);\n\nS. 177(2)(q) inserted by No. 36/2022 s. 19(b).\n\n(q) section 74H(3) (Offence to fail to notify Head, Recycling Victoria that unable to comply with a requirement of RERCC Plan);\n\nS. 177(2)(r) inserted by No. 36/2022 s. 19(b).\n\n(r) section 74O(1) (Offence to operate a thermal waste to energy facility except as authorised by a waste to energy licence);\n\nS. 177(2)(s) inserted by No. 36/2022 s. 19(b).\n\n(s) section 74P(1) (Offence to fail to comply with a condition of a waste to energy licence);\n\nS. 177(2)(t) inserted by No. 36/2022 s. 19(b).\n\n(t) section 74P(3) (Offence to fail to notify Head, Recycling Victoria of failure to comply with a condition of a waste to energy licence);\n\nS. 177(2)(u) inserted by No. 36/2022 s. 19(b).\n\n(u) section 74Q(1) (Offence to process banned waste at a thermal waste to energy facility using a thermal waste to energy process).\n\n(3) Without limiting any other defence available to the officer, an officer of a body corporate or council may rely on a defence that would be available to the body corporate or council if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate or council would bear.\n\n(4) An officer of a body corporate or council may commit an offence against a provision specified in subsection (2) whether or not the body corporate or council has been prosecuted for, or found guilty of, an offence against that provision.\n\n(5) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the **Crimes Act 1958**.\n\nPart 8—General\n\nDivision 1—VCAT review\n\n\t178 Which decisions are reviewable\n\n(1) The following table sets out—\n\n(a) decisions made under this Act that are reviewable in accordance with this Division (***reviewable decisions***); and\n\n(b) who is eligible to apply for review of a reviewable decision (the ***eligible person*** in relation to the reviewable decision).\n\nS. 178(1) (Table) amended by Nos 36/2022 s. 20, 35/2023 s. 30(7).\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Reviewable decision* | *Column 3*<br>*Eligible person in relation to the reviewable decision* |\n| --- | --- | --- |\n| 1 | Section 23 (power of the Head, Recycling Victoria to exempt a person or class of person from regulations or service standard) | A person refused an exemption.<br>A person given an exemption that is different to the one applied for. | |\n| 2 | Section 25 (power of the Head, Recycling Victoria to amend or revoke an exemption given under section 23) | A person in respect of whom an exemption under section 23 applies. | |\n| 3 | Section 45 (power of the Head, Recycling Victoria to exempt entity from reporting requirements) | A person refused an exemption.<br>A person granted an exemption that is different to the one applied for. | |\n| 4 | Section 47 (power of the Head, Recycling Victoria to amend or revoke exemption from reporting requirements on initiative of the Head, Recycling Victoria) | The person who held or holds the exemption. | |\n|  |  |  | |\n| 5 | Section 48(3) (decision of the Head, Recycling Victoria to amend or refuse to amend exemption from reporting requirements on application) | The applicant for an amendment of an exemption | |\n| 5A | Section 74T(1)(a) (decision of Head, Recycling Victoria to impose a condition on a cap licence (other than a condition specifying an allocated cap amount in a cap licence)) | Applicant for a cap licence | |\n| 5B | Section 74T(1)(b) (decision of Head, Recycling Victoria to refuse to issue a cap licence) | Applicant for a cap licence | |\n| 5C | Section 74Y(1)(a) (decision of Head, Recycling Victoria to impose a condition on an existing operator licence) | Applicant for an existing operator licence | |\n| 5D | Section 74Y(1)(b) (decision of Head, Recycling Victoria to refuse to issue an existing operator licence) | Applicant for an existing operator licence | |\n| 5E | Section 74ZB(1)(a) (decision to amend a waste to energy licence on the initiative of the Head, Recycling Victoria) | Holder of a waste to energy licence | |\n| 5F | Section 74ZB(4)(a) (decision of Head, Recycling Victoria to impose a condition on an amended waste to energy licence amendment (other than a condition specifying an allocated cap amount in a cap licence)) | Applicant for an amendment of a waste to energy licence | |\n| 5G | Section 74ZB(4)(b) (decision of Head, Recycling Victoria to refuse to amend a waste to energy licence on the application of the holder of a waste to energy licence (other than a condition specifying an allocated cap amount in a cap licence)) | Applicant for an amendment of a waste to energy licence | |\n| 5H | Section 74ZC(1)(a) (decision of Head, Recycling Victoria to decrease the allocated cap amount specified in a cap licence on the initiative of the Head, Recycling Victoria) | Holder of a cap licence | |\n| 5I | Section 74ZC(1)(b) (decision of Head, Recycling Victoria to refuse to amend the allocated cap amount specified in a cap licence on the application of the holder of a cap licence) | Holder of a cap licence | |\n| 5J | Section 74ZD(1) (decision of Head, Recycling Victoria to suspend a waste to energy licence) | Holder of a waste to energy licence | |\n| 5K | Section 74ZE(1) (decision of Head, Recycling Victoria to suspend a waste to energy licence with immediate effect) | Holder of a waste to energy licence | |\n| 5L | Section 74ZF(1)(a) (decision of Head, Recycling Victoria to refuse to revoke a waste to energy licence on the application of the holder of a waste to energy licence) | Holder of a waste to energy licence | |\n| 5M | Section 74ZF(1)(b) (decision to revoke a waste to energy licence on the initiative of the Head, Recycling Victoria) | Holder of a waste to energy licence | |\n| 5N | Section 74ZG(1) (decision of Head, Recycling Victoria to revoke a waste to energy licence with immediate effect) | Holder of a waste to energy licence | |\n| 5O | Section 74ZH(1) (decision of Head, Recycling Victoria to disqualify a person from applying for a waste to energy licence) | Person disqualified from applying for a waste to energy licence | |\n| 5P | Section 74ZI(3)(a) (decision of Head, Recycling Victoria to impose a condition on the transfer of a waste to energy licence) | Applicant for transfer of a waste to energy licence | |\n| 5Q | Section 74ZI(3)(b) (decision of Head, Recycling Victoria to refuse to transfer a waste to energy licence) | Applicant for transfer of a waste to energy licence | |\n| 6 | Section 99(3) (power of the Head, Recycling Victoria to refuse to approve a container as a suitable eligible container) | Applicant for approval of a container as a suitable eligible container | |\n| 7 | Section 99(6) (power of the Head, Recycling Victoria to vary or revoke an approval of a suitable eligible container) | Person adversely affected by the decision | |\n| 8 | Section 117 (power of the Head, Recycling Victoria to serve an information gathering notice) | A person served with an information gathering notice | |\n| 9 | Section 125 (power of the Head, Recycling Victoria to issue an improvement notice) | A person issued with an improvement notice | |\n| 10 | Section 127 (power of the Head, Recycling Victoria to issue a prohibition notice) | A person issued with a prohibition notice | |\n| 11 | Section 171(1)(c) (things seized by authorised officers are forfeiture in certain circumstances) | The owner of the seized thing | |\n\n(2) As soon as possible after making a reviewable decision, the decision maker must advise, in writing, the applicant and any other person who has made a written comment on the application of—\n\n(a) the outcome of the application; and\n\n(b) the right of an eligible person under section 45(1) of the **Victorian Civil and Administrative Tribunal Act 1998** to request the decision maker to give a written statement of reasons for the decision; and\n\n(c) the right of an eligible person to apply to VCAT for review of the decision.