Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023 (Victoria)

These Regulations prescribe technical definitions, a 2.5‑million‑tonne annual cap, permitted and exempt waste categories, and the licensing, application and fee rules for Victoria’s waste‑to‑energy scheme under the Circular Economy Act.

They require applicants to supply identity, environmental, commercial and community‑engagement information, set application fees (commonly 780 fee units), and give the Head, Recycling Victoria authority to invite expressions of interest, issue, vary, suspend, decrease caps or revoke licences—so operators pay application costs, bear compliance burdens and face administrative discretion risk.

These Regulations prescribe the operational and procedural detail for the waste to energy scheme established under Part 5A of the Circular Economy (Waste Reduction and Recycling) Act 2021 (the Act). They take effect from 1 June 2023 (reg 3) and are made under s 183 of the Act (reg 2). The Regulations do four practical things.

First, they define technical and scope matters used in the Act. They prescribe what counts as an advanced recycling process (reg 5), define thermal processes such as gasification and pyrolysis (reg 4), and clarify terms including biochar, biosolids, waste biomass and wood waste (reg 4). Those definitions connect directly to the Act’s statutory definitions (for example reg 5 operates “for the purposes of the definition of advanced recycling process in section 74L of the Act”).

Second, they fix a statutory cap limit for permitted thermal processing under the scheme: the prescribed maximum aggregate amount is 2.5 million tonnes per financial year (reg 5A). This is the numerical ceiling that feeds into the cap licence regime in the Act (the Regulations use the phrase “cap limit” consistent with s 74L).

Third, they identify what waste counts as exempt waste and what counts as permitted waste for the thermal waste to energy market. Exempt waste includes a specified list of waste biomass types and “reportable priority waste” (reg 6). Permitted waste is narrowed by excluding waste biomass other than those listed in reg 6(a) or processed as in reg 7(b), and by explicitly including source‑separated municipal residual waste (subject to exclusions) and municipal residual waste that has undergone source separation (reg 8(1)-(2)). Reg 8(3) also sets out the tests an operator must use to show that further reuse or recycling is not technically, environmentally or economically practicable.

Fourth, the Regulations prescribe the application, assessment and decision processes around licences created by the Act: existing operator licences (regs 9-10), cap licences and the expression of interest stage for cap licences (regs 10A-10C), and the procedural rules for amendment, suspension, immediate suspension, revocation, immediate revocation, disqualification, transfer and decreases to allocated cap amounts (regs 11-19). They set required application content (for example identity, fit and proper person material, greenhouse gas and technology information in reg 9(2)(k)), set fees in fee units (for example 780, 2095, 1045 and 390 fee units at various stages), and list the matters the Head, Recycling Victoria may rely upon when deciding to issue, amend, suspend, revoke or transfer licences (for example reg 10C(1) lists commercial viability, proximity to feedstock, offtake agreements and critical infrastructure considerations).

Collectively the Regulations operationalise the Act’s framework: they allocate decision‑making discretions to the Head, Recycling Victoria (power to invite EOIs, request further information, notify licence holders of decreases or suspensions), set documentary and fee obligations for applicants and licence holders, and place thresholds and exclusions around what waste may be thermally processed under the scheme (regs 5-8; regs 9-10C; regs 11-19). The Regulations also incorporate two amendment instruments (S.R. No. 138/2024 and S.R. No. 68/2025) that inserted and amended multiple provisions (see Table of Amendments and reg footnotes).

The Regulations build on a handful of core concepts from the Act and translate them into practical rules.

Cap limit and cap licences. The Regulations prescribe the aggregate cap limit that effectively bounds permitted thermal processing under the scheme: 2.5 million tonnes per financial year (reg 5A). They create an operational pathway to allocate portions of that cap via cap licences. The Head, Recycling Victoria may invite expressions of interest for cap licences or increases to allocated cap amounts and receive applications (reg 10A-10C). Fee tiers apply to cap licence applications based on proposed annual throughput (reg 10B(2)).

Permitted waste and exempt waste. The Regulations operationalise the Act’s definitions by prescribing what counts as exempt waste (reg 6) and what is not permitted waste (reg 8(1)). Exempt waste is a defined subset of waste biomass and includes biosolids and a list of primary production and manufacturing residues (reg 6). Permitted waste explicitly includes some municipal residual waste that has been source separated, while other biomass is excluded unless it falls into the exempt categories or is processed in a specified way (reg 8).

Thermal and advanced recycling processes. The instrument distinguishes thermal waste to energy processes from advanced recycling processes. For advanced recycling, the Regulations prescribe that the process must change chemical structure to produce monomers or chemicals intended for polymer production (not fuels) via cracking, gasification, pyrolysis or depolymerisation (reg 5). For thermal waste to energy, the Regulations exclude (that is, do not include) certain processes,pilot projects with a pilot project licence and processes that treat biomass through pyrolysis or gasification specifically to sequester carbon, for example producing biochar for soil application (reg 7).

Licence application and evaluation criteria. The Regulations specify what must be in applications for existing operator licences (reg 9), cap licences (regs 10A-10C), amendments of licences (reg 11), transfers (reg 17) and decreases of allocated cap amounts (reg 19). Common themes are identification, fit and proper person material (criminal, insolvency, prior suspensions/revocations), technical and commercial detail (technology, feedstock, throughput, greenhouse gas and mitigation measures), permit and planning status, and community and traditional owner engagement (reg 10A(1)(g)). For issuing a cap licence, criteria listed in reg 10C(1) include commercial viability, proximity to feedstock and offtake destinations, contribution to an efficient waste infrastructure system, environmental and planning approvals, and for certain projects, a critical infrastructure assessment (Schedule 1, reg 10C(1)(c)).

These Regulations allocate obligations and decision opportunities across a small set of actors; the effect on each is concrete and identifiable.

Head, Recycling Victoria. The Head is the central decision maker under these Regulations. The Head controls invitations for expressions of interest for cap licences or increases to allocated cap amounts (reg 10A(1)), may request further information during the EOI and application stages (reg 10A(2)-(3), 10C(2)), decides whether to issue existing operator licences and cap licences (regs 10, 10C), and has powers to amend, suspend (including immediate suspension), revoke (including immediate revocation), disqualify and transfer licences subject to the procedural steps set out in regs 11-19. The Head must follow prescribed notice and procedural rules (for example date notices; specify response methods; give immediate suspension/revocation notices within seven days, regs 12(2), 13(2), 15(2)). The Head is therefore the primary public actor who evaluates technical, commercial and fit and proper evidence.

