An existing operator licence is subject to the following conditions and limitations—
S. 74Z(a) amended by No. 35/2023 s. 27(1)(b).
(a) any condition or limitation specified in the licence by the Head, Recycling Victoria under section 74Y(1)(a);
S. 74Z(b) amended by No. 35/2023 s. 27(1)(c).
(b) the condition that the existing facility must be fully operational by the day specified in the licence;
S. 74Z(ba) inserted by No. 35/2023 s. 27(2).
(ba) the condition that the holder of an existing operator licence pay any prescribed periodic fee to the Head, Recycling Victoria;
(c) any prescribed condition or limitation.
S. 74ZA inserted by No. 36/2022 s. 14.
74ZA Operator may hold both a cap licence and an existing operator licence
Nothing in this Part prevents the operator of a thermal waste to energy facility from holding a cap licence and an existing operator licence in relation to the facility at the same time.
Division 5—Amendment, suspension, revocation and transfer of waste to energy licences
S. 74ZB inserted by No. 36/2022 s. 14.
74ZB Amendment of waste to energy licences
(1) Subject to subsection (2), the Head, Recycling Victoria, by written notice, may amend a waste to energy licence—
(b) on the application of the holder of the licence.
(2) An application under subsection (1)(b) must—
(a) be made in the prescribed form or manner; and
S. 74ZB(2)(b) amended by No. 35/2023 s. 30(1).
(b) contain the prescribed information; and
(3) The Head, Recycling Victoria must not, under subsection (1)—
(a) in the case of a cap licence, amend the allocated cap amount specified in the cap licence unless—
(i) the Head, Recycling Victoria has determined that the holder of the cap licence may apply for an increase in the allocated cap amount specified in that licence under section 74R(6); and
(ii) the increase would not have the effect of specifying an aggregate amount of permitted waste in cap licences issued by the Head, Recycling Victoria (including cap licences suspended under section 74ZD or 74ZE) that exceeds the cap limit; or
(b) in the case of an existing operator licence, increase the maximum amount of permitted waste that may be processed at an existing waste to energy facility under the existing operator licence each financial year; or
(c) amend any condition of the licence so that it is inconsistent with a condition to which the licence is subject under section 74V(c) or 74Z(c).
Section 74Z - Circular Economy (Waste Reduction and Recycling) Act 2021 - Conditions on existing operator licences | Zoe
(4) On receiving an application under subsection (1)(b), the Head, Recycling Victoria must either—
(a) amend the waste to energy licence subject to any conditions the Head, Recycling Victoria considers appropriate, specified in the amendment; or
(b) refuse to amend the licence.
(5) When determining whether to amend a waste to energy licence under subsection (1), the Head, Recycling Victoria—
(a) must consider the particulars of the thermal waste to energy facility to which the licence relates; and
(b) must consider any prescribed criteria; and
(6) Before determining whether to amend a waste to energy licence under subsection (1)(a), the Head, Recycling Victoria must—
(a) notify the holder of the waste to energy licence of the proposed amendment in accordance with the regulations; and
(7) A notice under subsection (1) must—
(a) in the case of an amendment of the allocated cap amount specified in a cap licence, specify the amended maximum amount (expressed in tonnes per annum) of permitted waste that may be processed at the thermal waste to energy facility under the waste to energy licence each financial year; and
(b) contain any prescribed matter.
(8) An amendment under subsection (1) takes effect—
(a) on the day on which notice of the amendment is given under subsection (1); or
S. 74ZC inserted by No. 36/2022 s. 14.
74ZC Head, Recycling Victoria may decrease allocated cap amount
(1) The Head, Recycling Victoria, by written notice, may decrease the allocated cap amount specified in a cap licence—
(a) if the Head, Recycling Victoria is satisfied that the holder of the cap licence has demonstrated a pattern of processing an amount of permitted waste under the licence that is significantly less than the allocated cap amount specified in that licence; or
(b) on the application of the holder of the licence.
(2) Before determining to decrease an allocated cap amount specified in a cap licence under subsection (1)(a), the Head, Recycling Victoria must—
(a) notify the holder of the licence of the proposed decrease in accordance with the regulations; and
(3) An application under subsection (1)(b) must—
(a) contain any prescribed information; and
(4) The Head, Recycling Victoria, on receiving an application that complies with subsection (3), must either—
(a) decrease the allocated cap amount specified in the cap licence; or
(b) refuse to decrease the allocated cap amount specified in the licence.
