{"id":"sr:circular-economy-waste-reduction-and-recycling-risk-consequence-and","name":"Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023","slug":"circular-economy-waste-reduction-and-recycling-risk-consequence-and-contingency-plans-and-other-matt","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181475,"registerId":"vic-sr:circular-economy-waste-reduction-and-recycling-risk-consequence-and-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023","content":"Version No. 001\n\n**Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023**\n\n**S.R. No. 134/2023**\n\nVersion as at  \n20 December 2023\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Definitions 2\n\nPart 2—Risk, consequence and contingency plans 3\n\n5 Essential waste, recycling or resource recovery service 3\n\n6 Responsible entity 3\n\n7 Meaning of *Victorian market share* 5\n\n8 Offence to fail to notify the Head, Recycling Victoria when an entity becomes a responsible entity 6\n\n9 Offence to fail to notify the Head, Recycling Victoria when an entity ceases to be a responsible entity 7\n\n10 Preparation of the CERCC Plan 8\n\n11 Content of the CERCC Plan 9\n\n12 Content of RERCC Plans 9\n\n13 Requirements of the RERCC Plan with which it is an offence to fail to comply 12\n\nPart 3—Exemptions 14\n\n14 Application for exemption 14\n\n15 Application for amendment of exemption 18\n\n16 Waiver 22\n\nSchedule 1—Table of essential waste, recycling or resource recovery services 23\n\n═════════════\n\nEndnotes 32\n\n1 General information 32\n\n2 Table of Amendments 34\n\n3 Explanatory details 35\n\n**Version No.** **001**\n\n**Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023**\n\n**S.R. No. 134/2023**\n\nVersion as at  \n20 December 2023\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to prescribe certain services as essential waste, recycling or resource recovery services; and\n\n(b) to prescribe certain entities as responsible entities and to prescribe the obligations of responsible entities with respect to the content of, and compliance with, Responsible Entity Risk, Consequence and Contingency Plans;  and\n\n(c) to prescribe requirements relating to the preparation and content of Circular Economy Risk, Consequence and Contingency Plans; and\n\n(d) to prescribe offences; and\n\n(e) to prescribe fees and other requirements relating to exemptions under Division 2 of Part 2 of the **Circular Economy (Waste Reduction and Recycling) Act 2021**; and\n\n(f) to provide for the waiver of fees by the Head, Recycling Victoria.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 183 of the **Circular Economy (Waste Reduction and Recycling) Act 2021**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 20 December 2023.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***ongoing arrangement*** means an arrangement to provide a service (whether in accordance with a contract or not) for a period of at least 12 months;\n\n***regular* *intervals***, in relation to the provision of a service,  means provided on a periodic basis at a frequency of at least once every 2 months;\n\n***the Act*** means the **Circular Economy (Waste Reduction and Recycling) Act 2021**;\n\n***total amount of waste managed in Victoria*** means an amount specified in a CERCC Plan under regulation 11;\n\n***Victorian market share* has the meaning given in regulation 7.**\n\nPart 2—Risk, consequence and contingency plans\n\n\t5 Essential waste, recycling or resource recovery service\n\nFor the purposes of the definition of ***essential waste, recycling or resource recovery service*** in section 3(1) of the Act, a waste, recycling or resource recovery service specified in column 2 of Table 1 in Schedule 1 that provides services described in the corresponding entry in column 3 of the Table is prescribed as an essential waste, recycling or resource recovery service, unless those services are of a type described in the corresponding entry in column 4 of the Table.\n\n\t6 Responsible entity\n\n(1) For the purposes of the definition of ***responsible entity*** in section 74A of the Act, an entity is prescribed as a responsible entity if—\n\n(a) the entity provides an essential waste, recycling or resource recovery service that is not an essential service within the meaning of section 74C of the **Emergency Management Act 2013**; and\n\n(b) the entity—\n\n(i) holds 20 per cent or more of the Victorian market share for that service or that service for a type of waste; or\n\n**Example**\n\nClinical waste is a type of waste dealt with by an essential waste, recycling or resource recovery service that provides hazardous waste services.\n\n(ii) holds one or more government contracts under which it delivers that service, with a total combined value of over $50 million over the life of the contracts; or\n\n(iii) provides services under ongoing arrangements or at regular intervals in 5 or more declared regions.\n\n(2) A public sector body is not a responsible entity unless it provides an essential waste, recycling or resource recovery service as specified in subregulation (1)—\n\n(a) as one of its statutory functions; or\n\n(b) for reward or profit.\n\n(3) Subregulation (1)(b)(i) does not apply to a service if—\n\n(a) a CERCC Plan is not in force; or\n\n(b) the total amount of waste managed in Victoria by all providers of that service is not published in the CERCC Plan that is in force.\n\n(4) Subregulation (1)(b)(i) does not apply to a service for a type of waste if—\n\n(a) a CERCC Plan is not in force; or\n\n(b) the total amount of waste of that type managed in Victoria by all providers of that service is not published in the CERCC Plan that is in force.\n\n(5) For the purposes of subregulation (1)(b)(ii), the value of a contract does not include the value of any option to extend that contract.\n\n(6) For the purposes of subregulation (1)(b)(iii), a person does not provide a service in a declared region solely by transporting waste and materials for resource recovery—\n\n(a) through that region; or\n\n(b) to that region for the purpose of being aggregated, stored, treated or disposed of at a facility operated by another party.