74BCircular Economy Risk, Consequence and Contingency Plan (CERCC Plan)

74B Circular Economy Risk, Consequence and Contingency Plan (CERCC Plan)

(1) The Head, Recycling Victoria must prepare and submit to the Minister for approval a CERCC Plan on or before 31 December each year.

(2) The CERCC Plan must, in accordance with the regulations and any guidelines issued under section 74K—

(a) identify risks of serious failure, disruption or hindrance to the provision of waste, recycling or resource recovery services; and

(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

(c) outline the consequences of the risks identified under paragraphs (a) and (b), including the severity of the harm that may result; and

(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

(e) specify any action that any responsible entity proposes to take to prevent or minimise a risk identified under paragraph (a) or (b); and

(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

(g) outline any consultation that the Head, Recycling Victoria has carried out for the purposes of preparing the CERCC Plan; and

(h) specify measures required to address any issues identified during the consultation described in paragraph (g); and

(i) include any prescribed matter.

(3) On receiving a proposed CERCC Plan for approval, the Minister must—

(a) approve the proposed CERCC Plan, subject to any amendments specified in the approval; or

(b) refuse to approve the proposed Plan; or

(c) return the proposed Plan to the Head, Recycling Victoria for further revision.

(4) Before approving or refusing to approve a proposed CERCC Plan, the Minister, in accordance with any guidelines issued under section 74K—

(a) must consult with any prescribed person or entity; and

(b) may consult with any responsible entities that the Minister considers appropriate.

(5) The Minister may at any time, on advice from the Head, Recycling Victoria, direct the Head, Recycling Victoria—

(a) to revoke a CERCC Plan; and

(b) to prepare and submit to the Minister for approval under this section a new CERCC Plan within a specified period.