\n\n(3) A failure of a decision maker to comply with subsection (2) does not affect the validity of the decision.\n\n","sortOrder":250},{"sectionNumber":"179","sectionType":"section","heading":"Reviews by VCAT","content":"\t179 Reviews by VCAT\n\n(1) A person may apply to VCAT for review of a reviewable decision if the person is an eligible person in relation to the reviewable decision.\n\n(2) The application must be made within 28 days after the later of—\n\n(a) the day on which the decision is made; or\n\n(b) if, under section 45 of the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which—\n\n(i) the statement of reasons is given to the person; or\n\n(ii) the person is informed under section 46(5) of that Act that a statement of reasons will not be  \ngiven.\n\nDivision 2—Supplementary provisions\n\n","sortOrder":251},{"sectionNumber":"180","sectionType":"section","heading":"Power of Minister to delegate","content":"\t180 Power of Minister to delegate\n\n(1) The Minister by instrument may delegate to any person or class of persons, employed under Part 3 of the **Public Administration Act 2004** in the administration of this Act, any powers or functions of the Minister under this Act or the regulations.\n\nSee also section 42A of the **Interpretation of Legislation Act 1984**.\n\n(2) An instrument of delegation under subsection (1)—\n\n(a) is subject to any terms and conditions stated in the instrument; and\n\n(b) may be revoked by the Minister at any time.\n\nS. 181 (Heading) amended by No. 36/2022 s. 21(1).\n\n","sortOrder":252},{"sectionNumber":"181","sectionType":"section","heading":"Minister may issue guidelines","content":"\t181 Minister may issue guidelines\n\n(1) The Minister, by notice published in the Government Gazette—\n\n(a) may issue guidelines relating to—\n\n(i) the administration of this Act; and\n\n(ii) compliance with, and the enforcement of, this Act; and\n\nS. 181(1)(a)(iii) inserted by No. 36/2022 s. 21(2).\n\n(iii) the preparation and approval of a Victorian Recycling Infrastructure Plan; and\n\n(b) may amend or revoke the guidelines.\n\n(2) The Minister must publish on the Department's website a notice of—\n\n(a) the issue of guidelines under this section; and\n\n(b) the amendment or revocation of guidelines under this section.\n\n(3) The issue, amendment or revocation of guidelines under this section takes effect—\n\n(a) on the day on which the notice under subsection (2) is published; or\n\n(b) on a later day specified in guidelines.\n\n(4) The Minister must ensure that a copy of any guidelines issued under subsection (1) is available during business hours for inspection on request without charge—\n\n(a) at the Department's office; or\n\n(b) by electronic means.\n\n","sortOrder":253},{"sectionNumber":"182","sectionType":"section","heading":"Review of operation of Act","content":"\t182 Review of operation of Act\n\n(1) The Minister must cause a review to be conducted of the first 5 years of operation of this Act.\n\n(2) The person who undertakes the review must give the Minister a written report of the review.\n\n(3) The Minister must cause a copy of the report of the review to be laid before each House of the Parliament within 7 sitting days of that House after the review is completed.\n\n","sortOrder":254},{"sectionNumber":"183","sectionType":"section","heading":"Regulations","content":"\t183 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) Without limiting any power of the Governor in Council to make regulations under this Act, the Governor in Council may make regulations—\n\n(a) for or with respect to any of the matters set out in Schedule 1;\n\n(b) prescribing forms;\n\nS. 183(2)(c) substituted by No. 35/2023 s. 29.\n\n(c) prescribing fees, including but not limited to variable fees, for determining an application (other than an application under section 99) or accepting a submission under this Act or the regulations;\n\nS. 183(2)(ca) inserted by No. 35/2023 s. 29.\n\n(ca) prescribing the method for calculating fees payable under this Act or the regulations for decisions in respect of applications or submissions, whether payable at the time the application or submission is made or at a later time;\n\n(d) regulating or prohibiting the waiver or refund of fees;\n\n(e) prescribing offences;\n\n(f) prescribing a penalty for any contravention of the regulations not exceeding—\n\n(i) 100 penalty units for a natural person;\n\n(ii) 500 penalty units for a body corporate, or 5 times the penalty prescribed for such a contravention by a natural person, whichever is lesser;\n\n(g) prescribing offences under this Act or the regulations to be infringement offences;\n\n(h) in relation to each infringement offence, prescribing the penalty in respect of the offence.\n\n(3) Regulations made under this Act—\n\n(a) may be of general or limited application;\n\n(b) may differ according to differences in time, place or circumstances;\n\n(c) may leave any matter or thing to be from time to time approved, determined, applied, dispensed with or regulated by a specified person or class of person;\n\n(d) may provide in a specified case or class of case for the exemption of persons or things or a class of person or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to the extent specified;\n\n(e) may confer powers or impose duties in connection with the regulations on any specified person or specified class of person;\n\n(f) may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—\n\n(i) wholly or partially or as amended by the regulations;\n\n(ii) as formulated, issued, prescribed (whether under this Act or any other Act) or published at the time the regulations are made or at any time before then;\n\n(iii) as formulated, issued, prescribed (whether under this Act or any other Act) or published from time to time.\n\n","sortOrder":255},{"sectionNumber":"Part 9","sectionType":"part","heading":"Savings and Transitional Provisions","content":"Part 9—Savings and Transitional Provisions\n\nPt 9 Div. 1 (Heading) inserted by No. 35/2023 s. 21.\n\nDivision 1—General\n\n","sortOrder":256},{"sectionNumber":"184","sectionType":"section","heading":"Definitions","content":"\t184 Definitions\n\n***board*** means a board of directors of a WRR Group under section 389 of the **Environment Protection Act 2017** as in force immediately before the commencement day;\n\n***commencement day*** means the day on which section 193 comes into operation;\n\n***WRR Group*** means a Waste and Resource Recovery Group continued under section 382 of the **Environment Protection Act 2017** as in force immediately before the commencement day;\n\n***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective;\n\n***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective.\n\n","sortOrder":257},{"sectionNumber":"185","sectionType":"section","heading":"Application of Interpretation of Legislation Act 1984","content":"\t185 Application of Interpretation of Legislation Act 1984\n\nExcept where the contrary intention appears, this Part, and any regulations made under this Part, do not affect or take away from the **Interpretation of Legislation Act 1984**.\n\n","sortOrder":258},{"sectionNumber":"186","sectionType":"section","heading":"Abolition of WRR Groups","content":"\t186 Abolition of WRR Groups\n\n(1) On the commencement day—\n\n(a) each WRR Group is abolished; and\n\n(b) each board is abolished; and\n\n(c) a person holding office as a member of a board ceases to hold office.