\n\n\t7 Meaning of *Victorian market share*\n\n(1) The ***Victorian market share*** held by an entity providing an essential waste, recycling or resource recovery service during a specified period is the amount of waste managed in Victoria by the entity in that period—\n\n(a) in the course of providing that service, expressed as a percentage of the total amount of waste managed in Victoria by all providers of that service in that period; or\n\n(b) in the course of providing that service for a type of waste, expressed as a percentage of the total amount of waste managed in Victoria by all providers of that service for that type of waste in that period—\n\nas the case requires.\n\n(2) In this regulation, ***specified period*** means a period specified under regulation 11(b).\n\n\t8 Offence to fail to notify the Head, Recycling Victoria when an entity becomes a responsible entity\n\n(1) A responsible entity must notify the Head, Recycling Victoria that it is a responsible entity in accordance with this regulation.\n\nPenalty: In the case of a natural person, 60 penalty units;\n\nIn the case of a body corporate, 300 penalty units.\n\n(2) A notification under subregulation (1) must be made—\n\n(a) in the case of an entity that is a responsible entity under regulation 6(1)(b)(ii) or (iii) before the publication of the first CERCC Plan, within 60 days after the publication of that CERCC Plan; or\n\n(b) in the case of an entity that becomes a responsible entity under regulation 6(1)(b)(i) after the publication of the first CERCC Plan, within 60 days after—\n\n(i) the publication of a CERCC Plan, the contents of which allow the entity to determine its Victorian market share; or\n\n(ii) any change relating to the entity's service provision that occurs after the publication of a CERCC Plan referred to in subparagraph (i) and that results in the entity becoming a responsible entity; or\n\n(c) in the case of an entity that becomes a responsible entity under regulation 6(1)(b)(ii) or (iii) after the publication of the first CERCC Plan, within 60 days after any change relating to the entity's service provision that results in the entity becoming a responsible entity.\n\n(3) For the purposes of subregulation (1), the responsible entity must notify the Head, Recycling Victoria in writing and in the manner and form approved by the Head, Recycling Victoria.\n\n\t9 Offence to fail to notify the Head, Recycling Victoria when an entity ceases to be a responsible entity\n\n(1) An entity must notify the Head, Recycling Victoria that it has ceased to be a responsible entity within 60 days after ceasing to be a responsible entity.\n\nPenalty: In the case of a natural person, 10 penalty units;\n\nIn the case of a body corporate, 50 penalty units.\n\n(2) For the purposes of subregulation (1), the entity must notify the Head, Recycling Victoria in writing and in the manner and form approved by the Head, Recycling Victoria.\n\n**Note**\n\nSee regulation 8 in relation to the notification requirements that apply when an entity becomes a responsible entity, including when an entity regains its status as a responsible entity after providing a notice under this regulation.\n\n\t10 Preparation of the CERCC Plan\n\nFor the purposes of item 1B.1 of Schedule 1 to the Act, in preparing the second CERCC Plan or a subsequent CERCC Plan, the Head, Recycling Victoria must do the following—\n\n(a) undertake a review of any CERCC Plan in force at the time of preparing a new CERCC Plan, to inform the preparation of the new CERCC Plan;\n\n(b) make a draft CERCC Plan available for a consultation period of at least 14 calendar days to—\n\n(i) the responsible entities; and\n\n(ii) any public sector body that may be affected by the CERCC Plan; and\n\n(iii) any other person or entity that the Head, Recycling Victoria considers appropriate;\n\n(c) consider any comments and submissions received during the consultation period and revise the CERCC Plan as appropriate before it is provided to the Minister.\n\n**Note**\n\nSee also section 74B(2) of the Act which requires preparation of the CERCC Plan to be in accordance with any guidelines issued under section 74K of the Act.\n\n\t11 Content of the CERCC Plan\n\nFor the purposes of section 74B(2)(i) of the Act, the following matters are prescribed—\n\n(a) any information available to the Head, Recycling Victoria regarding the total amount of waste managed in Victoria for each—\n\n(i) essential waste, recycling or resource recovery service; and\n\n(ii) type of waste relating to the essential waste, recycling or resource recovery service—\n\nwhether measured by volume or by any other metric; and\n\n(b) the period to which the information included in the CERCC Plan in accordance with paragraph (a) applies for the purposes of determining the Victorian market share held by an entity.\n\n\t12 Content of RERCC Plans\n\nFor the purposes of section 74F(2)(e) of the Act, the following matters are prescribed—\n\n(a) the following information about the responsible entity—\n\n(i) its Australian Company Number, if applicable;\n\n(ii) its Australian Business Number, if applicable;\n\n(iii) the address of the responsible entity and address of any other sites where the responsible entity operates;\n\n(iv) the name and contact details of any directors, the chief executive officer, the chief financial officer, the secretary or any other officer who has control or substantial control over the management of the responsible entity;\n\n(b) the date of preparation of the RERCC Plan;\n\n(c) the date and details of any revisions made to the responsible entity's previous RERCC Plan (if applicable);\n\n(d) a description of the essential waste, recycling or resource recovery services provided by the responsible entity;\n\n(e) which of the criteria in regulation 6(1) the responsible entity meets and a description of how the responsible entity meets that criteria, including—\n\n(i) in the case of a responsible entity that meets criteria in regulation 6(1)(b)(i), the percentage of the Victorian market share that applies to the responsible entity and the service and, if applicable, the type of waste to which that Victorian market share relates; and\n\n(ii) in the case of a responsible entity that meets criteria in regulation 6(1)(b)(ii), the value of the relevant government contracts and the services to which they relate; and\n\n(iii) in the case of a responsible entity that meets criteria in regulation 6(1)(b)(iii), the services provided by the responsible entity that meet the criteria, the declared regions in which the responsible entity provides those services and the intervals at which the services are provided;\n\n(f) the roles and responsibilities