Circular Economy (Waste Reduction and Recycling) Act 2021 (Vic)

Version No. 013

Circular Economy (Waste Reduction and Recycling) Act 2021

No. 55 of 2021

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

Division 1—Purposes and commencement

1Purposes

2Commencement

Division 2—Interpretation

3Definitions

4What is a waste, recycling or resource recovery service?

5Objective

6Principles of waste reduction, recycling and resource recovery

7Effect of this Division

8Circular economy hierarchy

9Principle of equity

10Principle of shared responsibility

11Integrated decision-making

12Principles of transparency and accountability

13Risk management, proportionality and the precautionary principle

Division 3—Application

14Application to the Crown

Part 2—Head, Recycling Victoria

Division 1—Administration

15Head, Recycling Victoria

16Functions of the Head, Recycling Victoria

17Powers of the Head, Recycling Victoria

18Head, Recycling Victoria subject to general direction of the Minister

19Staff

20Delegation by the Head, Recycling Victoria

21Strategic plan

22Annual report

Division 2—Exemptions by Head, Recycling Victoria

23Power of the Head, Recycling Victoria to exempt

24Application for exemption

25Amendment or revocation of exemption

26Application for amendment of exemption

27Notice of exemption given to class of person

28Person to whom exemption applies must notify Head, Recycling Victoria if unable to comply with any condition

29Person to whom exemption applies must comply with any condition

Division 3—Inquiries by Head, Recycling Victoria

30Inquiries by Head, Recycling Victoria

31Conduct of an inquiry

32Final report of Head, Recycling Victoria following inquiry

Division 3A—Market strategies and reporting

32ASubmission of market strategies

32BPublication of market strategy

32CMarket report

Division 4—Declared regions

33Head, Recycling Victoria may declare regions

34Procedure for declaring regions

35When declaration takes effect

Division 5—Engagement

36Charter of Engagement

Division 6—Advisory committees

37Advisory committees

Division 7—Recycling Victoria Fund

37AARecycling Victoria Fund

37ABPayments into and from the Container Deposit Scheme account

37ACPayments into and from the Waste to Energy Scheme account

Part 2A—Victorian Recycling Infrastructure Plan (VRIP)

Division 1—Preliminary

37AObjectives of a VRIP

37BMatters included in a VRIP

Division 2—Inaugural VRIP

37CHead, Recycling Victoria to prepare inaugural VRIP

37DDraft inaugural VRIP

37EConsultation on draft inaugural VRIP

37FFirst revised draft inaugural VRIP

37GSecond revised draft inaugural VRIP

37HApproval of inaugural VRIP

37IGazettal and publication of inaugural VRIP

Division 3—Further VRIPs

37JHead, Recycling Victoria to prepare VRIP

37KDraft VRIP

37LConsultation on draft VRIP

37MFirst revised draft VRIP

37NSecond revised draft VRIP

37OApproval of VRIP

37PGazettal and publication of VRIP

Division 4—Amendments to VRIP

37QHead, Recycling Victoria to prepare amendments to VRIP

37RDraft amendments

37SConsultation on draft amendments

37TRevised draft amendments

37UApproval of amendments

37VGazettal and publication of amendments

37WWaiver of certain requirements in this Division

Division 5—Review of VRIP

37XReview of VRIP

Division 6—Miscellaneous

37YAnnual VRIP progress report

Part 3—Data collection

Division 1—Reporting requirements of regular reporting entities and occasional reporting entities

38Regular reporting entity must give certain information to Head, Recycling Victoria

39Direction to provide additional information—regular reporting entity

40Collection and retention of information by occasional reporting entity

41Direction to give information—occasional reporting entity

42Direction to provide additional information—occasional reporting entity

43Guidelines in relation to form and manner of information

Division 2—Exemption from reporting requirements

44General exemption from reporting requirements

45Exemption for individual reporting entity from reporting requirements

46Renewal of exemption for individual reporting entity

47Amendment or revocation of exemption on initiative of Head, Recycling Victoria

48Application for amendment of exemption

49Reporting entity to whom exemption applies must notify Head, Recycling Victoria if unable to comply with any condition