Operators and applicants seeking to operate thermal waste to energy facilities. Existing facility operators who seek to be recognised as "existing operators" must apply following Reg 9. Applicants for cap licences must submit EOIs and applications with detailed technical, commercial and governance information (regs 10A, 10B, 10C). These applicants and licence holders bear the data‑gathering, reporting and fee burdens prescribed in the Regulations: identity, Australian Company Number or ABN where applicable, details of controlling officers, fit and proper person declarations (criminal history, insolvency, prior regulatory discipline), technical descriptions of technology and feedstock, greenhouse gas emissions and mitigation measures, community engagement details and the status of environmental and planning approvals (reg 9(2), 10A(1)(b), 10A(1)(c), 10C(1)(e)-(f)). Applicants are responsible for paying fees set in fee units (for example 780 fee units for existing operator application reg 9(3); cap licence fees at reg 10B(2)).

The Environment Protection Authority (the Authority). The Authority is repeatedly made a source of relevant advice or information that the Head may rely upon in decision making. The Regulations prescribe that the Head may consider any advice from the Authority about non‑compliance with development or operating licences, and about whether an activity poses an unacceptable risk to human health or the environment (for example reg 10(1)(b), regs 12-15 cross‑referencing the Authority). The Authority therefore plays an influential consultative role in enforcement, suspension, revocation and licensing decisions.

The Regulations create specific duties for applicants and licence holders, and confer decision rights and procedural protections for the Head, Recycling Victoria.

Duties on applicants and existing operators. The Regulations require that applications be in writing and contain prescribed information. For existing operator licence applications under reg 9 an applicant must provide identity and photographic proof, corporate identifiers where applicable, the name and number of officers in control, evidence establishing that the applicant is an existing operator and that some or all of the waste authorised is permitted waste, and fit and proper person material including criminal history, insolvency status and prior regulatory sanctions (reg 9(1)-(2)(a)-(j)). Applicants must also supply technical and climate‑related information such as greenhouse gas emissions, proposed mitigation measures, technology description, energy output and approach to community engagement (reg 9(2)(k)). The application must be accompanied by the prescribed fee of 780 fee units (reg 9(3)).

For cap licences and EOIs, applicants must provide a broad range of technical, commercial and engagement information. EOIs should include projected feedstock composition and tonnages, technology capability and flexibility to accept different feedstock, any Authority advice on environmental or compliance risks, relevant existing licences or permissions, details of related planning and environmental permit applications, and details of community and traditional owner engagement (reg 10A(1)(a)-(g)). An EOI attracts a fee of 780 fee units (reg 10A(4)). Cap licence applications must be in writing and attract differentiated fees by proposed throughput level (reg 10B(1)-(2)). Applications to amend licences, transfer licences, extend submission periods and decrease allocated cap amounts similarly carry prescribed information and fees (regs 11, 17, 18, 19).

Duty to show impracticability for industrial waste. A thermal waste to energy operator must show that it is not technically, environmentally or economically practicable to further reuse or recycle industrial waste by satisfying at least one of four prescribed options in reg 8(3): demonstrate non‑existence of sorting/recycling technology; show reuse/recycling is prohibited by law; perform an environmental comparative assessment; or perform an economic analysis showing costs of reuse/recycling are disproportionate to the benefits after considering transportation costs.

Duty to supply accurate statements. Applications must include statements signed by the applicant confirming that the information provided is, to the best of their knowledge, true and correct (see reg 9(2)(n), reg 11(2)(f), reg 17(1)(m), reg 18(1)(c), reg 19(2)(d)). This creates an express attestation duty that can be invoked if information is later found to be false or misleading.

The Regulations themselves do not create new criminal offences or civil penalties; they operate primarily through procedural requirements tied to the Act and cross‑referenced environment protection and planning legislation. Enforcement mechanisms and penalties for non‑compliance are therefore channelled through the Act and the Environment Protection Act 2017 where relevant, and through licensing actions the Head may take under the Act as informed by the Regulations.

Enforcement pathways via licensing powers. The Regulations prescribe the procedure the Head must follow to suspend, immediately suspend, revoke, immediately revoke or amend a waste to energy licence and the matters the Head may consider when exercising those powers (regs 11-15). For suspension and revocation actions, the Regulations require the Head to consider relevant advice from the Authority about non‑compliance with development or operating licences and whether the facility poses an unacceptable risk to human health or the environment (regs 12(1), 13(1), 14(1), 15(1)). The procedural obligations include dating notices, sending them by post or electronically, specifying response channels and, for immediate actions, issuing written notice within seven days (regs 12(2), 13(2), 14(2), 15(2)). Those prescribed procedures formalise the pathway by which the Head imposes administrative consequences on licence holders.

Authority’s role in enforcement. The Authority is the prescribed source of information about non‑compliance with development and operating licences and unacceptable risks. Repeatedly the Regulations specify that relevant advice or information provided by the Authority is a prescribed matter the Head may consider in making enforcement decisions (regs 10(1)(b), 12(1), 13(1), 14(1), 15(1)). The Authority’s compliance findings therefore have direct enforcement consequences once communicated to the Head, who may then suspend or revoke a licence.

Fit and proper person and disqualification. The Regulations make fit and proper person considerations part of application assessment (see regs 9(2)(d)-(j), 17(1)(d)-(j)). Reg 16 prescribes the procedural requirements for notifying a person that they are disqualified from applying for waste to energy licences under section 74ZH(2)(a) of the Act: notices must be dated, sent by post or electronically, and specify how responses may be made. The fit and proper tests include criminal convictions, charges not finally dealt with, insolvency or external administration, and prior suspension or revocation history under the Act or related laws (reg 9(2)(e)-(j)). Refusing to permit an applicant to apply or disqualifying someone from applying is thus an enforcement‑adjacent administrative sanction.

The Regulations repeatedly cross‑link to the Act and to other Victorian and Commonwealth statutes; those references determine both scope and dependencies.

Primary source: the Act. The Regulations are made under s 183 of the Circular Economy (Waste Reduction and Recycling) Act 2021 (reg 2) and operate to prescribe matters referenced in Part 5A of that Act. Multiple clauses explicitly state they are “for the purposes of” particular sections of the Act: for example reg 5 prescribes the advanced recycling process “for the purposes of the definition of advanced recycling process in section 74L of the Act”; reg 5A prescribes the cap limit “for the purposes of the definition of cap limit in section 74L of the Act”; regs 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 all state they operate for the purposes of specified sections in Part 5A (see reg headings and relevant subregs). The Regulations therefore operationalise and flesh out the Act’s licensing, cap allocation and permitted waste framework.