\n\n(2) On the commencement day—\n\n(a) the Crown is the successor in law of a WRR Group; and\n\n(b) all rights, property and assets that immediately before that day were vested in a WRR Group, by force of this section, vest in the Crown; and\n\n(c) all debts, liabilities and obligations of a WRR Group become, by force of this section, debts, liabilities and obligations of the Crown; and\n\n(d) the Crown, by force of this section, is substituted as a party to any proceeding pending in any court or tribunal to which a WRR Group was a party immediately before the commencement day and the Crown has the same rights in the proceeding as a WRR Group; and\n\n(e) the Crown, by force of this section, is substituted as a party to any arrangement or contract entered into by or on behalf of a WRR Group as a party and in force immediately before that day.\n\n","sortOrder":259},{"sectionNumber":"187","sectionType":"section","heading":"Transfer of executive officers and Chief Executive Officer of WRR Group","content":"\t187 Transfer of executive officers and Chief Executive Officer of WRR Group\n\n(1) A person who immediately before the commencement day was an executive officer appointed by a WRR Group under section 399(1) of the **Environment Protection Act 2017**—\n\n(a) is taken on that day to be employed as an executive under Part 3 of the **Public Administration Act 2004** subject to the terms and conditions determined by the Secretary in accordance with subsection (2); and\n\n(b) is taken on that day to have accrued an entitlement to benefits under their employment under Part 3 of the **Public Administration Act 2004** equivalent to the entitlement the person had accrued as an executive officer of a WRR Group before that day.\n\n(2) The terms and conditions determined by the Secretary for the purposes of subsection (1)(a) must be no less favourable overall than the terms and conditions applying to the person's appointment as an executive officer of a WRR Group immediately before the commencement day.\n\n(3) The person who immediately before the commencement day was the Chief Executive Officer appointed by the Metropolitan Waste and Resource Recovery Group under section 399(2) of the **Environment Protection Act 2017**—\n\n(a) is taken on that day to be employed as an executive under Part 3 of the **Public Administration Act 2004** subject to the terms and conditions determined by the Secretary in accordance with subsection (4); and\n\n(b) is taken on that day to have accrued an entitlement to benefits under their employment under Part 3 of the **Public Administration Act 2004** equivalent to the entitlement the person had accrued as the Chief Executive Officer of the Metropolitan Waste and Resource Recovery Group before that day.\n\n(4) The terms and conditions determined by the Secretary for the purposes of subsection (3)(a) must be no less favourable overall than the terms and conditions applying to the person's appointment as the Chief Executive Officer of the Metropolitan Waste and Recovery Group immediately before the commencement day.\n\n","sortOrder":260},{"sectionNumber":"188","sectionType":"section","heading":"Transfer of WRR Group staff","content":"\t188 Transfer of WRR Group staff\n\n(1) A person who immediately before the commencement day was employed under section 400 of the **Environment Protection Act 2017**—\n\n(a) is taken on that day to be a person employed under Part 3 of the **Public Administration Act 2004** (other than an executive within the meaning of that Act) subject to the terms and conditions determined by the Secretary in accordance with subsection (2); and\n\n(b) is taken on that day to have accrued an entitlement under their employment under Part 3 of the **Public Administration Act 2004** to benefits equivalent to the entitlement the person had accrued as an employee of a WRR Group before that day.\n\n(2) The terms and conditions determined by the Secretary for the purposes of subsection (1)(a) must be no less favourable overall than the terms and conditions applying to the person's employment under section 400 of the **Environment Protection Act 2017** immediately before the commencement day.\n\n","sortOrder":261},{"sectionNumber":"189","sectionType":"section","heading":"Superseded references","content":"\t189 Superseded references\n\nA reference to a WRR Group in any Act or any instrument (including a subordinate instrument) made under or for the purposes of any Act or any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to (as appropriate) the Crown or the Head, Recycling Victoria—\n\n(a) so far as the reference relates to any period on or after the commencement day; and\n\n(b) if not inconsistent with the subject matter.\n\n","sortOrder":262},{"sectionNumber":"190","sectionType":"section","heading":"Declared regions","content":"\t190 Declared regions\n\nA waste and resource recovery region within the meaning of section 3(1) of the **Environment Protection Act 2017** immediately before the commencement of section 197 of this Act is taken to be a declared region until a declaration by the Head, Recycling Victoria takes effect in accordance with section 33.\n\nS. 191 repealed by No. 55/2021 s. 191(5).\n\nS. 191A inserted by No. 35/2023 s. 22.\n\n","sortOrder":263},{"sectionNumber":"191A","sectionType":"section","heading":"Transitional provisions—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023","content":"\t191A Transitional provisions—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023\n\n(1) Section 81(3A) does not apply to a Scheme Coordinator agreement entered into before the day on which section 8(3) of the **Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023** comes into operation.\n\n(2) Section 90(3A) does not apply to a network operator agreement entered into before the day on which section 10(3) of the **Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023** comes into operation.\n\nPt 9 Div. 2 (Heading and ss 191B, 191C) inserted by No. 35/2023 s. 22\n\nDivision 2—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023\n\nS. 191B inserted by No. 35/2023 s. 22\n\n","sortOrder":264},{"sectionNumber":"191B","sectionType":"section","heading":"Validation of Scheme Coordinator agreement","content":"\t191B Validation of Scheme Coordinator agreement\n\n(1) Any Scheme Coordinator agreement or part of a Scheme Coordinator agreement in force or purportedly in force immediately before the commencement day is taken to have, and to always have had, the same force and effect as it would if the amendments to section 81 made by section 8 of the amending Act had been in operation at the time the agreement or part was entered into or purportedly entered into.\n\n(2) Without limiting subsection (1), any act or thing done or omitted to be done, directly or indirectly, in reliance on a Scheme Coordinator agreement or under this or any other Act, whether before, on or after the commencement day, is not invalid and is taken to never have been invalid by reason only that, but for subsection (1), the agreement or any part of the agreement was not entered into in accordance with section 81.\n\n***amending Act*** means the **Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023**;\n\n***commencement day*** means the day on which section 8 of the amending Act comes into operation.\n\nS. 191C inserted by No. 35/2023 s. 22.\n\n","sortOrder":265},{"sectionNumber":"191C","sectionType":"section","heading":"Validation of network operator agreements","content":"\t191C Validation of network operator agreements\n\n(1) Any network operator agreement or part of a network operator agreement in force or purportedly in force immediately before the commencement day is taken to have, and to always have had, the same force and effect as it would if the amendments to section 90 made by section 10 of the amending Act had been in operation at the time the agreement or part was entered into or purportedly entered into.\n\n(2) Without limiting subsection (1), any act or thing done or omitted to be done, directly or indirectly, in reliance on a network operator agreement or under this or any other Act, whether before, on or after the commencement day, is not invalid and is taken to never have been invalid by reason only that, but for subsection (1), the agreement or any part of the agreement was not entered into in accordance with section 90.