74TIssue of cap licences

74T Issue of cap licences

(1) Subject to section 74U, the Head, Recycling Victoria, on receiving an application that complies with section 74S(3), must either—

S. 74T(1)(a) substituted by No. 35/2023 s. 24(1).

(a) subject to subsection (3), issue the cap licence, subject to—

(i) any condition specified in this Part; and

(ii) any terms and conditions that the Head, Recycling Victoria considers appropriate; or

(b) refuse to issue the cap licence.

(2) When determining whether to issue a cap licence under subsection (1), the Head, Recycling Victoria—

S. 74T(3) amended by No. 35/2023 s. 24(2).

(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).

(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.

(5) A cap licence issued under subsection (1) must—

(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

(b) specify the period during which the facility may operate, including the day on which the facility must cease to operate; and

(c) contain any prescribed matter.

(6) A cap licence remains in force until the earliest of the following—

(a) the day on which the cap licence is revoked under section 74ZF or 74ZG; or

(b) the day specified in the cap licence as the day on which the thermal waste to energy facility must cease to operate; or

(c) the day on which the thermal waste to energy facility ceases to operate.

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