Environment Protection Act 2017. The Regulations adopt many terms from the Environment Protection Act 2017 and rely on the Authority’s advice under that Act. Definitions such as Authority, development licence, operating licence, permission, pilot project licence and reportable priority waste are defined as having the same meaning as in the Environment Protection Act 2017 (reg 4). Further, the Head is instructed to take into account “any advice or information provided to the Head, Recycling Victoria by the Authority” regarding non‑compliance with development or operating licences and any unacceptable risk to human health or the environment when considering issuance, suspension or revocation of licences (for example reg 10(1)(b), regs 12-15). That embeds the Environment Protection Act’s regulatory findings into the waste to energy licensing process.

Planning and Environment Act 1987. The Regulations make planning permissions part of the information and matters the Head may consider. They require applicants to disclose any permit, licence or authorisation issued in relation to the existing facility under the Planning and Environment Act 1987 (reg 10(1)(d), 10A(1)(e)(ii), 10C(1)(f)). Thus, planning approvals or refusals materially affect the Head’s licensing decisions.

Monetary Units Act 2004. Fees are provided in fee units under the Monetary Units Act 2004. The Explanatory Details set out the method for converting fee units into dollar amounts and provide the fee unit value for the 2025 financial year ($16.81). Future fee units are set by the Treasurer under that Act and must be published (Explanatory details). Practically, this connects licence application costs to an external price‑setting mechanism.

The Regulations have been amended since enactment and the instrument’s text records the amendment sources and what was changed.

Original making and commencement. The Regulations were made on 23 May 2023 and came into operation on 1 June 2023 (Endnotes and reg 3). They were made under s 183 of the Circular Economy (Waste Reduction and Recycling) Act 2021 (reg 2).

Amendments to date. Two amendment Statutory Rules are recorded in the Table of Amendments and manifest as inline footnote annotations across the text:

Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Amendment Regulations 2024, S.R. No. 138/2024, made 17 December 2024 and commenced 17 December 2024. The Amendment Regs 2024 inserted several new provisions and amended existing ones. Textual markers in the current consolidated version identify multiple insertions and amendments as resulting from S.R. No. 138/2024, including:
- Pt 2 (heading) amended by S.R. No. 138/2024 reg 4.
- Reg 5A (Cap limit) inserted by S.R. No. 138/2024 reg 5.
- Numerous amendments to application requirements and other reg subparagraphs, indicated by remarks such as “Reg. 9(2)(n) amended by S.R. No. 138/2024 reg. 6”, “Pt 3A (Heading and regs 10A-10C) inserted by S.R. No. 138/2024 reg. 7”, “Reg. 11(2)(f) amended by S.R. No. 138/2024 reg. 8”, “Reg. 17(1)(m) amended by S.R. No. 138/2024 reg. 9”, “Reg. 18(1)(c) amended by S.R. No. 138/2024 reg. 10”, “Reg. 19 inserted by S.R. No. 138/2024 reg. 11”, and “Sch. 1 inserted by S.R. No. 138/2024 reg. 12”. These entries show the 2024 Amendment inserted the Part 3A cap licence regime and Schedule 1.
Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Amendment Regulations 2025, S.R. No. 68/2025, made 15 July 2025 and commenced 15 July 2025. The 2025 Amendment amended reg 5A (Cap limit) as indicated in the footnote: “Reg. 5A inserted by S.R. No. 138/2024 reg. 5, amended by S.R. No. 68/2025 reg. 4.” The consolidated text shows reg 5A now prescribes the 2.5 million tonne cap.

Consolidation notes. The front matter of the instrument is headed “Version incorporating amendments as at 15 July 2025”, indicating the text viewed is consolidated to include the 2024 and 2025 amendments. The Endnotes’ Table of Amendments lists the two Statutory Rules by date of making and commencement.

Sunset provision. The Endnotes note that the Statutory Rule will sunset ten years after the day of making, on 23 May 2033, pursuant to s 5 of the Subordinate Legislation Act 1994. That sunset date is a fixed legislative expiry for the Regulations unless extended or re‑made.

The Regulations themselves include no references to judicial decisions and the consolidated text contains no litigation history. The instrument is a statutory rule that sets administrative procedures and technical definitions; any litigation arising from its application would be generated by disputes under the Act or associated administrative decisions made by the Head, Recycling Victoria or the Authority.

What the Regulations record. The text makes no mention of cases, challenges, or judicial review proceedings. The Endnotes and Table of Amendments list only the subordinate instruments that amended the Regulations, not any litigation.

Where litigation would arise. Although the instrument contains no case law, the kinds of decisions that could provoke litigation include:

refusal to issue a cap licence or existing operator licence where a party disputes the Head’s exercise of discretion under reg 10C or reg 10(1) respectively;
administrative challenges to immediate suspension or immediate revocation on procedural fairness grounds where the Head acted under regs 13 or 15 and a licence holder contests the factual basis or the timing;
disputes about whether particular feedstock is permitted waste or exempt waste under regs 6-8; and
challenges to fit and proper person assessments where prior convictions or charges are judged material to disqualification.

The Regulations prescribe many procedural steps for notices and responses (see regs 12-15, reg 16). Those procedures would be relevant to standard public law grounds in any judicial review: whether the decision maker observed prescribed procedures, gave adequate reasons where required (reg 10A(5) requires reasons where the Head determines a person must not apply for a cap licence), and afforded procedural fairness.

Administrative review routes. The Regulations do not set out statutory appeal mechanisms in the text. Any rights to merits review or judicial review would be those available under the Act, the Administrative Law Act or general administrative law, or other appeal routes established in the enabling Acts cited (for example the Environment Protection Act 2017 or Planning and Environment Act 1987). The Regulations’ procedural requirements for notices and responses (dated notices; response channels; time limits) would feed into a judicial review assessment of whether appropriate process was followed.

In short, there is no litigation history recorded in the instrument; potential litigation would be generated by how the Head, the Authority and applicants apply and interpret the Regulations in individual cases, and the Regulations create multiple touchpoints,licensing discretion, suspension/revocation, fit and proper person tests and waste classification,that could form the basis of administrative or judicial review proceedings.

This section highlights practical traps, friction points and points of uncertainty that arise from the Regulations’ text. The items below are anchored to the actual provisions.

Cap arithmetic and allocation pressure. The cap limit is a single aggregate figure of 2.5 million tonnes per financial year (reg 5A). That volume is prescriptive and finite. Applicants and existing operators seeking cap licences will compete for slices of that cap. The Regulations do not set a transparent allocation formula across applicants; instead the Head assesses matters such as commercial viability, feedstock and offtake agreements, proximity and contribution to system efficiency (reg 10C(1)). This creates a risk for applicants that a successful technical and planning pathway may nonetheless fail to secure cap because the Head prioritises other projects on commercial or locational grounds.