(5) When determining whether to decrease or refuse to decrease an allocated cap amount under subsection (4), the Head, Recycling Victoria—
(6) A notice under subsection (1) must—
(a) specify the amended maximum amount (expressed in tonnes per annum) of permitted waste that may be processed at the thermal waste to energy facility under the cap licence each financial year; and
(b) contain any prescribed matter.
(7) A decrease under subsection (1) takes effect—
(a) on the day on which notice of the amendment is given under subsection (1); or
S. 74ZD inserted by No. 36/2022 s. 14.
74ZD Suspension of waste to energy licences
(1) The Head, Recycling Victoria may suspend a waste to energy licence for not more than 12 months if the Head, Recycling Victoria is satisfied—
(a) that the holder of the licence has failed to comply with a condition of the licence; or
(b) that the holder of the licence is convicted or found guilty of an offence against this Act or the regulations; or
(c) that the holder of the licence is no longer a fit and proper person to operate a thermal waste to energy facility; or
(d) that the holder of the licence has given materially incorrect or misleading information to the Head, Recycling Victoria or that the licence was obtained because of materially incorrect or misleading information; or
(e) that the holder of the licence has breached an enforceable undertaking; or
(f) in the case of a cap licence, that the holder of the licence has demonstrated a pattern of processing an amount of permitted waste under the licence that is significantly less than the allocated cap amount specified in the licence; or
(g) that the holder of the licence has failed to comply with an order made by a court or tribunal in any proceeding commenced under this Act or the regulations or the corresponding provisions of the law of another State or a Territory; or
(h) of any prescribed matter.
(2) Before determining whether to suspend a waste to energy licence under subsection (1), the Head, Recycling Victoria must—
(a) notify the holder of the waste to energy licence of the proposed suspension in accordance with the regulations; and
(b) consider any response made by the holder of the licence in accordance with that notice.
(a) state that the Head, Recycling Victoria proposes to suspend the waste to energy licence under this section; and
(b) state the grounds for the proposed suspension; and
(d) invite the holder of the licence to submit written submissions to the Head, Recycling Victoria on the proposed suspension within 28 days after receiving the notice or any longer period specified in the notice.
(4) The Head, Recycling Victoria must, as soon as practicable after determining to suspend a waste to energy licence under subsection (1), give the holder of the licence written notice stating—
(a) that the Head, Recycling Victoria has suspended the waste to energy licence; and
(b) the grounds for the suspension; and
(c) the date on which the suspension takes effect; and
(5) The Head, Recycling Victoria may revoke a suspension under subsection (1) at any time.
S. 74ZE inserted by No. 36/2022 s. 14.
74ZE Immediate suspension
(1) The Head, Recycling Victoria may suspend a waste to energy licence with immediate effect, for a period of not more than 12 months, if the Head, Recycling Victoria is satisfied that it is necessary to immediately suspend the licence, having regard to—
(a) any matter set out in section 74ZD(1); or
(b) any prescribed matter; or
(c) the purposes of this Act.
(2) If the Head, Recycling Victoria suspends a waste to energy licence under subsection (1), the Head, Recycling Victoria must, as soon as practicable after suspending the licence—
(a) notify the holder of the licence of the suspension in accordance with the regulations; and
(a) state that the Head, Recycling Victoria has suspended the waste to energy licence; and
(b) state the grounds for the suspension, including the grounds for the immediate suspension of the licence; and
(d) invite the holder of the licence to submit written submissions to the Head, Recycling Victoria on the suspension within 14 days after receiving the notice or any longer period specified in the notice.
(4) After considering any submissions made in accordance with subsection (2), the Head, Recycling Victoria must—
(a) revoke the suspension of the waste to energy licence; or
(b) refuse to revoke the suspension.
(5) The Head, Recycling Victoria must, as soon as practicable after deciding whether to revoke the suspension of a waste to energy licence under subsection (1), give the holder of the licence written notice stating—
(b) in the case of a decision to refuse to revoke the suspension—
(i) the grounds for the decision; and
(ii) that the holder of the licence may apply to VCAT for review of the decision.
(6) The Head, Recycling Victoria may revoke a suspension under subsection (1) at any time.