of employees of the responsible entity in relation to the preparation of and compliance with the RERCC Plan;\n\n(g) details of any notifications provided to the Head, Recycling Victoria under section 74D(3) or 74H(3) of the Act;\n\n(h) the names of any other entities that provide services under ongoing arrangements or at regular intervals to the responsible entity that are related to the delivery of the essential waste, recycling or resource recovery service;\n\n(i) the names of any other entities that receive services under ongoing arrangements or at regular intervals from the responsible entity that are related to the delivery of the essential waste, recycling or resource recovery service;\n\n(j) details of the identified risks of serious failure, disruption or hindrance to the provision of the essential waste, recycling or resource recovery service for the purposes of section 74F(2)(a) of the Act, including for each identified risk—\n\n(i) an assessment of the likelihood and consequences of it occurring; and\n\n(ii) an assessment of the gravity of the risk based on its likelihood and consequences;\n\n(k) details of when and how the actions and contingency measures for the purposes of section 74F(2)(b) of the Act will be taken;\n\n(l) steps that the responsible entity must take for the monitoring and management of any inherent and residual risks remaining following application of the actions and contingency measures that the responsible entity is taking, or proposes to take, to prevent or minimise identified risks;\n\n(m) a list of documents used in the preparation of the RERCC Plan;\n\n(n) an explanation setting out how the implementation of the RERCC Plan will be monitored and evaluated.\n\n\t13 Requirements of the RERCC Plan with which it is an offence to fail to comply\n\nFor the purposes of item 1B.6 of Schedule 1 to the Act, the following are prescribed requirements of a RERCC Plan with which it is an offence for a responsible entity to fail to comply—\n\n(a) the responsible entity must take the actions and contingency measures identified in the RERCC Plan in accordance with section 74F(2)(b) of the Act and in accordance with the timeframes specified in the RERCC Plan in accordance with regulation 12(k);\n\n(b) the responsible entity must ensure that employees carry out their roles and responsibilities as detailed in the RERCC Plan in accordance with regulation 12(f);\n\n(c) the responsible entity must monitor and manage inherent and residual risks as detailed in the RERCC Plan in accordance with regulation 12(l);\n\n(d) the responsible entity must monitor and evaluate the implementation of the RERCC Plan as detailed in accordance with regulation 12(n).\n\nPart 3—Exemptions\n\n\t14 Application for exemption\n\n(1) For the purposes of section 24(1)(a) and (b) of the Act, an application for exemption is in the prescribed form if it is in writing and contains the following prescribed information—\n\n(a) the applicant's details, including the following—\n\n(i) name;\n\n(ii) postal address;\n\n(iii) street address;\n\n(iv) email address;\n\n(v) contact telephone number;\n\n(vi) photographic proof of identity (in the case of a natural person);\n\n**Example**\n\nPhotographic proof of identity includes a certified copy of a valid driver's licence or passport.\n\n(vii) Australian Company Number (if applicable);\n\n(viii) Australian Business Number (if applicable);\n\n(ix) the name and number of any directors, chief executive officer, chief financial officer, secretary or other officer who has control or substantial control over the management of the business, company or entity (if applicable);\n\n(b) details relating to the exemption, including the following—\n\n(i) the provision of the regulations or of a service standard from which exemption is sought;\n\n(ii) the period for which the exemption is sought, or a statement that the exemption is sought on an ongoing basis;\n\n(iii) the location of the activities or entities to which the application applies;\n\n(iv) the reasons for seeking exemption, including why it is not practicable to comply with the relevant provision;\n\n(v) whether the exemption is being sought only for particular circumstances or unconditionally;\n\n(vi) details of the potential risks associated with the exemption which is being sought, including but not limited to disruption to waste, recycling or resource recovery services;\n\n(vii) details of how those risks will be mitigated if the exemption is given;\n\n(viii) identification of any potential alternative approaches that the applicant could take instead of complying with the provision of the regulations or service standard from which an exemption is sought, including indication of a preferred approach;\n\n**Example**\n\nAn applicant seeking an exemption from prescribed hours of operation for container deposit scheme refund collection points could propose one or more alternatives for hours of operation to better suit the applicant's situation.\n\n(ix) in the case of an applicant seeking an exemption from a provision of regulations relating to a waste to energy facility, or any provision of a service standard—\n\n(A) details of the applicant's potential greenhouse gas emissions, including direct, indirect, short‑term and long-term emissions, and cumulative impacts, if the exemption sought is given; and\n\n(B) details of the applicant's potential greenhouse gas emissions, including direct, indirect, short‑term and long-term emissions, and cumulative impacts, if the exemption sought is refused; and\n\n(C) details of any proposed greenhouse gas emission mitigation measures; and\n\n(D) if applicable, an assessment of the potential climate change impacts and risks that will likely eventuate if the exemption sought is given, having regard to biophysical, economic, environmental, health, social, cumulative and other impacts, whether beneficial or detrimental, direct or indirect; and\n\n(E) if applicable, any measures to be implemented to manage any impacts or risks identified under sub-subparagraph (D);\n\n(x) a description of any consultation that has been carried out with any person whose interests may be affected by the exemption sought;\n\n(xi) details of any previous or current exemptions given to the applicant under the Act;\n\n(xii) any other related information and supporting evidence;\n\n(c) a declaration that the information provided in the exemption application is true and correct;\n\n(d) the date the application was signed by the applicant or an authorised representative of the applicant;\n\n(e) in the case of an application signed by an authorised representative of the applicant, the name of the authorised representative.