Division 3—Information sharing and reporting

50Head, Recycling Victoria may collect, use, disclose or publish information

51Centralised data and information system

52Publication of information and reports

53Preparation of reports by Head, Recycling Victoria

54Minister may direct Head, Recycling Victoria to prepare a report

55Unauthorised disclosure of confidential information

Part 4—Procurement

56Procurement agreements between the Head, Recycling Victoria and councils and Alpine Resorts Victoria

57Head, Recycling Victoria may provide councils or Alpine Resorts Victoria with procurement advice and support

58Procurement guidelines

59Matters the Head, Recycling Victoria must take into account

Part 5—Waste and recycling services

Division 1—Mandatory service provision by councils

60Councils and Alpine Resorts Victoria to provide municipal residual waste and municipal recycling services

Division 2—Mandatory sorting by entities

61Entities to sort waste and recycling materials

Division 3—Service standards

62Preparation of service standards

63Making of service standards

64Review of service standards

65Notice of proposal to make, amend or revoke service standards

66Minister must consider advice

67Minister may make, amend or revoke a service standard

68Minister may request review of service standards

69Offence to refuse or fail to comply with applicable service standards

70Agreements must incorporate relevant service standards

71Offence to refuse or fail to incorporate relevant service standards

72Head, Recycling Victoria may issue notice requiring information

73Offence to fail to comply with notice

74Duty of providers of essential waste, recycling or resource recovery services to minimise risk of failure, disruption or hinderance of service

Division 4—Risk, consequence and contingency plans

74ADefinition of responsible entity

74BCircular Economy Risk, Consequence and Contingency Plan (CERCC Plan)

74CNotification and publication

74DResponsible entity must comply with CERCC Plan

74EReview of CERCC Plans

74FResponsible Entity Risk, Consequence and Contingency Plans (RERCC Plans)

74GStatement of assurance

74HResponsible entity must comply with RERCC Plan

74IReview of RERCC Plans

74JInformation gathering

74KGuidelines in relation to risk, consequence and contingency planning

Part 5A—Waste to energy scheme

Division 1—Preliminary

74LDefinitions

74MThermal waste to energy processes

74NPermitted waste

Division 2—Waste to energy licence required for thermal waste to energy processes

74OOperation of thermal waste to energy facility without a waste to energy licence

74PFailure to comply with a condition of a waste to energy licence

74QOperation of thermal waste to energy facility using banned waste

Division 3—Cap licences

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

74SApplications for cap licences

74TIssue of cap licences

74UCap limit

74VConditions on cap licences

Division 4—Existing operator licences

74WDefinitions

74XExisting operator may apply for existing operator licence

74YIssue of existing operator licences

74ZConditions on existing operator licences

74ZAOperator may hold both a cap licence and an existing operator licence

Division 5—Amendment, suspension, revocation and transfer of waste to energy licences

74ZBAmendment of waste to energy licences

74ZCHead, Recycling Victoria may decrease allocated cap amount

74ZDSuspension of waste to energy licences

74ZEImmediate suspension

74ZFRevocation of waste to energy licences

74ZGImmediate revocation

74ZHDisqualification of person from applying for waste to energy licences

74ZITransfer of waste to energy licences

Division 6—Miscellaneous

74ZJFit and proper persons

74ZKExtension of submission period

74ZLGuidelines in relation to the waste to energy scheme

74ZMTransitional provisions—existing operators

Part 6—Container deposit scheme

Division 1—Preliminary

75Definitions

Division 2—Administration of container deposit scheme

76Functions of the Head, Recycling Victoria—container deposit scheme

77Powers of the Head, Recycling Victoria

78Delegation

Division 3—Scheme Coordinator

79Functions of Scheme Coordinator

80Scheme Coordinator agreement

81Content of Scheme Coordinator agreement

82Appointment of Scheme Coordinator

83Ministerial directions to Scheme Coordinator

84Head, Recycling Victoria may give directions to Scheme Coordinator

85Directions to Scheme Coordinator must be published

86Scheme Coordinator must comply with direction

87Annual assessment report

Division 4—Network operators

88Functions of network operators

89Network operator agreements

90Content of network operator agreements

91Appointment of network operators

92Ministerial directions to network operators

93Head, Recycling Victoria may give directions to network operators

94Directions to network operators must be published

95Network operator must comply with direction

96Network arrangement payments

97Payments to collection point operators

Division 5—First suppliers

98Determination of first supplier

Division 6—Approval of suitable eligible containers

99Application for approval as suitable eligible container

Division 7—Disposal of suitable eligible containers

100Offence to dispose of suitable eligible containers at landfill site

101Landfill disposal exemptions

102Person must notify the Head, Recycling Victoria if unable to comply with exemption

