74NPermitted waste

74N Permitted waste

(1) Subject to this section, permitted waste means—

(a) waste that cannot reasonably be the subject of any further recycling; or

(b) waste prescribed to be permitted waste—

but does not include exempt waste or any waste prescribed not to be permitted waste.

(2) Municipal residual waste is permitted waste if—

S. 74N(2)(a) amended by No. 41/2025 s. 3(Sch. 1 item 10.2).

(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—

(i) in the case of municipal residual waste other than municipal recycling material—

(A) before the date prescribed for the purposes of section 60(1)(d) and (2)(d)—a municipal garden organics service; and

(B) on and after that date—a municipal food organics and garden organics service;

(ii) in the case of municipal recycling materials—

(A) before the date prescribed for the purposes of section 60(1)(c) and (2)(c)—a municipal recycling service; and

(B) on and after that date—a municipal recycling service (other than for glass) and a municipal recycling service for glass; or

(b) in the case of any other municipal residual waste—the waste is collected in accordance with this Act or the regulations; or

(c) the waste is prescribed to be permitted waste.

(3) Industrial waste is permitted waste if—

(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

(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

(c) the waste is prescribed to be permitted waste.

Division 2—Waste to energy licence required for thermal waste to energy processes

S. 74O inserted by No. 36/2022 s. 14.