\n\n(2) The Head, Recycling Victoria, by written notice, may request any further information that the Head, Recycling Victoria considers necessary to determine whether to give or refuse to give an exemption.\n\n(3) A notice under subregulation (2) must specify—\n\n(a) the information which must be provided; and\n\n(b) the date by which the information must be provided to the Head, Recycling Victoria.\n\n(4) For the purposes of section 24(1)(c) of the Act, the prescribed fee is 47 fee units.\n\n\t15 Application for amendment of exemption\n\n(1) For the purposes of section 26(1)(a) of the Act, an application to amend an exemption is in the prescribed form if it is in writing and contains the following prescribed information—\n\n(a) the applicant's details, including the following—\n\n(i) name;\n\n(ii) postal address;\n\n(iii) street address;\n\n(iv) email address;\n\n(v) contact telephone number;\n\n(vi) photographic proof of identity (in the case of a natural person);\n\n**Example**\n\nPhotographic proof of identity includes a certified copy of a valid driver's licence or passport.\n\n(vii) Australian Company Number (if applicable);\n\n(viii) Australian Business Number (if applicable);\n\n(ix) the name and number of any directors, chief executive officer, chief financial officer, secretary or other officer who has control or substantial control over the management of the business, company or entity (if applicable);\n\n(b) the details relating to the exemption, including the following—\n\n(i) number and date of the existing exemption;\n\n(ii) details of the amendment being sought, including the relevant provision of the regulations or of a service standard in respect of which the exemption amendment is sought;\n\n(iii) the period for which the amendment is sought, or a statement that the amendment is required on an ongoing basis;\n\n(iv) the location of the activities or entities to which the application applies;\n\n(v) the reasons for seeking the amendment to the existing exemption, including why it is not practicable to comply with the terms and conditions of the existing exemption;\n\n(vi) whether the amendment is being sought only for particular circumstances or unconditionally;\n\n(vii) details of the potential risks associated with the amendment which is being sought, including but not limited to disruption to waste, recycling or resource recovery services;\n\n(viii) details of how those risks will be mitigated if the amendment is made;\n\n(ix) identification of any potential alternative approaches that the applicant could take instead of complying with the provision of the regulations or service standard in respect of which the exemption amendment is sought, including indication of a preferred approach;\n\n**Example**\n\nAn applicant seeking an amendment to an exemption from prescribed hours of operation for container deposit scheme refund collection points could propose one or more amendments to previously proposed alternatives for hours of operation to better suit their situation.\n\n(x) in the case of an application seeking an amendment to an exemption from a provision of regulations relating to a waste to energy facility, or any provision of a service standard—\n\n(A) details of the applicant's potential greenhouse gas emissions, including direct, indirect, short‑term and long-term emissions, and cumulative impacts, if the amendment sought is made; and\n\n(B) details of the applicant's potential greenhouse gas emissions, including direct, indirect, short‑term and long-term emissions, and cumulative impacts, if the amendment sought is refused; and\n\n(C) details of any proposed greenhouse gas emission mitigation measures; and\n\n(D) if applicable, an assessment of the potential climate change impacts and risks that will likely eventuate if the amendment sought is made, having regard to biophysical, economic, environmental, health, social, cumulative and other impacts, whether beneficial or detrimental, direct or indirect; and\n\n(E) if applicable, any measures to be implemented to manage any impacts or risks identified under sub-subparagraph (D);\n\n(xi) a description of any consultation that has been carried out with any person whose interests may be affected by the amendment being sought;\n\n(xii) details of any previous or current exemptions given to the applicant under the Act;\n\n(xiii) any other related information and supporting evidence;\n\n(c) a declaration that the information provided in the exemption amendment application is true and correct;\n\n(d) the date the application was signed by the applicant or an authorised representative of the applicant;\n\n(e) in the case of an application signed by an authorised representative of the applicant, the name of the authorised representative.\n\n(2) The Head, Recycling Victoria, by written notice, may request any further information that the Head, Recycling Victoria considers necessary to determine whether to amend or refuse to amend an exemption.\n\n(3) A notice under subregulation (2) must specify—\n\n(a) the information which must be provided; and\n\n(b) the date by which the information must be provided to the Head, Recycling Victoria.\n\n(4) For the purposes of section 26(1)(b) of the Act, the prescribed fee for an application to amend an exemption from any provision of the regulations made under the Act or of a service standard is—\n\n(a) in the case of an amendment to correct an error, to change the name, address or contact details of the exempt person or to extend the period during which the exemption remains in force, 12 fee units; or\n\n(b) in any other case, 22 fee units.\n\n\t16 Waiver\n\n(1) The Head, Recycling Victoria may waive any fees payable under regulations 14(4) and 15(4).\n\n(2) A decision to waive fees under subregulation (1) may be made having regard to any matter the Head, Recycling Victoria considers appropriate.\n\n(3) Without limiting subregulation (2), in making a decision, the Head, Recycling Victoria may have regard to whether—\n\n(a) the exemption application relates to a matter in the public interest; or\n\n(b) the applicant is—\n\n(i) experiencing financial hardship (in the case of a natural person); or\n\n(ii) acting on behalf of a not-for-profit or charitable organisation; or\n\n(iii) directly responding to an emergency situation; or\n\n(iv) seeking to pursue innovative approaches to improve circular economy outcomes.