\n\n***amending Act*** means the **Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023**;\n\n***commencement day*** means the day on which section 10 of the amending Act comes into operation.\n\nPt 10 (Headings and ss 192–212) amended by No. 36/2022 ss 22, 23, repealed by No. 55/2021 s. 212.\n\n","sortOrder":266},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Subject matter for Regulations","content":"Schedule 1—Subject matter for Regulations\n\n","sortOrder":267},{"sectionNumber":"1","sectionType":"section","heading":"Entities to sort waste and recycling materials","content":"\t1 Entities to sort waste and recycling materials\n\n1.1 Requiring an entity or a class of entity to separate and sort waste of a specified kind.\n\n1.2 Exceptions to any requirement to separate and sort any kind of waste that applies to an entity or class of entity.\n\n1.3 Requiring an entity or a class of entity to separate and sort recycling materials of a specified kind.\n\n1.4 Exceptions to any requirement to separate and sort any kind of recycling material that applies to an entity or class of entity.\n\n1.5 Separating and sorting requirements including—\n\n(a) that a particular requirement does or does not apply to a particular kind of waste or class of waste; and\n\n(b) that a particular requirement does or does not apply to a particular kind or class of recycling material; and\n\n(c) that a particular requirement differs according to the source of the waste or recycling materials; and\n\n(d) that a particular requirement differs according to geographical location.\n\nSch. 1 item 1A inserted by No. 36/2022 s. 24(1).\n\n","sortOrder":268},{"sectionNumber":"1A","sectionType":"section","heading":"Waste to energy scheme","content":"\t1A Waste to energy scheme\n\n1A.1 Prescribing a process as or as not a thermal waste to energy process.\n\n1A.2 Prescribing waste as or as not permitted waste.\n\n1A.3 The form or manner in which an expression of interest under section 74R must be submitted.\n\n1A.4 Fees for submitting an expression of interest under section 74R.\n\nSch. 1 item 1A.4A inserted by No. 35/2023 s. 28.\n\n1A.4A In respect of the periodic fee payable as a condition of a cap licence, prescribing the period to which the fee applies and when the fee is to be paid.\n\nSch. 1 item 1A.4B inserted by No. 35/2023 s. 28.\n\n1A.4B In respect of the periodic fee payable as a condition of an existing operator licence, prescribing the period to which the fee applies and when the fee is to be paid.\n\n1A.5 Reporting requirements for operators of thermal waste to energy facilities.\n\n1A.6 The process and requirements for making a notification or response under Part 5A.\n\n1A.7 The process and requirements for making an application under section 74ZH.\n\nSch. 1 item 1B inserted by No. 36/2022 s. 24(1).\n\n","sortOrder":269},{"sectionNumber":"1B","sectionType":"section","heading":"CERCC Plan and RERCC Plans","content":"\t1B CERCC Plan and RERCC Plans\n\n1B.1 The preparation and content of the CERCC Plan.\n\n1B.2 Prescribing persons or entities that the Minister must consult before approving or refusing to approve the CERCC Plan.\n\n1B.3 The preparation and content of RERCC Plans.\n\n1B.4 Prescribing responsible entities for the purposes of Division 4 of Part 5.\n\n1B.5 Prescribing requirements of the CERCC Plan, with which it is an offence for a responsible entity to fail to comply.\n\n1B.6 Prescribing requirements of RERCC Plans, with which it is an offence for a responsible entity to fail to comply.\n\n1B.7 Prescribing requirements for the preparation of statements of assurance under section 74G.\n\n1B.8 Information and record keeping requirements for responsible entities.\n\n\t2 Container deposit scheme\n\n2.1 Applications under section 80 to enter into a Scheme Coordinator agreement.\n\nSch. 1 item 2.1A inserted by No. 35/2023 s. 23(1).\n\n2.1A Requirements for determining a fee specified in a Scheme Coordinator agreement under section 81(4)(ea).\n\n2.2 Applications under section 89 to enter into a network operator agreement.\n\n2.3 Notifications under section 98(1) including, but not limited to, information that must be provided with a notification.\n\nSch. 1 item 2.4 repealed by No. 35/2023 s. 23(2).\n\nSch. 1 item 2.5 amended by No. 35/2023 s. 23(3).\n\n2.5 The factors that may or must be considered when determining whether a person is or will be a first supplier of an eligible container in Victoria.\n\n2.6 Persons or classes of person who are or are not to be taken to be first suppliers of an eligible container in Victoria.\n\n2.7 The provision of information by first suppliers to the Head, Recycling Victoria or Scheme Coordinator.\n\n2.8 Applications for the approval of a suitable eligible container.\n\n2.9 Criteria for eligible containers.\n\n2.10 Factors to be taken into account when determining whether an eligible container is a suitable eligible container, including but not limited to material composition or dimensions.\n\n2.11 The refund amount for a suitable eligible container or material recovery facility operator.\n\n2.12 The method by which the refund amount is determined for a suitable eligible container or class of material recovery facility operator.\n\n2.13 Use, disclosure, collection and retention of data requirements in relation to a Scheme Coordinator agreement or network operator agreement.\n\n2.14 The requirements for any methodology for payments under Scheme Coordinator agreements or network operator agreements.\n\n2.15 The requirements for any method for determining a refund under a material recovery facilities protocol or a local government refund sharing protocol.\n\n\t3 Committees\n\n3.1 Regulating the procedures of an advisory committee.\n\nSch. 1 item 4 (Heading) amended by No. 9/2022 s. 33(1).\n\n\t4 Council and Alpine Resorts Victoria services\n\nSch. 1 item 4.1 amended by No. 9/2022 s. 33(2).\n\n4.1 The particular kind of waste in respect of which a council or Alpine Resorts Victoria must provide waste, recycling or resource recovery services.\n\nSch. 1 item 4.2 amended by No. 9/2022 s. 33(3).\n\n4.2 The particular kind of recycling material in respect of which a council or Alpine Resorts Victoria must provide waste, recycling or resource recovery services.\n\nSch. 1 item 4.3 amended by No. 9/2022 s. 33(4).\n\n4.3 The particular waste, recycling or resource recovery services which must be provided by councils or Alpine Resorts Victoria under this Act including—\n\n(a) service standards; and\n\nSch. 1 item 4.3(b) amended by No. 9/2022 s. 33(4).\n\n(b) prescribing any additional waste, recycling or resource recovery service which must be provided by councils or Alpine Resorts Victoria.\n\n\t5 Procurement\n\n5.1 Processes for the procurement of waste, recycling or resource recovery services under Part 4.\n\nSch. 1 item 5.2 amended by No. 9/2022 s. 33(5).\n\n5.2 Contract management support for contracts entered into by councils and Alpine Resorts Victoria for the procurement of waste, recycling or resource recovery services.\n\n5.3 Matters for which a procurement agreement under section 56 must provide.\n\n5.4 The activities in relation to which the Head, Recycling Victoria may provide advice and support under section 57.\n\n5.5 Matters that may be included in guidelines issued under section 58.\n\n5.6 Matters that the Head, Recycling Victoria must take into account when performing a function or duty or exercising a power under Part 4.\n\n\t6 Records\n\n6.1 Specifying requirements for the keeping of records by a person who is providing a waste, recycling or resource recovery service, relating to the production, collection, transfer, transport, receipt, handling, storage, management, containment, treatment, processing, disposal or use of waste and recycling materials.