Fee quantum exposure. Fees are quoted in fee units across several application types (regs 9(3), 10A(4), 10B(2), 11(3), 17(2), 18(2)). The dollar cost therefore varies over time with the fee unit value set under the Monetary Units Act 2004. The Explanatory Details show the fee unit value for the 2025 financial year is $16.81. For example, the 780 fee unit fee for an existing operator application then equates to approximately $13,102. This means applicants must keep a watch on annual fee unit values to budget accurately; simple arithmetic error could underfund an application or lead to non‑compliance.

Extensive fit and proper person checking. Applications must disclose prior convictions, charges not finally dealt with, insolvency status, prior suspensions or revocations under related laws and other fit and proper material (reg 9(2)(d)-(j), reg 17(1)(d)-(j)). Corporate applicants must list officers who have control or substantial control (reg 9(2)(b)(iii)). The Regulations tie regulatory history across jurisdictions (Victoria, other States/Territories and the Commonwealth) into suitability assessments. Applicants with complex corporate histories or interlocking directorships must map and disclose prior regulatory actions and the histories of related entities, raising transaction costs and potential disclosure pitfalls.

Authority advice as a single point influence. The Regulations repeatedly prescribe that the Head may consider “any advice or information provided to the Head, Recycling Victoria by the Authority” regarding non‑compliance and risk (reg 10(1)(b); regs 12-15). The Authority’s assessments therefore can strongly influence licensing and enforcement outcomes. Operators expecting to rely on the Head for independent assessment should factor the Authority’s compliance priorities and likely information flows into project planning.

Compliance with these Regulations is primarily about meeting documentary, attestative and fee obligations, and preparing evidence that aligns with the decision matters the Head will consider. The steps below map to specific provisions and are intended as an operational checklist.

Map your project to statutory categories

Determine whether the facility uses an advanced recycling process as defined in reg 5. This requires that the facility converts material to monomer or chemicals intended for polymer production (not fuels) by changing chemical structure through cracking, gasification, pyrolysis or depolymerisation (reg 5).
Determine whether the feedstock falls within exempt waste under reg 6. If feedstock is wood waste, biosolids or one of the specified primary production or manufacturing residues, it may be exempt waste (reg 6).
If operating a thermal waste to energy facility, confirm whether the waste is permitted waste under reg 8(1)-(2). Note that municipal residual waste that has undergone source separation is prescribed to be permitted waste (reg 8(2)).

Prepare documentary evidence for applications

For existing operator licence applications prepare identity documents and corporate identifiers, photographic proof, names and numbers of controlling officers, and a signed attestation that information is true and correct (reg 9(2)(a)-(b), (n)).
Collate fit and proper person material including National Police Certificates or equivalent, disclosure of convictions or charges, insolvency history and prior regulatory actions for the applicant and officers (reg 9(2)(d)-(j)).
Compile technical information: detailed description of technology and thermal process, projected waste types and throughput, energy outputs and utilisation, greenhouse gas emissions and mitigation measures, climate risk assessment for the facility, and community engagement plans (reg 9(2)(k), reg 10A(1)(b)-(c), reg 10C(1)(a), (e), (h)).

Evidence for permitted waste and impracticability claims

If asserting industrial waste cannot be practicably reused or recycled, prepare one of the four forms of evidence listed in reg 8(3): a) technical demonstration that no sorting or recycling technology exists for that waste stream; b) legal analysis showing reuse/recycling is prohibited by the Act or another Act; c) environmental assessment comparing reuse/recycling versus thermal energy recovery; or d) economic analysis showing the costs of reuse/recycling (including transport) are disproportionate to benefits.

Version No. 003

Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023

S.R. No. 33/2023

Version incorporating amendments as at
15 July 2025

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 1

Part 2—Advanced recycling process, cap limit, exempt waste, thermal waste to energy processes and permitted waste 4

5 Advanced recycling process 4

5A Cap limit 4

6 Exempt waste 4

7 Thermal waste to energy processes 5

8 Permitted waste 6

Part 3—Existing operator licences 8

9 Existing operator may apply for existing operator licence 8

10 Issue of existing operator licences 12

Part 3A—Cap licences 14

10A Head, Recycling Victoria may invite expressions of interest for cap licences or increase of allocated cap amount 14

10B Applications for cap licences 16

10C Issue of cap licences 17

Part 4—Amendment, suspension, revocation and transfer of waste to energy licences 20

11 Amendment of waste to energy licences 20

12 Suspension of waste to energy licences 22

13 Immediate suspension 22

14 Revocation of waste to energy licences 23

15 Immediate revocation 24

16 Disqualification of person from applying for waste to energy licences 25

17 Transfer of waste to energy licences 25

18 Extension of submission period 29

19 Head, Recycling Victoria may decrease allocated cap amount 30

Schedule 1—Critical waste infrastructure projects 32

═════════════

Endnotes 33

1 General information 33

2 Table of Amendments 35

3 Explanatory details 36

Version No. 003

Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023

S.R. No. 33/2023

Version incorporating amendments as at
15 July 2025

Part 1—Preliminary

1 Objective

The objective of these Regulations is to prescribe matters in relation to the waste to energy scheme under Part 5A of the Circular Economy (Waste Reduction and Recycling) Act 2021.

2 Authorising provision

These Regulations are made under section 183 of the Circular Economy (Waste Reduction and Recycling) Act 2021.

3 Commencement

These Regulations come into operation on 1 June 2023.

4 Definitions

In these Regulations—

Authority has the same meaning as in the Environment Protection Act 2017;

biochar means a stable type of charcoal produced from heating organic matter in a high temperature, low oxygen combustion process such as pyrolysis or gasification;

biosolids means solid organic residues from the wastewater treatment process and treated sewage sludge;

development licence has the same meaning as in the Environment Protection Act 2017;

gasification process means technology where waste materials are heated to very high temperatures (generally between 1000 to 1500 degrees Celsius) with some oxygen or steam that breaks down the molecules into a syngas;

operating licence has the same meaning as in the Environment Protection Act 2017;

permission has the same meaning as in the Environment Protection Act 2017;

pilot project licence has the same meaning as in the Environment Protection Act 2017;

pyrolysis process means the treatment of waste with heat (generally between 400 and 1000 degrees Celsius) in the absence of oxygen, with or without catalysts;

reportable priority waste has the same meaning as in the Environment Protection Act 2017;

sequestering carbon means capturing and storing atmospheric carbon dioxide (other than by storing in landfill);

the Act means the Circular Economy (Waste Reduction and Recycling) Act 2021;

waste biomass means wastes that are biological in origin, animal or plant matter (such as food and garden waste), wood waste, crop waste and biosolids;

wood waste has the same meaning as in the Renewable Energy (Electricity) Regulations 2001 of the Commonwealth.

Pt 2 (Heading) amended by S.R. No. 138/2024 reg. 4.