\n\nSchedule 1—Table of essential waste, recycling or resource recovery services\n\nRegulation 5\n\n\t1 Definitions\n\nIn this Schedule—\n\n***dangerous goods*** has the same meaning as in section 3(1) of the **Dangerous Goods Act 1985**;\n\n***designated waste*** has the same meaning as in regulation 4 of the Environment Protection Regulations 2021[[1]](#endnote-1);\n\n***e-waste*** has the same meaning as in regulation 4 of the Environment Protection Regulations 2021;\n\n***hazardous waste*** means—\n\n(a) reportable priority waste; or\n\n(b) radioactive materials;  or\n\n(c) dangerous goods;\n\n***public utility*** means any of the following—\n\n(a) a distribution company within the meaning of section 3 of the **Electricity Industry Act 2000**;\n\n(b) a gas distribution company within the meaning of section 3 of the **Gas Industry Act 2001**;\n\n(c) a water corporation within the meaning of section 3(1) of the **Water Act 1989**;\n\n(d) a telecommunications carrier;\n\n***radioactive material*** has the same meaning as in section 3(1) of the **Radiation Act 2005**;\n\n***reportable priority waste***  has the meaning given by section 3(1) of the **Environment Protection Act 2017**.\n\n\t2 Table of prescribed essential waste, recycling or resource recovery services\n\n**Table 1—Essential waste, recycling or resource recovery services**\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Essential waste, recycling or resource recovery service* | *Column 3*<br>*Description of the service* | *Column 4*<br>*Exclusions* |\n| --- | --- | --- | --- |\n| 1 | Landfill services | Services relating to the operation of a landfill facility that receives, discharges or deposits solid waste to land, including waste containment and all associated services including but not limited to landfill gas management and leachate disposal. This includes landfill services related to the disposal of any of the following—<br>(a) hazardous waste;<br>(b) putrescible waste;<br>(c) solid inert waste. | Services relating to—<br>(a) the operation of a municipal landfill facility occupied by a council servicing fewer than 5000 people; or<br>(b) a landfill used only for the discharge or deposit of mining or extractive industry wastes in accordance with the **Mineral Resources (Sustainable Development) Act 1990** that discharges or deposits waste solely to land; or<br>(c) the care and maintenance of a closed landfill facility. |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n| 2 | Hazardous waste services | Services relating to any of the following—<br>(a) the management of reportable priority waste;<br>(b) the management of the disposal of radioactive materials;<br>(c) services relating to the disposal of dangerous goods. | Services relating to the temporary storage of—<br>(a) 40 m3 or less of any biomedical waste not generated at the site by a council, a health service or an ambulance service; or<br>(b) less than 10 m3 of double wrapped, non-friable asbestos not generated at the site for a period of no more than 60 days on land—<br>(i) permitted under a planning scheme made under the **Planning and Environment Act 1987** for use as a transfer station and which is allowed to accept asbestos; or<br>(ii) used as a depot by a public utility or a contractor of the public utility that stores only asbestos generated by the public utility or a contractor of the public utility and that is 100 metres or more from sensitive land uses, including residential premises, health services, childcare centres and education centres; or<br>(c) 1000 litres or less of designated waste not generated at the site if the storage is for a period of no more than 60 days. |\n| 3 | Residual waste services | Services relating to residual waste arising from any of the following—<br>(a) municipal activities;<br>(b) commercial activities;<br>(c) industrial activities;<br>(d) public waste services. |  |\n| 4 | Thermal waste to energy services | Services relating to the operation of a thermal waste to energy facility. |  |\n| 5 | E-waste services | Services relating to the management or disposal of e-waste. |  |\n| 6 | Long-term waste containment services | Services relating to the long-term on-site retention of any waste type in a structure (other than a landfill) specifically designed to contain waste. |  |\n| 7 | Construction and demolition waste services | Services relating to wastes generated by construction and demolition activities. | Services related to skip bin services for private domestic construction and demolition works. |\n| 8 | Metal recycling services | Services related to waste metals. |  |\n| 9 | Municipal resource recovery centre and transfer station services | Services provided by or on behalf of a council or Alpine Resort Management Board relating to the operation of a—<br>(a) resource recovery centre; or<br>(b) transfer station. |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n| 10 | Recycling services (commingled) | Services relating to any of the following—<br>(a) recyclable materials (commingled) collected from—<br>(i) municipal activities; or<br>(ii) commercial activities; or<br>(iii) industrial activities; or<br>(iv) public waste services;<br>(b) recycling from waste arising from municipal, commercial or industrial activities. |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n| 11 | Organics services | Services related to organic wastes, including any of the following—<br>(a) municipal food organics and garden organics services;<br>(b) commercial and industrial food organics and garden organics services;<br>(c) municipal green waste services;<br>(d) commercial and industrial green waste services;<br>(e) services processing organic waste by aerobic or anaerobic biological conversion;<br>(f) rendering, in which substances derived from animals are manufactured or extracted. | Services related to operations processing organic waste generated on-site where the processed organic waste is retained on-site. |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n| 12 | Public waste services | Waste services provided by or on behalf of a government agency on public land, including any of the following—<br>(a) waste services;<br>(b) litter