S. 74ZF inserted by No. 36/2022 s. 14.
74ZF Revocation of waste to energy licences
(1) Subject to subsection (2), the Head, Recycling Victoria may revoke a waste to energy licence—
(a) on the application of the holder of the licence; or
(b) on the initiative of the Head, Recycling Victoria if the Head, Recycling Victoria is satisfied—
(i) that the licence holder has failed to comply with a condition of the licence; or
(ii) that the holder of the licence is convicted or found guilty of an offence against this Act or the regulations; or
(iii) that the holder of the licence is no longer a fit and proper person to operate a thermal waste to energy facility; or
(iv) that the holder of the licence has given materially incorrect or misleading information to the Head, Recycling Victoria or that the licence was obtained because of materially incorrect or misleading information; or
(v) that the holder of the licence has breached an enforceable undertaking; or
(vi) in the case of a cap licence, that the holder of the licence has demonstrated a pattern of processing an amount of permitted waste under the licence that is significantly less than the allocated cap amount specified in the licence; or
(vii) that the holder of the licence has failed to comply with an order made by a court or tribunal in any proceeding commenced under this Act or the regulations or the corresponding provisions of the law of another State or a Territory; or
(viii) of any prescribed matter.
(2) The Head, Recycling Victoria must not revoke a waste to energy licence under subsection (1) unless the Head, Recycling Victoria considers that suspending the waste to energy licence under section 74ZD or 74ZE would not be appropriate in the circumstances.
(3) Before deciding whether to revoke a waste to energy licence under subsection (1)(b), the Head, Recycling Victoria must—
(a) notify the holder of the waste to energy licence of the proposed revocation in accordance with the regulations; and
(4) A notice under subsection (3)(a) must—
(a) state that the Head, Recycling Victoria proposes to revoke the waste to energy licence under this section; and
(b) state the grounds for the proposed revocation; and
(d) invite the holder of the licence to submit written submissions to the Head, Recycling Victoria on the proposed revocation within 28 days after receiving the notice or any longer period specified in the notice.
(5) The Head, Recycling Victoria must, as soon as practicable after deciding to revoke a waste to energy licence under subsection (1), give the holder of the licence written notice stating—
(b) the reasons for the decision; and
(c) the date on which the revocation takes effect; and
(6) A revocation under subsection (1) takes effect—
(a) on the day on which notice of the revocation is given under subsection (1); or
S. 74ZG inserted by No. 36/2022 s. 14.
74ZG Immediate revocation
(1) The Head, Recycling Victoria may revoke a waste to energy licence with immediate effect if the Head, Recycling Victoria is satisfied that it is necessary to immediately revoke the licence, having regard to—
(a) any matter set out in section 74ZF(1); or
(b) any prescribed matter; or
(c) the purposes of this Act.
(2) If the Head, Recycling Victoria revokes a waste to energy licence under subsection (1), the Head, Recycling Victoria must, as soon as practicable after revoking the licence—
(a) notify the holder of the licence of the revocation in accordance with the regulations; and
(a) state that the Head, Recycling Victoria has revoked the waste to energy licence; and
(b) state the grounds for the revocation, including the grounds for the immediate revocation of the licence; and
(d) invite the holder of the licence to submit written submissions to the Head, Recycling Victoria on the revocation within 14 days after receiving the notice or any longer period specified in the notice.
(4) After considering any submissions made in accordance with subsection (2), the Head, Recycling Victoria must—
(a) cancel the revocation of the waste to energy licence; or
(b) refuse to cancel the revocation.
S. 74ZG(5) amended by No. 35/2023 s. 30(2).
(5) The Head, Recycling Victoria must, as soon as practicable after deciding whether to cancel the revocation of a waste to energy licence under subsection (4), give the holder of the licence written notice stating—
(b) in the case of a decision to refuse to cancel the revocation—
(i) the grounds for the decision; and
(ii) that the holder of the licence may apply to VCAT for review of the decision.
(6) The Head, Recycling Victoria may cancel a revocation under subsection (1) at any time.
S. 74ZH inserted by No. 36/2022 s. 14.
74ZH Disqualification of person from applying for waste to energy licences
S. 74ZH(1) amended by No. 35/2023 s. 30(3).
(1) If the Head, Recycling Victoria revokes a waste to energy licence under section 74ZF or 74ZG, the Head, Recycling Victoria may disqualify the person who was the holder of that licence from applying for a waste to energy licence for a period of not more than 5 years.
(2) Before deciding whether to disqualify a person under subsection (1), the Head, Recycling Victoria must—
(a) notify the person of the proposed disqualification in accordance with the regulations; and
(b) consider any response made by the person.
(a) state that the Head, Recycling Victoria proposes to disqualify the person under this section; and
(b) state the grounds for the proposed disqualification; and
(d) invite the person to submit written submissions to the Head, Recycling Victoria on the proposed disqualification within 28 days after receiving the notice or any longer period specified in the notice.
(4) The Head, Recycling Victoria must, as soon as practicable after deciding to disqualify a person under subsection (1), give the holder of the licence written notice stating—
(b) the reasons for the decision; and
(c) the date on which the disqualification takes effect; and
(5) The Head, Recycling Victoria may revoke a disqualification under subsection (1) at any time.