Part 2—Advanced recycling process, cap limit, exempt waste, thermal waste to energy processes and permitted waste

5 Advanced recycling process

For the purposes of the definition of advanced recycling process in section 74L of the Act, a prescribed advanced recycling process is the conversion of a material or substance to monomer or chemicals intended for the production of polymer materials (other than fuels) by changing the chemical structure of a material or substance through cracking, gasification, pyrolysis or depolymerisation.

Example

A facility processing post-consumer soft plastics back into industrial-quality soft plastics.

Reg. 5A inserted by S.R. No. 138/2024 reg. 5, amended by S.R. No. 68/2025 reg. 4.

5A Cap limit

For the purposes of the definition of cap limit in section 74L of the Act, the prescribed maximum aggregate amount is 2∙5 million tonnes per financial year.

6 Exempt waste

For the purposes of the definition of exempt waste in section 74L of the Act, the following is prescribed to be exempt waste—

(a) waste biomass of the following types—

(i) wood waste;

(ii) waste from any of the following primary production activities—

(A) straw, chaff and other waste from agricultural crops;

(B) nut hulls and shells;

(D) grape marc and other grape processing waste;

(E) poultry litter;

(F) paunch and abattoir wastes;

(iii) waste from any of the following manufacturing activities—

(A) fruit and vegetable processing waste;

(B) residues from pulp and paper manufacturing and processing that cannot be recycled into new paper products;

(iv) biosolids;

(b) reportable priority waste.

7 Thermal waste to energy processes

For the purposes of section 74M(2)(f) of the Act, a thermal waste to energy process does not include the following—

(a) a thermal waste to energy process in respect of which a pilot project licence has been issued and is in force;

(b) a process that treats waste biomass through a pyrolysis process or gasification process to sequester carbon.

Example

A process that produces biochar that is applied to land.

8 Permitted waste

(1) For the purposes of section 74N(1) of the Act, waste prescribed not to be permitted waste is waste biomass other than those specified in regulation 6(a) or processed in a manner specified in regulation 7(b).

(2) For the purposes of section 74N(2)(c) of the Act, municipal solid waste that is municipal residual waste (other than municipal food organics and garden organics and municipal recycling material) that has undergone source separation is prescribed to be permitted waste.

(3) For the purposes of section 74N(3)(b) of the Act, the operator of a thermal waste to energy facility must show that it is not technically, environmentally or economically practicable to further reuse or recycle, or to extract further resources or material, from the industrial waste by—

(a) demonstrating that a technology or process does not exist that could sort or recycle the waste; or

(b) demonstrating that the reuse or recycling of the waste is prohibited by this Act or any other Act; or

(c) performing an assessment that compares the environmental impacts of reusing or recycling the industrial waste with the environmental costs of recovering thermal energy from that waste; or

(d) performing an economic analysis that demonstrates that the financial costs of available options to reuse or recycle the waste (including transportation costs) are disproportionate to the environmental, social and economic benefits of reusing or recycling the waste.

Part 3—Existing operator licences

9 Existing operator may apply for existing operator licence

(1) For the purposes of section 74X(3)(b) of the Act, an application under section 74X(1) of the Act must be in writing.

(2) For the purposes of section 74X(3)(c) of the Act, the prescribed information to be contained in an application under section 74X(1) of the Act is—

(a) the applicant's name, address and photographic proof of identity; and

Example

Examples of photographic proof of identity include a valid driver's licence or passport.

(b) if the applicant is not a natural person, a written statement that specifies—

(i) any Australian Company Number or Australian Business Number; and

(ii) the address of the business, company or entity; and

(iii) the name and number of any directors, chief executive officer, chief financial officer, secretary or other officer who has control or substantial control over the management of the business, company or entity; and

(i) the applicant is an existing operator; and

(ii) some or all of the waste authorised to be processed by the existing operator is permitted waste; and

(d) any information that goes to whether the applicant, and if the applicant is not a natural person, the person or persons identified in paragraph (b)(iii), is a fit and proper person; and

Example

A National Police Certificate.

(e) whether the applicant, and if the applicant is not a natural person, the person or persons identified in paragraph (b)(iii), has been found guilty of an offence against the Act, any regulations under the Act or the Corporations Act; and

(f) whether the applicant, and if the applicant is not a natural person, the person or persons identified in paragraph (b)(iii), has, within the preceding 10 years, been 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 (iii); or

(v) an offence against a law of Victoria, another State or a Territory, or the Commonwealth that regulates the supply of energy; and

(g) whether the applicant, and if the applicant is not a natural person, the person or persons identified in paragraph (b)(iii), is charged with an offence described in paragraph (f) and the charge has not been finally dealt with; and

(h) whether the applicant—

(i) is an insolvent under administration; or

(ii) is an externally-administered company under the Corporations Act; or

(iii) has failed to comply with an order of any court or tribunal; and

(i) if the applicant is a natural person, whether the applicant has ever previously had a waste to energy licence, or a licence, permit or permission (however described) suspended, revoked or disqualified under the Act, the Environment Protection Act 2017 or any other law in or outside Victoria in relation to waste to energy, or waste and recycling, and, if so, details of the suspension, revocation or disqualification; and

(j) if the applicant is not a natural person, whether the applicant and any officer of the applicant or of another body corporate that has or had one or more officers in common with the applicant has ever previously had a waste to energy licence, or a licence, permit or permission (however described) suspended, revoked or disqualified under the Act, the Environment Protection Act 2017 or any other law in or outside Victoria in relation to waste to energy, or waste and recycling, and, if so, details of the suspension, revocation or disqualification; and

(k) any information on the following—

(i) the applicant's greenhouse gas emissions associated with the existing facility, and any likely climate change impact;

(ii) the existing facility's proposed greenhouse gas mitigation measures;

(iii) an assessment of the impacts and risks climate change poses to the existing facility and measures to be implemented to manage any such risks;

(iv) the applicant's technology and thermal waste to energy process to be, or being, used in the existing facility;

(v) the applicant's waste to be, or being, processed at the waste to energy facility, energy output and utilisation;

(vi) the applicant's approach to community engagement; and

(l) a copy of any existing waste processing authority held by the applicant with respect to the existing facility, including any modifications or variations to the existing waste processing authority; and

(m) details of any application for any other permit or licence under the Act, the Environment Protection Act 2017, the Planning and Environment Act 1987 or any other law in or outside Victoria in relation to waste to energy, or waste and recycling with respect to the existing facility and, if the application was determined, the details of the determination; and

Reg. 9(2)(n) amended by S.R. No. 138/2024 reg. 6.

(n) a statement signed by the applicant confirming that the information contained in the application is, to the best of the applicant's knowledge, true and correct.

(3) For the purposes of section 74X(3)(d) of the Act, the prescribed fee is 780 fee units.