services;<br>(c) waste-related maintenance of public assets including roadways (street sweeping and removal of roadkill);<br>(d) collection, transportation and disposal of illegally dumped waste. |  |\n| 13 | Secure waste destruction services | Services providing secure destruction of waste, including any of the following—<br>(a) documents;<br>(b) records;<br>(c) products;<br>(d) e-waste;<br>(e) hazardous waste;<br>(f) other waste of a secure or confidential nature. |  |\n|  |  |  |  |\n|  |  |  |  |\n| 14 | Recycling services (glass) | Services relating to—<br>(a) recyclable glass materials collected from any of the following—<br>(i) municipal activities;<br>(ii) commercial activities;<br>(iii) industrial activities;<br>(iv) public waste services;<br>(v) the container deposit scheme;<br>(b) the recycling of glass arising from municipal, commercial or industrial activities. |  |\n| 15 | Container deposit scheme services | Services relating to the operation of the container deposit scheme. |  |\n\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\nThe Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023, S.R. No. 134/2023 were made on 19 December 2023 by the Governor in Council under section 183 of the **Circular Economy (Waste Reduction and Recycling) Act 2021**, No. 55/2021 and came into operation on 20 December 2023: regulation 3.\n\nThe Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023 will sunset 10 years after the day of making on 19 December 2033 (see section 5 of the **Subordinate Legislation Act 1994**).\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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule 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 a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\nReg. 5(Sch. 1 item 1) def. of ***designated waste***: S.R. No. 47/2021 as amended by S.R. Nos 82/2021, 92/2021, 123/2021, 131/2021, 132/2021, 85/2022, 86/2022, 120/2022 and 115/2023.\n\n——\n\n**Fee Units**\n\nThese Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\nThe amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\nThe value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\nThe value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n**Penalty Units**\n\nThese Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\nThe value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.\n\nThe value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n1.  [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These Regulations implement and specify details authorised by the Circular Economy (Waste Reduction and Recycling) Act 2021 (section 183). They do not expand the Act's substantive powers but operationalise them by (a) prescribing which services are \"essential\", (b) setting concrete thresholds and calculation methods for identifying \"responsible entities\", (c) prescribing plan contents and certain enforceable obligations, and (d) formalising exemption application and fee mechanics. In short, the Regulations concretise and administer the Act's scope rather than changing it materially."},"complexity_factors":["16 substantive regulations plus Schedule 1 setting out 15 service categories (Table 1).","Multiple defined terms and technical definitions (e.g. \"ongoing arrangement\", \"regular intervals\", \"Victorian market share\", \"total amount of waste managed in Victoria\").","Three alternate thresholds to identify a \"responsible entity\" (20% market share; > $50 million in government contracts; services in 5+ declared regions) with several sub‑exceptions and sequencing rules. (reg 6)","Cross‑references to multiple provisions of the Act (s 74A, 74B, 74F, Schedule 1 to the Act) and to other Acts (Emergency Management Act 2013, Dangerous Goods Act 1985, Environment Protection Act 2017, etc.).","Conditional logic and sequencing: the market‑share test depends on CERCC Plan publication and published waste totals (reg 6(3)–(4); reg 11).","Detailed, multi‑part content prescriptions for RERCC Plans (reg 12) and for exemption applications (regs 14–15), increasing document length and compliance checklist items.","Differentiated offences and penalties (different penalty unit amounts for different failures) and fee schedules with waiver discretion, requiring accounting for monetary units and conversions.","Short mandated consultation period for CERCC Plan drafts (minimum 14 days) nested inside plan preparation and review obligations (reg 10)."],"plain_english_summary":"**What these Regulations do (mechanically)\n\n- Prescribe which waste, recycling and resource‑recovery activities are \"essential services\" (Schedule 1). (reg 5, Sch 1)\n- Define when a business or other body becomes a \"responsible entity\" required to prepare and comply with a Responsible Entity Risk, Consequence and Contingency (RERCC) Plan. There are three trigger tests: a 20% or greater Victorian market share; holding government contracts worth more than $50 million in total; or providing services in ongoing arrangements or at regular intervals in 5 or more declared regions. Public sector bodies are excluded except in limited circumstances. (reg 6)\n- Explain how to calculate \"Victorian market share\" (percentage of waste managed in Victoria by an entity vs all providers) and set the period for that calculation. (reg 7, reg 11(b))\n- Require entities that become or cease to be responsible entities to notify the Head, Recycling Victoria (written, approved form) within fixed timeframes. Failure to notify attracts penalties stated in penalty units. (reg 8–9)\n- Prescribe the process and minimum content for the statewide Circular Economy Risk, Consequence and Contingency (CERCC) Plan that Recycling Victoria prepares, including a short public consultation step (at least 14 days) and use of available waste‑volume data. (reg 10–11)\n- Prescribe detailed minimum content for RERCC Plans that responsible entities must prepare — company identifiers and contacts, what services are supplied and why the entity meets the \"responsible\" thresholds, lists of related service providers and customers, identified risks and their likelihood and consequences, contingency actions and timeframes, monitoring and evaluation arrangements, and supporting documents. (reg 12)\n- Make it an offence for a responsible entity to fail to comply with key elements of its RERCC Plan: to take identified actions/contingencies on time, ensure employees carry out RERCC