S. 74ZI inserted by No. 36/2022 s. 14.
74ZI Transfer of waste to energy licences
(1) A person may, with the agreement of the holder of a waste to energy licence, apply to the Head, Recycling Victoria for the transfer of that licence to the applicant.
(a) be made in the prescribed form and manner; and
(b) be accompanied by any prescribed fee.
(3) Subject to subsection (5), the Head, Recycling Victoria, on receiving an application that complies with subsection (2) must either—
(a) transfer the waste to energy licence, subject to any terms and conditions that the Head, Recycling Victoria considers appropriate; or
(b) refuse to transfer the waste to energy licence.
(4) When deciding whether to transfer a waste to energy licence under subsection (3), the Head, Recycling Victoria—
(5) The Head, Recycling Victoria must not transfer a waste to energy 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.
(6) The Head, Recycling Victoria must, as soon as practicable after making a decision under subsection (4), give the applicant and holder of the waste to energy licence written notice stating—
(b) in the case of a decision to transfer the licence, the date on which the transfer takes effect; and
(c) in the case of a decision to refuse to transfer the licence, or a decision to transfer the licence or permit subject to conditions—
(i) the reasons for the decision; and
(ii) that the applicant may apply to VCAT for review of the decision.
Division 6—Miscellaneous
S. 74ZJ inserted by No. 36/2022 s. 14.
74ZJ Fit and proper persons
When determining, for the purposes of this Part, whether a person is a fit and proper person to operate a thermal waste to energy facility, the Head, Recycling Victoria may have regard to any relevant matter including, but not limited to—
(a) whether the person has been convicted or found guilty of an offence against this Act or the regulations; or
(b) whether the person has been convicted or found guilty of an offence against the Corporations Act; or
(c) whether the person has, within the preceding 10 years, been convicted or found guilty of—
(i) an indictable offence; or
(ii) an offence that, if committed in Victoria, would constitute an indictable offence; or
(iii) an offence involving fraud or dishonesty; or
(iv) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i) or (iii); or
(v) an offence against a law of another State or a Territory that regulates the supply of energy; or
(d) whether the person is charged with an offence described in paragraph (a) or (c) and the charge has not been finally dealt with; or
(e) whether the person is contravening or has contravened a provision of this Act or the regulations; or
(f) if the person holds or has held a waste to energy licence, or any licence or permit issued under a law of another State or a Territory that the Head, Recycling Victoria considers to be the equivalent of a waste to energy licence—
(i) whether the person is not complying or has not complied with that licence; or
(ii) whether that licence is or has been suspended or revoked; or
(g) whether the person is an insolvent under administration; or
(h) whether the person is an externally-administered company under the Corporations Act; or
(i) whether the person has failed to comply with the order of any court or tribunal; or
(j) any prescribed matter.
S. 74ZK inserted by No. 36/2022 s. 14.
74ZK Extension of submission period
(1) The Head, Recycling Victoria may, on application, extend the period during which a person may make submissions under this Part relating to—
(a) the suspension or revocation of a waste to energy licence; or
(b) the disqualification of a person from applying for a waste to energy licence.
(2) An application for an extension under subsection (1) must—
(a) be made in writing; and
(b) be accompanied by any prescribed fee; and
(c) include any prescribed information.
(3) On receiving an application that complies with subsection (2), the Head, Recycling Victoria may extend the period during which the applicant may make submissions by not more than 28 days.
S. 74ZL inserted by No. 36/2022 s. 14.
74ZL Guidelines in relation to the waste to energy scheme
(1) The Head, Recycling Victoria may issue guidelines in respect of the operation and administration of the waste to energy scheme under this Part.
(2) The Head, Recycling Victoria must publish any guidelines issued under subsection (1) on a website maintained by the Department.
S. 74ZM inserted by No. 36/2022 s. 14.
74ZM Transitional provisions—existing operators
(1) During the 6 month period beginning on the commencement day, an existing operator is taken to hold an existing operator licence that authorises the existing operator to process an amount of permitted waste at the existing facility using a thermal waste to energy process that is less than or equal to the amount that the existing operator was authorised to process under any existing waste processing authority that is in force immediately before the commencement day.
(2) An existing operator licence under subsection (1) remains in force until the earliest of the following—
(a) the day on which the existing operator is issued an existing operator licence under section 74Y;
(b) the day on which the existing waste processing authority expires (however described) in accordance with the terms and conditions of that authority as in force immediately before the commencement day;
(c) the day that is 6 months after the commencement day.
commencement day means the day on which section 14 of the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 comes into operation.