\n\n\t7 Recycling materials\n\n7.1 Prescribing any recycling material or class of recycling material.\n\n7.2 Regulating the use or reuse of recycled materials or substances.\n\n7.3 Regulating or prohibiting any matter that may be recycled.\n\n7.4 Regulating or prohibiting the disposal of recycling materials.\n\n7.5 Regulating or prohibiting the production, collection, transfer, receipt, handling, storage, use, management, treatment and processing of recycling materials.\n\n\t8 Waste\n\n8.1 Prescribing any matter or class of matter as or as not waste.\n\n8.2 Prescribing any matter or class of matter as or as not industrial waste.\n\n8.3 Regulating or prohibiting the disposal of waste material.\n\n8.4 Regulating the use or reuse of waste materials or substances.\n\n8.5 Regulating or prohibiting the disposal of waste, or a class of waste, at a landfill site.\n\n8.6 Regulating or prohibiting the production, generation, collection, transfer, receipt, handling, storage, use, management, containment, treatment and processing of waste.\n\n\t9 Waste, recycling or resource recovery services\n\n9.1 Prescribing any service to be or not to be a waste, recycling or resource recovery service.\n\n9.2 Regulating waste, recycling or resource recovery services.\n\n9.3 Allocating responsibility for operations in waste, recycling or resource recovery services.\n\n9.4 Prescribing any thing or process to be resource recovery in relation to waste.\n\n\t10 Municipal services\n\n10.1 Prescribing a service to be or not to be a municipal recycling service.\n\n10.2 Prescribing a service to be or not to be a municipal residual waste service.\n\n\t11 Regular reporting entities and occasional reporting entities\n\n11.1 Prescribing an entity to be a regular reporting entity.\n\n11.2 Prescribing an entity to be an occasional reporting entity.\n\n\t12 Reporting requirements for regular reporting entities and occasional reporting entities in respect of prescribed information\n\n12.1 The mandatory reporting requirements for the provision of prescribed information by regular reporting entities to the Head, Recycling Victoria including—\n\n(a) the type of information to be reported; and\n\n(b) the timing and frequency at which information must be given to the Head, Recycling Victoria.\n\n12.2 Prescribing the kind or class of information to be retained by occasional reporting entities and the period for which this information must be retained.\n\n12.3 Prescribing different types of information that is required to be provided by specific classes of regular reporting entity.\n\n12.4 Prescribing the criteria to be considered by the Head, Recycling Victoria before granting, amending or refusing an exemption under Division 2 of Part 3.\n\n12.5 In relation to an application for an exemption from reporting requirements and an application for renewal of an exemption—\n\n(a) prescribing the information to be included in an application; and\n\n(b) prescribing the form of the application; and\n\n(c) prescribing the fee to accompany the application.\n\n12.6 In relation to an application for an amendment of an exemption—\n\n(a) prescribing the information to be included in an application; and\n\n(b) prescribing the form of the application; and\n\n(c) prescribing the fee to accompany the application.\n\n\t13 Information sharing and reporting\n\n13.1 Prescribing a public sector body to be a government agency.\n\n13.2 Prescribing a public sector body of another State, or a Territory or the Commonwealth to be a government agency.\n\n13.3 Prescribing a person or body for the purposes of the disclosure of information or data under section 50.\n\n13.4 Prescribing a person or body for the purposes of disclosing confidential information or commercially-sensitive information.\n\n\t14 Manner in which information and data to be provided\n\n14.1 Specifying the manner in which prescribed information or information specified in a direction may be provided to the Head, Recycling Victoria including the following—\n\n(a) through a data and information system established and maintained by the Head, Recycling Victoria under section 51;\n\n(b) through surveys provided by the Head, Recycling Victoria to a person or entity required to provide information and that are completed and returned to the Head, Recycling Victoria by the person or entity;\n\n(c) in writing or an electronic report capable of being—\n\n(i) posted or emailed to the Head, Recycling Victoria; or\n\n(ii) uploaded to a website maintained by the Department or to a prescribed software application or prescribed information technology;\n\n(d) by prescribed technologies that allow data to be provided to the Head, Recycling Victoria in real time;\n\n(e) through regular or strategic independent audits.\n\n14.2 The prescribed requirements and standards a centrally managed data and information system must meet.\n\n","sortOrder":270},{"sectionNumber":"15","sectionType":"section","heading":"Exemptions by Head, Recycling Victoria","content":"\t15 Exemptions by Head, Recycling Victoria\n\n15.1 Forms and fees and applications for exemption by the Head, Recycling Victoria under Division 2 of Part 2.\n\n\t16 Show cause notices\n\n16.1 Prescribing periods of time for the purposes of show cause notices.\n\n\t17 Infringement offences\n\n17.1 Prescribing infringement offences and penalties.\n\n17.2 Prescribing authorised officers who may issue infringement notices.\n\n\t18 Authorised officers\n\n18.1 Prescribing conditions or limitations for the appointment of authorised officers.\n\n\t19 Auditors\n\n19.1 Prescribing the functions of auditors.\n\n19.2 Regulating the conduct and oversight of auditors.\n\n19.3 Regulating the carrying out of audits.\n\n19.4 Prescribing persons or classes of persons who may be appointed as auditors.\n\n19.5 Prescribing conditions and limitations for the appointment of auditors.\n\n19.6 Prescribing matters relating to the variation, suspension or revocation of appointments of auditors.\n\n\t20 Proceedings\n\nSch. 1 item 20.1 amended by No. 36/2022 s. 24(2).\n\n20.1 Prescribing persons or classes of person who may commence a proceeding for an offence against a provision of this Act or the regulations.\n\nSch. 1 item 21 inserted by No. 36/2022 s. 24(3).\n\n\t21 Guidelines, methods or protocols for determining monetary benefit\n\n21.1 Prescribing a guideline, method or protocol for the purposes of Division 9A of Part 7.\n\nSch. 1 item 22 inserted by No. 36/2022 s. 24(3).\n\n\t22 Victorian Recycling Infrastructure Plan\n\n22.1 Matters to be included in a VRIP.\n\n22.2 Matters to be considered in preparing a draft VRIP or draft amendments to a VRIP.\n\n22.3 Persons and bodies to be consulted after preparation of a draft VRIP or draft amendments to a VRIP.\n\n22.4 The process for consultation after preparation of a draft VRIP or draft amendments to a VRIP.\n\n22.5 Documents or information to accompany a draft VRIP or draft amendments to a VRIP for approval.\n\n22.6 Reporting, monitoring and evaluation requirements with respect to a VRIP.\n\n22.7 Matters to be considered in conducting a review of an approved VRIP.\n\n22.8 The process for conducting a review of an approved VRIP.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\nLegislative Assembly: 28 October 2021\n\nLegislative Council: 19 November 2021\n\nThe long title for the Bill for this Act was \"A Bill for an Act to introduce a circular economy in Victoria, to provide for the Head, Recycling Victoria, to provide for a regulatory framework for waste, recycling or resource recovery services, to make related and consequential amendments to other Acts and for other purposes.