roles, monitor and manage remaining risks, and monitor/evaluate implementation. (reg 13)\n- Set out how to apply for exemptions from the Act/regulations or service standards, the information applicants must supply, the power for the Head, Recycling Victoria to request further information, and the fees for exemption applications and amendments. (reg 14–15)\n- Allow the Head, Recycling Victoria to waive those fees and list factors the Head may consider (public interest, hardship, not‑for‑profit, emergencies, innovation). (reg 16)\n\nWho this affects and who decides\n\n- Affected parties: businesses and other entities that provide the services listed in Schedule 1 (e.g. landfill operation, hazardous waste management, commingled recycling, organics processing, thermal waste‑to‑energy, e‑waste, container deposit services) and that meet one or more of the \"responsible entity\" thresholds. (reg 5, Sch 1; reg 6)\n- Decision‑makers and administrators: the Head, Recycling Victoria prepares the CERCC Plan, approves notification forms, receives notifications, decides on exemption applications and can waive fees. The Minister receives the CERCC Plan. (reg 10; reg 14–16)\n- Who pays or faces sanctions: responsible entities bear the costs of preparing RERCC Plans, implementing contingency measures, monitoring and reporting; applicants for exemptions pay prescribed fees (47 fee units for a new exemption; amendment fees 12 or 22 fee units depending on the change). Failure to notify or to meet specified RERCC obligations attracts penalties measured in penalty units (see regs 8–9 and Endnotes for unit values). (reg 8–9; reg 14(4); reg 15(4))\n\nWhy it matters (stated rationale and practical consequences)\n\n- Stated purpose: the Regulations provide the detailed rules needed under the Circular Economy (Waste Reduction and Recycling) Act 2021 to identify essential services, determine which providers must prepare risk/consequence/contingency plans, prescribe plan content, and set exemption procedure and fees. (reg 1)\n\n- Practical mechanisms and incentives:\n  - The rule that large providers (by market share, government contract value, or multi‑region operation) must prepare and implement RERCC Plans creates a legal obligation to identify risks and hold contingency measures. That generates administrative and operational costs for those providers (data collection, plan writing, staff roles, exercises) and creates compliance risk because some plan items are backed by offences. (reg 6; reg 12–13)\n  - Publishing the CERCC Plan and requiring it to include total waste volumes for services/types (reg 11) supplies the data businesses need to calculate market share, which affects who is captured by the rules and when notifications must be made. (reg 7; reg 11)\n  - Exemption and amendment processes are formalised (detailed information required and fees), but the Head has discretion to request further information and to waive fees for public interest, hardship, emergencies or innovation, which concentrates decision authority in Recycling Victoria. (reg 14–16)\n\nCosts, trade‑offs and implementation risks to note\n\n- Compliance burden concentrated on larger providers: the thresholds target entities with scale or multiple regions, so costs (staff time, consulting, contingency investments) fall mainly on those businesses. (reg 6)\n- Data dependency and timing risk: the 20% market share test depends on waste‑volume data set out in the CERCC Plan; subregulations exclude the market‑share test where the CERCC Plan is not in force or does not publish totals. That sequencing means an entity may be unable to determine its status until data are published. (reg 6(3)–(4); reg 11)\n- Administrative discretion and information asymmetry: the Head approves notification forms, can request additional information for exemption applications, and can waive fees (broad factors listed). That centralises discretionary power; the Regulation does not prescribe appeal rights in the text of the Regulations. (reg 8(3); reg 14(2); reg 16)\n- Penalties and risk allocation: some failures attract significant penalties (expressed in penalty units — see regs 8–9 and Endnotes for conversion to dollar amounts for a given year), which creates enforcement risk and an incentive to over‑prepare or to seek exemptions. (reg 8–9)\n- Short consultation window for CERCC Plan drafts: the mandatory consultation period is at least 14 calendar days for draft CERCC Plans (reg 10(b)), which is a relatively brief window for affected businesses and public bodies to respond to data or proposals that determine market‑share calculations and downstream obligations.\n\nConcrete behaviour changes these Regulations create\n\n- Large or multi‑region waste service providers will need to: determine whether they meet the responsible‑entity thresholds; notify Recycling Victoria if they become or cease to be a responsible entity (within 60 days); prepare, implement and monitor RERCC Plans with specified content; and comply with contingency actions and monitoring obligations that are enforceable as offences. (reg 6–9; reg 12–13)\n- Applicants seeking regulatory relief must supply detailed evidence and pay prescribed fees unless the Head waives them. (reg 14–16)\n\nSources of concentrated benefit or cost (mechanism based)\n\n- Concentrated compliance cost: burdens fall on entities meeting the thresholds (large market share, large government contracts, or multi‑region providers). (reg 6)\n- Concentrated decision authority: the Head, Recycling Victoria holds the practical decision power on exemptions, fee waivers and form approvals, which may advantage applicants who can engage directly with that office. (reg 8(3); reg 14–16)\n\nSummary statement\n\nThese Regulations operationalise the Act by (1) listing essential waste services, (2) setting bright‑line thresholds that capture large or geographically dispersed providers as \"responsible entities\", (3) prescribing the detailed contents and certain enforceable obligations of entity contingency plans, and (4) formalising exemption procedures and fees with a waiver power. The result is a targeted compliance regime that increases reporting, planning and contingency obligations for larger providers while centralising implementation and exemption discretion in Recycling Victoria."