74RHead, Recycling Victoria may invite expressions of interest for cap licences or increase of allocated cap amount

74R Head, Recycling Victoria may invite expressions of interest for cap licences or increase of allocated cap amount

(1) The Head, Recycling Victoria may, in accordance with the regulations, invite expressions of interest to apply for a cap licence from—

(a) persons proposing to operate a thermal waste to energy facility for that facility; and

(b) existing operators proposing to increase the amount of permitted waste that is processed at an existing facility under an existing operator licence.

(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—

(a) persons proposing to operate a thermal waste to energy facility to apply for a cap licence for that facility; and

(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

(c) from holders of cap licences to apply under section 74ZB for an increase in the allocated cap amount specified in the cap licence.

(3) An invitation under subsection (1) or (2) must—

(a) specify the information that must be contained in an expression of interest; and

(b) specify a date by which an expression of interest must be made (the specified date); and

(c) contain any prescribed information.

(4) Subject to subsection (7), the Head, Recycling Victoria, on receiving an expression of interest under subsection (1) must determine either that—

(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

(b) the person must not apply for a cap licence.

(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—

(a) the person who has submitted the expression of interest may apply for a cap licence under section 74S; or

(b) the person must not apply for a cap licence.

(6) Subject to subsection (7), the Head, Recycling Victoria, on receiving an expression of interest under subsection (2)(c) must determine either that—

(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

(b) the person must not apply for an increase in the allocated cap amount specified in the cap licence.