10 Issue of existing operator licences

(1) For the purposes of section 74Y(3)(a) of the Act, the following are prescribed matters—

(a) information provided in an application for an existing operator licence;

Note

See regulation 9 for prescribed form and manner requirements of an application for an existing operator licence.

(b) any advice or information provided to the Head, Recycling Victoria by the Authority in relation to the applicant regarding—

(i) any non-compliance with any development licence in relation to the existing facility; and

(ii) any non-compliance with any operating licence in relation to the existing facility; and

(iii) whether any activity that is the subject of the application or licence poses an unacceptable risk of harm to human health or the environment;

(d) any permit, licence or authorisation (however described) issued or granted in relation to the existing facility under the Planning and Environment Act 1987.

(2) For the purposes of section 74Y(3)(c) of the Act, the Head, Recycling Victoria, by written notice, may request any further information in relation to the matters specified in regulation 9(2) and subregulation (1) if the Head, Recycling Victoria considers that the information is necessary to enable the Head, Recycling Victoria to determine whether to issue or refuse to issue an existing operator licence.

(3) A notice under subregulation (2) must specify—

(a) the information required to be provided; and

(b) the date by which the information must be provided to the Head, Recycling Victoria.

Pt 3A (Heading and regs 10A–10C) inserted by S.R. No. 138/2024 reg. 7.

Part 3A—Cap licences

Reg. 10A inserted by S.R. No. 138/2024 reg. 7.

10A Head, Recycling Victoria may invite expressions of interest for cap licences or increase of allocated cap amount

(1) For the purposes of section 74R(8)(a) of the Act, the following are prescribed matters—

(a) information provided in the expression of interest to apply for a cap licence or an increase in the allocated cap amount specified in a cap licence;

(b) the source, composition, material type and weight of permitted waste and exempt waste (in metric tonnes) proposed to be processed over the projected lifetime of the facility;

(i) to process the type and amount of waste that is proposed to be processed at the facility; and

(ii) to accept different feedstock to that proposed by the applicant;

(d) any advice or information provided to the Head, Recycling Victoria by the Authority that outlines any environmental or compliance risks posed by the facility;

(e) if the applicant holds an existing operator licence or a cap licence for the facility—

(i) information contained in that existing operator licence or cap licence (as the case requires); and

(ii) any permit or licence issued under the Act, the Environment Protection Act 2017 or the Planning and Environment Act 1987 with respect to the facility, including any existing waste processing authority and any modifications or variations to that authority; and

(iii) any conditions the applicant is subject to in accordance with a permission in relation to the facility;

(f) details of any application for any other permit or licence under the Act, the Environment Protection Act 2017 or the Planning and Environment Act 1987 with respect to the facility and, if the application was determined, the details of the determination;

(g) any planned, completed or ongoing engagement with—

(i) the local community; and

(ii) any relevant traditional owners.

(2) For the purposes of section 74R(8)(c) of the Act, the Head, Recycling Victoria, by written notice, may request any further information in relation to the information contained in an expression of interest if the Head, Recycling Victoria considers that the information is necessary to enable the Head, Recycling Victoria to determine whether the person may or must not apply for a cap licence or may or must not apply for an increase in the allocated cap amount specified in a cap licence.

(3) A notice under subregulation (2) must specify—

(a) the information required to be provided; and

(b) the date by which the information must be provided to the Head, Recycling Victoria.

(4) The prescribed fee for submitting an expression of interest under section 74R of the Act is 780 fee units.

(5) For the purposes of section 74R(10)(a) of the Act, the prescribed information is, if the Head, Recycling Victoria has determined that the person must not apply for a cap licence or for an increase in the allocated cap amount specified in a cap licence, the reasons for the Head, Recycling Victoria's decision.

Reg. 10B inserted by S.R. No. 138/2024 reg. 7.

10B Applications for cap licences

(1) For the purposes of section 74S(3)(b) of the Act, an application under section 74S(1) of the Act must be in writing.

(2) For the purposes of section 74S(3)(d) of the Act, the prescribed fee is—

(a) for an application that indicates that the facility will thermally process at least 80 000 tonnes of permitted waste each financial year, 2095 fee units; or

(b) for an application that indicates that the facility will thermally process less than 80 000 tonnes of permitted waste each financial year, 1045 fee units.

Reg. 10C inserted by S.R. No. 138/2024 reg. 7.

10C Issue of cap licences

(1) For the purposes of section 74T(2)(a) of the Act, the prescribed matters are the following—

(a) information provided in the applicant's expression of interest to apply for a cap licence or an increase in the allocated cap amount specified in a cap licence;

(b) information provided in the application for a cap licence;

(c) if the application relates to a critical waste infrastructure project specified in Column 2 of the table in Schedule 1, the desirability of that project meeting the corresponding critical need specified in Column 3 of the table in Schedule 1 through the operation of waste to energy facilities related to that project;

(d) the extent to which the facility would contribute to an efficient waste infrastructure system, including by reason of the facility's proximity to—

(i) sources of suitable feedstock; and

(ii) offtake destinations for energy and other output products;

(e) the commercial viability of the facility, having regard to the following—

(i) any commercial milestones achieved in relation to the facility;

(ii) any remaining commercial milestones in relation to the facility and when the applicant expects to achieve them;

(iii) details of any feedstock agreements the applicant has obtained;

(iv) details of any feedstock agreements the applicant is seeking and when the applicant expects to obtain them;

(v) details of any energy or by‑product offtake agreements the applicant has obtained;

(vi) details of any energy or by‑product offtake agreements the applicant is seeking and when the applicant expects to obtain them;

(vii) any other matter relevant to the commercial viability of the facility;

(f) any information provided to the Head, Recycling Victoria regarding whether the applicant has obtained environmental, planning, safety and other permits or licences associated with operating or developing the facility;

(g) any economic benefits associated with the facility, including employment opportunities created by the construction and operation of the facility;

(h) the energy outputs and offtakes of the facility and how the outputs and offtakes contribute to efficient energy fuels or products.

(2) For the purposes of section 74T(2)(c) of the Act, the Head, Recycling Victoria, by written notice, may request any further information in relation to the matters specified in subregulation (1) if the Head, Recycling Victoria considers that the information is necessary to enable the Head, Recycling Victoria to determine whether to issue or refuse to issue a cap licence.

(3) A notice under subregulation (2) must specify—

(a) the information required to be provided; and

(b) the date by which the information must be provided to the Head, Recycling Victoria.

Part 4—Amendment, suspension, revocation and transfer of waste to energy licences

11 Amendment of waste to energy licences

(1) For the purposes of section 74ZB(2)(a) of the Act, an application under section 74ZB(1)(b) of the Act must be in writing.

