74YIssue of existing operator licences

74Y Issue of existing operator licences

(1) The Head, Recycling Victoria, on receiving an application that complies with section 74X(2), must either—

S. 74Y(1)(a) substituted by No. 35/2023 s. 26(1).

(a) subject to subsection (4), issue the existing operator 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 existing operator licence.

(2) Before determining whether to issue or refuse to issue an existing operator licence, the Head, Recycling Victoria must be satisfied that the processing of permitted waste using a thermal waste to energy process at the facility to which the application relates—

(a) was authorised by an existing waste processing authority immediately before 1 November 2021 (whether or not any permitted waste had been processed using a thermal waste to energy process at the facility before that day); and

(b) is authorised by an existing waste process authority immediately before the day on which the application is made.

(3) When determining whether to issue or refuse to issue an existing operator licence, the Head, Recycling Victoria—

S. 74Y(4) amended by No. 35/2023 s. 26(2).

(4) The Head, Recycling Victoria must not impose a term or condition on an existing operator licence that is inconsistent with a condition specified in section 74Z(b), (ba) or (c).

(5) The Head, Recycling Victoria must not issue an existing operator 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.

S. 74Y(6) amended by No. 35/2023 s. 26(3).

(6) An existing operator licence issued under subsection (1)(a) must—

(a) specify the maximum amount (expressed in tonnes per annum) of permitted waste that may be processed using a thermal waste to energy process at the existing facility each financial year; and

(b) specify the day on which the existing operator licence ceases to be in force, including the day on which the existing facility must cease to operate; and

(c) set out any condition to which the licence is subject under section 74Z(b); and

(d) contain any prescribed matter.

(7) When determining the amount described in subsection (6)(a), the Head, Recycling Victoria must take into account any prescribed factor.

(8) An existing operator licence remains in force until the earliest of the following—

(a) the day specified in the licence under subsection (6)(b);