\"\n\nThe **Circular Economy (Waste Reduction and Recycling) Act 2021** was assented to on 14 December 2021 and came into operation as follows:\n\nSections 1–37, 50–60, 62–73, 114–198, 200–207, 209–212 on 1 July 2022: Special Gazette (No. 285) 7 June 2022 page 1; sections 75–86, 89–97, 99, 103, 104, 111–113 on 27 September 2022: Special Gazette (No. 506) 27 September 2022 page 1; section 98 on 1 March 2023: Special Gazette (No. 506) 27 September 2022 page 1; sections 87, 88, 100–102, 105–110 on 1 November 2023: Special Gazette (No. 563) 24 October 2023 page 1; sections 38–49, 61, 74 on 1 December 2023: section 2(2).\n\nSections 199, 208 never proclaimed, repealed on 7 September 2022 by sections 22 and 23 of the **Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022**, No. 36/2022.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Circular Economy (Waste Reduction and Recycling) Act 2021** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Circular Economy (Waste Reduction and Recycling) Act 2021, No. 55/2021**\n\n| Assent Date: | 14.12.21 |\n| Commencement Date: | Ss 191(5), 212 on 1.7.22: Special Gazette (No. 285) 7.6.22 p. 1 |\n| Note: | S. 212 repealed Pt 10 (ss 192–212) on 1.7.23; s. 191(5) repealed s. 191 on 1.7.24 |\n| Current State: | This information relates only to the provision/s amending the **Circular Economy (Waste Reduction and Recycling) Act 2021** |\n\n**Alpine Resorts Legislation Amendment Act 2022, No. 9/2022**\n\n| Assent Date: | 16.3.22 |\n| Commencement Date: | Ss 23–33 on 1.10.22: Special Gazette (No. 371) 26.7.22 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Circular Economy (Waste Reduction and Recycling) Act 2021** |\n\n**Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022, No. 36/2022**\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | Ss 22, 23 on 7.9.22: s. 2(3)(a); ss 3–21, 24 on 1.6.23: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Circular Economy (Waste Reduction and Recycling) Act 2021** |\n\n**Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023, No. 35/2023**\n\n| Assent Date: | 28.11.23 |\n| Commencement Date: | Ss 3−30 on 29.11.23: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Circular Economy (Waste Reduction and Recycling) Act 2021** |\n\n**Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025**\n\n| Assent Date: | 20.5.25 |\n| Commencement Date: | S. 12 on 21.5.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Circular Economy (Waste Reduction and Recycling) Act 2021** |\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| Commencement Date: | Ss 3(Sch. 1 item 10), 4(Sch. 2 item 4) on 22.10.25: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Circular Economy (Waste Reduction and Recycling) Act 2021** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":271}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Based on the Act's title and known legislative history, it replaced the older Environment Protection Act waste provisions and the Sustainability Victoria Act, representing a significant expansion in scope — moving from reactive waste disposal regulation toward proactive circular economy design principles. The shift to producer responsibility and economy-wide material flow targets reflects a broader scope than predecessor legislation."},"complexity_factors":["Involves multiple interlocking regulatory frameworks (waste management, product stewardship, extended producer responsibility)","Creates obligations across a wide range of industries and sectors, requiring careful interpretation of who is captured","Likely contains delegated legislation (regulations and ministerial orders) that carry much of the operative detail, making the full legal picture harder to grasp from the Act alone","Interfaces with federal legislation including national product stewardship schemes","Enforcement and compliance mechanisms add procedural complexity","The provided legislative text was severely incomplete, limiting full analysis of definitional and technical provisions"],"plain_english_summary":"Victoria’s Circular Economy (Waste Reduction and Recycling) Act 2021 redesigns waste law to push the state from “take-make-dispose” toward reuse, repair and recycling. It creates obligations, targets and regulator powers to cut landfill, boost recycling and expand product stewardship, including extended producer responsibility.\n\nIt affects businesses that make or sell products, waste and recycling firms, councils and consumers. Note: the provided legislative text was incomplete, so some operational details could not be verified."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded materially beyond the narrow initial goal of establishing a state regulator for circular economy activities. Amendments incorporated a long‑term infrastructure planning regime (VRIP, Part 2A: ss 37A–37Y), a detailed waste‑to‑energy licensing and cap system (Part 5A: ss 74L–74ZM), and a comprehensive container deposit scheme with Scheme Coordinator and network operator architecture (Part 6: ss 75–113). It also added extensive risk and contingency planning obligations (ss 74B–74I), a centralised data regime (Part 3), and new funding/account structures (Recycling Victoria Fund ss 37AA–37AC). Those additions move the Act from establishing oversight and enabling circular economy principles to actively directing markets, setting capacity caps, running a refundable container market and prescribing detailed operational, contractual and fiscal arrangements."},"complexity_factors":["Large Act structure: 9 Parts, multiple Divisions and Subdivisions (extensive cross‑referencing across Parts 2A, 3, 5A, 6 and 7).","Very large interpretation/definitions section with 100+ defined terms and many statutory cross‑references (s 3 and schedule notes).","Multiple substantive schemes embedded: VRIP (Part 2A), Waste‑to‑Energy licensing and caps (Part 5A), Container Deposit Scheme with Scheme Coordinator and network operators (Part 6), data reporting regime (Part 3).","Layered approvals and delegated instruments: Minister approvals, Head instruments, Scheme Coordinator agreements, network operator agreements, protocols and regulations (ss 18, 21, 80–81, 90, 103–104, 181, 183).","Complex licensing regime for WtE with cap allocation, existing operator transitory rules, amendment/suspension/revocation pathways and fit‑and‑proper tests (ss 74R–74ZI).","Extensive enforcement architecture: civil penalties, criminal offences, infringement notices, enforceable undertakings, monetary benefit orders, adverse publicity orders, inspectors’ powers, seizure and forfeiture (Part 7).","Detailed reporting framework with regular and occasional reporting entities, exemption pathways, centralised data system, confidentiality rules and publication exceptions (ss 38–55, 44–49, 51, 55).","Significant delegation and discretion points — many provisions permit regulations, prescribed matters or guidelines, shifting detail out of the Act to subordinate instruments (s 183; many schedule items).","Interlocking financial mechanisms: Recycling Victoria Fund divided into accounts, payments into/out of CDS and WtE accounts, fee‑setting powers and methods in agreements (ss 37AA–37AC, s 81(5))."],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a state-level regulator and executive role, the Head, Recycling Victoria, with powers to plan, regulate, collect data, approve exemptions, run inquiries and enforce rules for waste, recycling and resource‑recovery services (see ss 15–21, 16, 17).  The Head is subject to the Minister's direction (s 18).\n\n- Creates three major, interlocking programs:\n  - A 30‑year Victorian Recycling Infrastructure Plan (VRIP) process requiring the Head to prepare, consult on and publish strategic infrastructure plans and annual progress reports (Part 2A: ss 37A–37Y);\n  - A Waste‑to‑Energy licensing and cap system that requires thermal waste‑to‑energy operators to hold licences (cap licences or existing‑operator licences), sets a cap limit on permitted waste, enables applications, amendments, suspensions, revocations and transfers, and imposes fit‑and‑proper and reporting requirements (Part 5A: ss 74L–74ZM); and\n  - A state container deposit scheme (CDS) with a Scheme Coordinator and network operators, rules for first suppliers and approved containers, refund mechanisms, protocols, payments and enforcement (Part 6: ss 75–113, especially ss 79–97, 99–106).