(2) For the purposes of section 74ZB(2)(b) of the Act, the prescribed information to be contained in an application under section 74ZB(1)(b) of the Act is—

(a) the applicant's name, address and photographic proof of identity; and

Example

Examples of photographic proof of identity include a valid driver's licence or passport.

(b) if the applicant is not a natural person—

(i) any Australian Company Number or Australian Business Number; and

(ii) the address of the business, company or entity; and

(d) in the case of an application to amend an existing operator licence, a copy of any modifications or variations to the existing waste processing authority for the existing facility; and

(e) details of any application for any other permit or licence under the Act, the Environment Protection Act 2017, the Planning and Environment Act 1987 or any other law in or outside Victoria in relation to waste to energy, or waste and recycling with respect to the existing facility and, if the application was determined, the details of the determination; and

Reg. 11(2)(f) amended by S.R. No. 138/2024 reg. 8.

(f) a statement signed by the applicant confirming that the information contained in the application is, to the best of the applicant's knowledge, true and correct.

(3) For the purposes of section 74ZB(2)(c) of the Act, the prescribed fee is 780 fee units.

(4) For the purposes of section 74ZB(5)(b) of the Act, the prescribed criteria are—

(a) information provided in the application to amend a waste to energy licence under subregulation (2); and

(b) whether the applicant has made a previous application to amend the waste to energy licence and, if the application was determined, the details of the determination and amendment made, if any.

(5) For the purposes of section 74ZB(7)(b) of the Act, the prescribed matters to be contained in a notice under section 74ZB(1) of the Act are—

(a) if the maximum amount of permitted waste to be processed during a financial year has been reduced, that reduced amount; and

(b) if the day on which the waste to energy licence ceases to be in force has changed, that day; and

12 Suspension of waste to energy licences

(1) For the purposes of section 74ZD(1)(h) of the Act, the prescribed matters are any relevant advice or information provided to the Head, Recycling Victoria by the Authority in relation to any of the following—

(a) any non-compliance by the holder of the waste to energy licence with any development licence in relation to the thermal waste to energy facility;

(b) any non-compliance by the holder of the waste to energy licence with any operating licence in relation to the thermal waste to energy facility;

(c) any unacceptable risk of harm to human health or the environment posed by the thermal waste to energy facility if the waste to energy licence is not suspended.

(2) For the purposes of section 74ZD(2)(a) of the Act, the Head, Recycling Victoria must—

(a) date the notice; and

(b) cause the notice to be sent by post or electronically; and

(c) specify in the notice how and where any response in respect of the notice may be sent to the Head, Recycling Victoria.

13 Immediate suspension

(1) For the purposes of section 74ZE(1)(b) of the Act, the prescribed matters are any relevant advice or information provided to the Head, Recycling Victoria by the Authority in relation to any of the following—

(a) any non-compliance by the holder of the waste to energy licence with any development licence in relation to the thermal waste to energy facility;

(b) any non-compliance by the holder of the waste to energy licence with any operating licence in relation to the thermal waste to energy facility;

(c) any unacceptable risk of harm to human health or the environment posed by the thermal waste to energy facility if the waste to energy licence is not immediately suspended.

(2) For the purposes of section 74ZE(2)(a) of the Act, the Head, Recycling Victoria must ensure written notice of the suspension—

(a) is given within 7 days after the Head, Recycling Victoria's decision is made to immediately suspend the waste to energy licence; and

(b) is dated; and

(d) specifies how and where any response in respect of the notice may be sent to the Head, Recycling Victoria.

14 Revocation of waste to energy licences

(1) For the purposes of section 74ZF(1)(b)(viii) of the Act, the prescribed matters are any relevant advice or information provided to the Head, Recycling Victoria by the Authority in relation to any of the following—

(a) any non-compliance by the holder of the waste to energy licence with any development licence in relation to the thermal waste to energy facility;

(b) any non-compliance by the holder of the waste to energy licence with any operating licence in relation to the thermal waste to energy facility;

(c) any unacceptable risk of harm to human health or the environment posed by the thermal waste to energy facility if the waste to energy licence is not revoked.

(2) For the purposes of section 74ZF(3)(a) of the Act, the Head, Recycling Victoria must—

(a) date the notice; and

(b) cause the notice to be sent by post or electronically; and

(c) specify in the notice how and where any response in respect of the notice may be sent to the Head, Recycling Victoria.

15 Immediate revocation

(1) For the purposes of section 74ZG(1)(b) of the Act, the prescribed matters are any relevant advice or information provided to the Head, Recycling Victoria by the Authority in relation to any of the following—

(a) any non-compliance by the holder of the waste to energy licence with any development licence in relation to the thermal waste to energy facility;

(b) any non-compliance by the holder of the waste to energy licence with any operating licence in relation to the thermal waste to energy facility;

(c) any unacceptable risk of harm to human health or the environment posed by the thermal waste to energy facility if the waste to energy licence is not immediately revoked.

(2) For the purposes of section 74ZG(2)(a) of the Act, the Head, Recycling Victoria must ensure that written notice of the revocation—

(a) is given within 7 days after the Head, Recycling Victoria's decision is made to immediately revoke the waste to energy licence; and

(b) is dated; and

(d) specifies how and where any response in respect of the notice may be sent to the Head, Recycling Victoria.

16 Disqualification of person from applying for waste to energy licences

For the purposes of section 74ZH(2)(a) of the Act, the notification must—

(a) be dated; and

(b) be sent by post or electronically; and

17 Transfer of waste to energy licences

(1) For the purposes of section 74ZI(2)(a) of the Act, an application under section 74ZI(1) of the Act is made in the prescribed form and manner if it contains—

(a) written consent from the holder of the waste to energy licence in relation to the making of the application; and

(b) the applicant's name, address and photographic proof of identity; and

Example

Examples of photographic proof of identity include a valid driver's licence or passport.

(i) any Australian Company Number or Australian Business Number; and

(ii) the address of the business, company or entity; and

(d) any information that goes to whether the applicant, and if the applicant is not a natural person, the person or persons identified in paragraph (c)(iii), is a fit and proper person; and

Example

A National Police Certificate.

(e) whether the applicant, and if the applicant is not a natural person, the person or persons identified in paragraph (c)(iii), has been found guilty of an offence against the Act, any regulations under the Act, or the Corporations Act; and

(f) whether the applicant, and if the applicant is not a natural person, the person or persons identified in paragraph (c)(iii), has, within the preceding 10 years, been 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 (iii); or

(v) an offence against a law of Victoria, another State or a Territory, or the Commonwealth that regulates the supply of energy; and

(g) whether the applicant, and if the applicant is not a natural person, the person or persons identified in paragraph (c)(iii), is charged with an offence described in paragraph (f) and the charge has not been finally dealt with; and

(h) whether the applicant—

(i) is an insolvent under administration; or

(ii) is an externally-administered company under the Corporations Act; or

(iii) has failed to comply with an order of any court or tribunal; and

(k) a copy of any existing waste processing authority held by the applicant with respect to the existing facility, including any modifications or variations to the existing waste processing authority; and

(l) details of any application for any other permit or licence under the Act, the Environment Protection Act 2017, the Planning and Environment Act 1987 or any other law in or outside Victoria in relation to waste to energy, or waste and recycling with respect to the existing facility and, if the application was determined, the details of the determination; and

Reg. 17(1)(m) amended by S.R. No. 138/2024 reg. 9.