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose under the Circular Economy (Waste Reduction and Recycling) Act 2021. They operationalise specific statutory provisions regarding risk contingency planning (Part 2) and exemption procedures (Part 3) without significant expansion beyond the Act's framework. The detailed prescription of plan contents and exemption applications represents standard regulatory implementation rather than scope creep."},"complexity_factors":["Multiple overlapping thresholds for determining 'responsible entity' status (market share, contract value, geographic coverage) with conditional exceptions (regs 6(3)-(6))","Nested definitions requiring cross-referencing to other Acts (Emergency Management Act 2013, Dangerous Goods Act 1985, Environment Protection Act 2017, etc.)","Detailed prescription of plan content with 14 specific categories (reg 12) and 4 separate offence-triggering compliance requirements (reg 13)","Complex exemption application requirements with 12+ specific information categories, including conditional greenhouse gas reporting requirements that only apply to waste-to-energy facilities (regs 14-15)","Market share calculations dependent on unpublished CERCC Plan data, creating a temporal dependency (regs 6(3)-(4), 7)","Extensive tabular schedule with service-specific inclusions and exclusions across 15 service categories (Schedule 1)","Fee structure with tiered amounts and waiver provisions based on discretionary public interest criteria (regs 14-16)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are designed to make sure Victoria's most important waste and recycling services keep running even when things go wrong. They require major waste companies to plan for disasters and disruptions, and they set out how companies can apply for exemptions from certain rules.\n\n**Who it affects:**\n\n*   **Large waste companies** – Any business that handles significant amounts of waste, recycling, or resource recovery in Victoria. Specifically, companies that:\n    *   Control 20% or more of the market for a particular waste service;\n    *   Have government contracts worth over $50 million; or\n    *   Provide regular services in 5 or more declared regions.\n*   **Recycling Victoria** – The government body that oversees these plans and approves exemptions.\n*   **Businesses seeking exemptions** – Any company wanting to be excused from certain waste management rules.\n\n**Key requirements:**\n\n*   **Risk planning:** Big waste companies must create detailed \"Risk, Consequence and Contingency Plans\" (RERCC Plans) that identify what could go wrong, how serious it would be, and what they'll do about it.\n*   **Notification:** Companies must tell Recycling Victoria when they become (or stop being) a \"responsible entity\" within 60 days, or face fines (up to 300 penalty units for companies).\n*   **Public planning:** Recycling Victoria must publish a statewide plan (CERCC Plan) showing total waste volumes so companies can calculate their market share.\n*   **Exemption process:** The regulations spell out exactly what information companies must provide when applying for exemptions from waste rules, including detailed greenhouse gas assessments for waste-to-energy facilities.\n\n**Why it matters:**\n\nVictoria's waste system is essential infrastructure—if major landfill, recycling, or hazardous waste services stopped suddenly, it would create environmental and public health crises. These rules force the biggest players to think ahead about risks like fires, floods, equipment failures, or market collapses, and to have backup plans ready. The exemption provisions also add accountability by requiring detailed environmental assessments before companies can skip certain requirements.\n\n**Essential services covered:**\n\nThe regulations list 15 types of essential services, including landfill operations, hazardous waste handling, e-waste recycling, container deposit schemes, and organics processing—though some small-scale or specific activities are excluded from the definition."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear consistent with their stated purpose of establishing risk, consequence and contingency planning requirements within the broader circular economy and waste reduction framework. However, the document is too incomplete to make a definitive assessment of whether scope drifted from the original policy intent."},"complexity_factors":["Regulations sit under a parent Act, requiring readers to cross-reference the enabling legislation to understand the full legal framework","Risk, consequence and contingency planning requirements typically involve technical compliance obligations that may be industry-specific","The circular economy framework is relatively new in Australian law, meaning there is limited case law or precedent to guide interpretation","The document provided is heavily truncated, making it impossible to assess the true complexity of the substantive provisions","Multiple interacting concepts (risk assessment, consequence planning, contingency planning) each likely carry their own definitional and procedural requirements"],"plain_english_summary":"These regulations set out requirements for risk management, consequence planning and contingency arrangements in Victoria’s waste reduction and recycling system — asking operators to identify and assess operational risks and prepare plans to manage consequences and disruptions.\n\nThey mainly affect waste and recycling businesses, service providers and relevant public bodies; the aim is to reduce environmental and community harm from service failures. Note: the source text appears incomplete, so details are inferred from the title."}},"importantCases":[],"_links":{"self":"/api/acts/circular-economy-waste-reduction-and-recycling-risk-consequence-and-contingency-plans-and-other-matt","history":"/api/acts/circular-economy-waste-reduction-and-recycling-risk-consequence-and-contingency-plans-and-other-matt/history","analysis":"/api/acts/circular-economy-waste-reduction-and-recycling-risk-consequence-and-contingency-plans-and-other-matt/analysis","conflicts":"/api/acts/circular-economy-waste-reduction-and-recycling-risk-consequence-and-contingency-plans-and-other-matt/conflicts","importantCases":"/api/acts/circular-economy-waste-reduction-and-recycling-risk-consequence-and-contingency-plans-and-other-matt/important-cases","documents":"/api/acts/circular-economy-waste-reduction-and-recycling-risk-consequence-and-contingency-plans-and-other-matt/documents"}}