\n\n- Imposes data collection and reporting duties on defined classes of entities (regular and occasional reporting entities), gives the Head powers to require additional information and to build a centralised data system (Part 3: ss 38–55, 51). Confidentiality and disclosure rules are set out (ss 50, 55).\n\n- Requires councils and Alpine Resorts Victoria to provide specified municipal waste and recycling services from prescribed dates (s 60) and allows the Head to support and enter procurement agreements with councils (Part 4: ss 56–59).\n\n- Establishes service standards, mandatory sorting rules, duties on providers of essential services to minimise risk, and a framework of risk, consequence and contingency plans for the market and for responsible entities (Part 5: ss 61–74, and Div.4 ss 74A–74K).\n\n- Provides an enforcement toolkit: improvement and prohibition notices, information‑gathering notices, civil penalties, criminal offences, adverse publicity orders, enforceable undertakings, monetary benefit orders, powers of entry, auditors and an appeal route to VCAT for specified decisions (Part 7: ss 114–177 and following; ss 129–147A; Part 8: ss 178–179).\n\nWho decides and who pays\n\n- Who decides: the Head, Recycling Victoria (operational decisions, exemptions, inquiries, enforcement), the Minister (approvals, directions, policy decisions, appointment recommendations), the Governor in Council (formal appointments such as Scheme Coordinator under s 82) and courts/VCAT for disputes and reviews (see ss 15–18, 80–86, 82, 178–179).\n\n- Who pays: private industry (first suppliers) are required to contribute to the CDS under supply arrangements (s 81(1)(a)); waste‑to‑energy licence holders may pay periodic fees (ss 74V(ba), 74Z(ba)); Scheme Coordinator and network operators are paid from scheme collections (ss 79, 96–97); a Recycling Victoria Fund (with separate accounts) holds and disburses money for CDS and WtE (ss 37AA–37AC). Regulations may prescribe fees and charges (s 183).\n\nWho is affected and what behaviour changes\n\n- Councils and Alpine Resorts Victoria: must provide designated municipal services (s 60), incorporate service standards into contracts (ss 70–71), may enter procurement agreements with the Head (Part 4).\n\n- Waste, recycling and resource recovery service providers and material recovery facilities: face mandatory service standards, mandatory sorting rules, reporting obligations, duty to minimise risk of service failure (ss 61, 62–74, 114) and possible directions or notices (ss 72–73, 125–128).\n\n- Thermal waste‑to‑energy facility operators (existing and new): must hold licences to process permitted waste, comply with licence conditions, may be subject to caps, and face fit‑and‑proper tests, suspension, revocation and potential disqualification (Part 5A: ss 74M–74ZI).\n\n- Beverage first suppliers and container manufacturers: must notify the Head (s 98), obtain supply arrangements with the Scheme Coordinator and have eligible containers approved (ss 98–110); suppliers must ensure refund markings (s 105).\n\n- Councils, collection point operators, network operators, Scheme Coordinator and material recovery facility operators: will enter contractual and payment relationships governed by Scheme Coordinator and network operator agreements (ss 80–91, 96–97).\n\nWhy it matters (stated purposes and how the mechanics serve them)\n\n- The Act's stated objective is to transition Victoria to a circular economy (s 5). It pursues this by setting regulatory standards, centralising data, planning infrastructure (VRIP), creating market instruments (market strategies, cap/licence regime for thermal WtE), establishing a container deposit incentive, and strengthening enforcement to ensure compliance (Parts 2A, 3, 5A, 6, 7). Those are the policy levers: planning, information, licensing, financial flows, procurement and sanctions.\n\nTesting the purpose-claims against costs, incentives and trade‑offs (with key sections cited)\n\n- Information and monitoring (ss 38–55, 51): The Head can compel reporting from many classes of entities and build a centralised data system (s 51). Benefit: better market visibility for planning (s 37A). Cost/trade‑off: compliance burden on businesses and councils, and data‑security obligations with criminal penalties for unauthorised disclosures (s 55). The Act allows exemptions (ss 44–49), but those are discretionary and subject to criteria—so firms can seek relief but at administrative cost.\n\n- State planning and approval powers (VRIP, ss 37A–37Y): The VRIP centralises infrastructure planning for 30 years and can guide land use and scheduling of landfill and other facilities (s 37B). Benefit: clearer long‑term signals for infrastructure investment. Trade‑off: the plan is approved by Minister after consultation with agencies (ss 37E–37H), giving the executive high influence over what infrastructure is prioritised; that can advantage projects aligned with the VRIP and make others less viable.\n\n- Licensing and caps for thermal waste‑to‑energy (Part 5A: ss 74M–74U): Operators must hold licences and the Head must not issue licences that exceed a statutory cap (s 74U). Benefit: the cap is a market tool to limit thermal WtE volumes and prioritise recycling/reuse. Cost and incentive effects: caps and fit‑and‑proper tests (s 74ZJ), periodic fees (ss 74V(ba), 74Z(ba)), and potential suspensions/revocations (ss 74ZD–74ZG) raise regulatory and financial barriers to entry and expansion. That can restrict new entrants or scale‑up of facilities and shift material flows toward permitted routes.\n\n- Container deposit scheme (Part 6: ss 76–113): The CDS imposes operational and payment rules, appoints a Scheme Coordinator and network operators, and authorises scheme arrangements (ss 79–81, 88–97). Benefit: creates a refund incentive to divert containers from landfill. Mechanisms: first suppliers pay contributions under supply arrangements (s 81(1)(a)); Scheme Coordinator/co‑ordination of refunds to collection points and material recovery facilities (ss 79, 96–97). Trade‑offs: the Minister and Head can appoint and direct the Scheme Coordinator and network operators (ss 80–86); scheme arrangements may include methodologies and fees (s 81(2)–(5)). These arrangements change contractual relationships and introduce a regulated intermediary model; this affects competition among collection providers and suppliers. The Act authorises related conduct that would otherwise raise competition law issues (s 113).\n\n- Procurement and service standards (ss 56–59, 62–71): The Head can enter procurement agreements with councils and require incorporation of service standards into contracts (ss 56, 70). Benefit: consistent service expectations and potential economies of scale. Trade‑off: reduces councils' contractual freedom and may impose uniform obligations on private contractors; compliance failure is a civil penalty (ss 69–71).\n\n- Risk planning and assurance (ss 74B–74I): The Act obliges the Head to prepare a state CERCC Plan and requires designated responsible entities to prepare RERCC Plans and statements of assurance (ss 74B, 74F, 74G). Benefit: creates formal contingency planning and external assurance for essential services. Cost: recurring administrative and compliance costs for responsible entities with civil penalties for non‑compliance (ss 74D, 74H).