(m) a statement signed by the applicant confirming that the information contained in the application is, to the best of the applicant's knowledge, true and correct.

(2) For the purposes of section 74ZI(2)(b) of the Act, the prescribed fee is 780 fee units.

(3) For the purposes of section 74ZI(4)(a) of the Act, the prescribed matters are the following—

(a) information provided in the application to transfer a waste to energy licence to the applicant under subregulation (1);

(b) whether the applicant has made a previous application to transfer a waste to energy licence, and if that application was determined, the details of the determination;

(c) any relevant advice or information provided to the Head, Recycling Victoria by the Authority in relation to the applicant regarding—

(i) any non-compliance by the applicant with any development licence in relation to the thermal waste to energy facility; or

(ii) any non-compliance by the applicant with any operating licence in relation to the thermal waste to energy facility.

18 Extension of submission period

(1) For the purposes of section 74ZK(2)(c) of the Act, the following is prescribed information—

(a) the applicant's name, address and photographic proof of identity;

Example

Examples of photographic proof of identity include a valid driver's licence or passport.

(b) a statement setting out why an extension is being sought;

Reg. 18(1)(c) amended by S.R. No. 138/2024 reg. 10.

(c) a statement signed by the applicant that states that the information contained in the application is, to the best of the applicant's knowledge, true and correct.

(2) For the purposes of section 74ZK(2)(b) of the Act, the prescribed fee is 390 fee units.

Reg. 19 inserted by S.R. No. 138/2024 reg. 11.

19 Head, Recycling Victoria may decrease allocated cap amount

(1) For the purposes of section 74ZC(2)(a) of the Act, the Head, Recycling Victoria must notify the holder of the licence of the proposed decrease in writing.

(2) For the purposes of section 74ZC(3)(a) of the Act, the prescribed information to be contained in an application under section 74ZC(1)(b) of the Act is—

(a) the applicant's name, address and photographic proof of identity; and

Examples

Examples of photographic proof of identity include a valid driver's licence or passport.

(b) if the applicant is not a natural person—

(i) any Australian Company Number or Australian Business Number; and

(ii) the address of the business, company or entity; and

(c) a statement setting out the proposed decrease to the allocated cap amount specified in the cap licence and why it is being sought; and

(d) a statement signed by the applicant confirming that the information contained in the application is, to the best of the applicant's knowledge, true and correct.

(3) For the purposes of section 74ZC(3)(b) of the Act, an application under section 74ZC(1)(b) of the Act must be in writing.

(4) For the purposes of section 74ZC(5)(a) of the Act, the prescribed matters are—

(a) information provided in the application to decrease the allocated cap amount; and

(b) whether the applicant has made a previous application to decrease the allocated cap amount and, if the application was determined, the details of the determination and decrease made, if any.

(5) For the purposes of section 74ZC(5)(c) of the Act, the Head, Recycling Victoria, by written notice, may request any further information in relation to the matters specified in subregulation (2) if the Head, Recycling Victoria considers that the information is necessary to enable the Head, Recycling Victoria to determine whether to decrease the allocated cap amount specified in the cap licence.

(6) A notice under subregulation (5) must specify—

(a) the information required to be provided; and

(b) the date by which the information must be provided to the Head, Recycling Victoria.

Sch. 1 inserted by S.R. No. 138/2024 reg. 12.

Schedule 1—Critical waste infrastructure projects

Regulation 10C(1)(c)

Column 1	Column 2	Column 3
Item	Critical waste infrastructure project	Critical need
1	The project procured by South East Metropolitan Advanced Waste Processing Pty Ltd ACN 654 660 438 that is known by the name "South East Metropolitan Advanced Waste Processing project" or by any subsequent name	Additional processing of waste due to closure of the Hampton Park Landfill

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023, S.R. No. 33/2023 were made on 23 May 2023 by the Governor in Council under section 183 of the Circular Economy (Waste Reduction and Recycling) Act 2021, No. 55/2021 and came into operation on 1 June 2023: regulation 3.

The Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023 will sunset 10 years after the day of making on 23 May 2033 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Amendment Regulations 2024, S.R. No. 138/2024

Date of Making:	17.12.24
Date of Commencement:	17.12.24

Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Amendment Regulations 2025, S.R. No. 68/2025

Date of Making:	15.7.25
Date of Commencement:	15.7.25

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

1 Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023

Version No. 003

Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023

S.R. No. 33/2023

Version incorporating amendments as at
15 July 2025

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 1

Part 2—Advanced recycling process, cap limit, exempt waste, thermal waste to energy processes and permitted waste 4

5 Advanced recycling process 4

5A Cap limit 4

6 Exempt waste 4

7 Thermal waste to energy processes 5

8 Permitted waste 6

Part 3—Existing operator licences 8

9 Existing operator may apply for existing operator licence 8

10 Issue of existing operator licences 12

Part 3A—Cap licences 14

10A Head, Recycling Victoria may invite expressions of interest for cap licences or increase of allocated cap amount 14

10B Applications for cap licences 16

10C Issue of cap licences 17

Part 4—Amendment, suspension, revocation and transfer of waste to energy licences 20

11 Amendment of waste to energy licences 20

12 Suspension of waste to energy licences 22

13 Immediate suspension 22

14 Revocation of waste to energy licences 23

15 Immediate revocation 24

16 Disqualification of person from applying for waste to energy licences 25

17 Transfer of waste to energy licences 25

18 Extension of submission period 29

19 Head, Recycling Victoria may decrease allocated cap amount 30

Schedule 1—Critical waste infrastructure projects 32

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Endnotes 33

1 General information 33

2 Table of Amendments 35

3 Explanatory details 36

Version No. 003

Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023

S.R. No. 33/2023

Version incorporating amendments as at
15 July 2025

Part 1—Preliminary

1 Objective

The objective of these Regulations is to prescribe matters in relation to the waste to energy scheme under Part 5A of the Circular Economy (Waste Reduction and Recycling) Act 2021.

2 Authorising provision

These Regulations are made under section 183 of the Circular Economy (Waste Reduction and Recycling) Act 2021.

3 Commencement

These Regulations come into operation on 1 June 2023.

4 Definitions