\n\n- Enforcement, penalties and remedies (Part 7: ss 114–147B): The Act combines criminal offences, civil penalty provisions, infringement notices, enforceable undertakings, monetary benefit orders (ss 147A–147B) and adverse publicity orders (s 136). Benefit: multiple enforcement pathways give the regulator flexibility. Trade‑off: significant penalties and broad powers of entry, inspection and information gathering may raise compliance costs and legal risk for businesses.\n\nConcentrated benefits and diffuse costs (mechanism not judgement)\n\n- Concentrated benefits: operators who secure cap licences, network operator roles or favourable positions in the VRIP or Scheme Coordinator agreements can obtain predictable revenue streams (see ss 74T–74V; ss 81–91). Those benefits accrue to identifiable parties.\n\n- Diffuse costs: the compliance, reporting and operational costs (licences, RERCC plans, mandatory sorting, data provision) are spread across many businesses, councils and suppliers (see ss 38–43, 61, 74F, 74G).\n\nImplementation risk and discretion\n\n- The Head and the Minister have broad discretion in approvals, exemptions, directions, fees and appointments (ss 18, 23, 83–86, 80–82, 81). That discretion enables adaptive management but concentrates decision‑making power in executive bodies and creates administratively‑driven uncertainty for regulated parties.\n\nKey enforcement and review safeguards\n\n- Many decisions are reviewable by VCAT (Part 8: ss 178–179) and the Act requires publication of many instruments, with limited exceptions (s 18(2)–(3), s 85). There are also procedural safeguards before suspension/revocation of WtE licences (ss 74ZD–74ZF).\n\nNet effect on private enterprise, competition and private choice (summary)\n\n- The Act expands state authority over waste markets through planning (VRIP), mandatory standards, data collection, licensing (WtE) and a state‑runish container deposit architecture. It shifts some market allocation decisions from unfettered contracting to a mix of regulatory approvals, centrally‑agreed scheme arrangements and procurement guidance. This will change incentives for investment, favour parties that secure regulated roles or licences, impose compliance and reporting costs on many businesses and give the Head and Minister significant steering power over market structure (see ss 37A, 74T, 81, 56–59). The Act provides review paths (VCAT) and sets out fees and penalties to enforce compliance (ss 178–179; s 138 table).\n\nSelected notable sections for quick reference: s 5 (objective), ss 15–21 (Head), Part 2A (VRIP), Part 3 (data), Part 5A (waste to energy), Part 6 (container deposit scheme), ss 56–59 (procurement), ss 62–71 (service standards), ss 74B–74I (risk planning), Part 7 (enforcement), ss 178–179 (VCAT review)."},"kimi_summary":{"_metrics":{"completionTokens":956},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 2021 Act has expanded significantly through amendments. The 2022 amendments added: the Victorian Recycling Infrastructure Plan (Part 2A), waste-to-energy scheme (Part 5A), risk/consequence/contingency planning (Division 4 of Part 5), market strategies and reporting (Division 3A of Part 2), and monetary benefit orders. The 2023 amendments added the Recycling Victoria Fund with separate accounts for the container deposit scheme and waste-to-energy scheme, plus validation provisions for agreements. The 2025 amendments made further technical changes. The legislation now covers far more than its original waste reduction and recycling focus — it includes energy generation, financial funds, 30-year infrastructure planning, and complex market intervention mechanisms."},"complexity_factors":["Extensive cross-referencing between Parts and Divisions (e.g., waste-to-energy scheme in Part 5A references definitions, conditions, and enforcement provisions scattered across the Act)","Multiple overlapping regulatory schemes: container deposit scheme, waste-to-energy licensing, VRIP planning, service standards, and risk/contingency planning each with their own procedures","Nested conditional logic in licensing provisions (e.g., cap licences vs existing operator licences with different conditions, amendment rules, and suspension/revocation triggers)","47+ defined terms in section 3 alone, many with their own internal definitions and exceptions","Extensive prescription by regulation — many critical operational details (fees, forms, specific waste categories, reporting requirements) left to subordinate legislation","Complex administrative procedures with multiple stages (e.g., VRIP preparation requires draft, consultation, revised draft, EPA comment, second revised draft, ministerial approval, gazettal)","Dual criminal and civil penalty frameworks with detailed interaction rules (Part 7, Division 9)","Multiple amendment Acts incorporated (2022, 2023, 2025) creating layered transitional provisions and validation clauses"],"plain_english_summary":"**What this law does:**\n\nThis is Victoria's main law for managing waste and recycling, designed to shift the state toward a \"circular economy\" — where products and materials are kept in use for as long as possible rather than being thrown away.\n\n**Key things the law establishes:**\n\n- **Head, Recycling Victoria** — a government officer who oversees waste services, runs the container deposit scheme, manages the waste-to-energy program, and enforces compliance.\n\n- **Container deposit scheme** — a system where you get money back (a refund) for returning eligible drink containers. The scheme involves a Scheme Coordinator, network operators who run collection points, and rules about which containers qualify.\n\n- **Waste-to-energy scheme** — a licensed system allowing certain facilities to burn waste to generate energy, with strict caps on how much waste can be processed and what types are permitted.\n\n- **Victorian Recycling Infrastructure Plan (VRIP)** — a 30-year strategic plan for where recycling and waste facilities should go, including future landfill sites.\n\n- **Mandatory council services** — councils and Alpine Resorts Victoria must provide garbage collection, recycling (including separate glass and food/garden organics), and residual waste services.\n\n- **Service standards** — rules about how waste and recycling services must be performed, including quality requirements.\n\n- **Risk and contingency planning** — large waste companies must prepare plans showing how they'll prevent or manage service disruptions.\n\n- **Data collection and reporting** — regular reporting by councils, waste facilities, and others to track what's happening with waste.\n\n- **Enforcement tools** — improvement notices, prohibition notices, civil penalties, criminal offences, enforceable undertakings, and court orders.\n\n**Who it affects:**\n- Households (through council services and the container deposit scheme)\n- Councils and Alpine Resorts Victoria (must provide services, report data, follow procurement rules)\n- Waste and recycling businesses (must comply with service standards, hold licences for waste-to-energy, report information)\n- Drink manufacturers and retailers (must participate in container deposit scheme)\n- Anyone operating thermal waste-to-energy facilities\n\n**Why it matters:**\nThe law aims to reduce landfill, increase recycling, cut pollution, and make Victoria's waste system more reliable and transparent. It replaces older arrangements (like Waste and Resource Recovery Groups) with a more centralized system led by the Head, Recycling Victoria."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/circular-economy-waste-reduction-and-recycling-act-2021","history":"/api/acts/circular-economy-waste-reduction-and-recycling-act-2021/history","analysis":"/api/acts/circular-economy-waste-reduction-and-recycling-act-2021/analysis","conflicts":"/api/acts/circular-economy-waste-reduction-and-recycling-act-2021/conflicts","importantCases":"/api/acts/circular-economy-waste-reduction-and-recycling-act-2021/important-cases","documents":"/api/acts/circular-economy-waste-reduction-and-recycling-act-2021/documents"}}