Division 8—Container deposit scheme protocols

103Material recovery facilities protocol

104Local government refund sharing protocol

Division 9—Refund markings

105Offence not to have refund markings on suitable eligible containers

Division 10—Enforcement and offences

106Offence to refuse delivery of or refund for container

107Delivery to an automated collection point

108Refund declarations and proof of identity

109Offence to claim refund for containers not subject to container deposit scheme

110Offence to supply beverage without supply arrangement with Scheme Coordinator and container approval

111Enforcement of Scheme Coordinator agreements and network operator agreements

Division 11—Miscellaneous

112Guidelines

113Competition and Consumer Act and Competition Code

Part 7—Enforcement

Division 1—General offences

114Offence to fail to keep records and information

115Offence to give false or misleading information

116Offence to conceal information

Division 2—Information gathering notices

117Head, Recycling Victoria may serve information gathering notice

118Form of information gathering notice

119Extension of time under information gathering notice

120Court orders

Division 3—Show cause notices

121Show cause notices

122Representations about show cause notice

123Ending show cause process without further action

124Further action after show cause process

Division 4—Improvement notices

125Improvement notice

126Offence to fail to comply with improvement notice

Division 5—Prohibition notices

127Prohibition notice

128Offence to fail to comply with prohibition notice

Division 6—Court orders

129Court orders

Division 7—Enforceable undertakings

130Head, Recycling Victoria may accept enforceable undertaking

131Enforcement

132No criminal proceedings while enforceable undertaking in effect

133Proceedings following withdrawal of enforceable undertaking

134No further proceedings if enforceable undertaking is complied with

135Contempt of court

Division 8—Adverse publicity orders

136Adverse publicity order

Division 9—Civil penalties

137Civil penalties

138Civil penalty order

139Proceeding for civil penalty order after criminal proceeding

140Criminal proceeding during proceeding for civil penalty order

141Criminal proceeding after proceeding for civil penalty order

142Evidence admitted during proceeding for civil penalty order

143Conduct contravening more than one civil penalty provision

144Multiple contraventions of civil penalty provisions

145Multiple proceedings for civil penalty order to be heard together

146Jurisdictional limit of Magistrates' Court does not apply to civil penalty order

147Recovery of pecuniary penalty

Division 9A—Monetary benefit orders

147AMonetary benefit order

147BHead, Recycling Victoria may issue protocol for determining monetary benefit

Division 10—Infringement notices

148Power to issue infringement notice

Division 11—Authorised officers

149Appointment by Head, Recycling Victoria of authorised officers

150Identification of authorised officers

151Directions in respect of authorised officers

152Authorised officer may request name and address

153Authorised officer may give directions

154Other authorised officers may assist

155Offence to obstruct authorised officer

156Offence to assault or threaten authorised officer

157Offence to impersonate

Division 12—Powers of entry and inspection

158Authorised officer may enter and inspect any place or premises

159Announcement on entry

160Persons assisting authorised officer

161Powers on entry

162Authorised officer may require production of documents

163Authorised officer may require information or answers

164Report to be given about entry and inspection of place or premises

Division 13—Search warrants

165Authorised officer may apply for search warrant

166Issue of warrant

167What may a search warrant authorise?

168Announcement before entry with warrant

169Copy of warrant to be given to occupier

Division 14—Return and forfeiture of seized things

170Return of seized things

171Forfeiture of seized things

Division 15—Audits

172Appointment of auditors

173Functions of an auditor

Division 16—Miscellaneous

174Persons who may prosecute

175Written statement of authorised officers to be evidence

176Conduct of employee, agent or officer taken to be conduct of body corporate

177Criminal liability of officers of bodies corporate—accessorial liability

Part 8—General

Division 1—VCAT review

178Which decisions are reviewable

179Reviews by VCAT

Division 2—Supplementary provisions

180Power of Minister to delegate

181Minister may issue guidelines

182Review of operation of Act

183Regulations

Part 9—Savings and Transitional Provisions

Division 1—General

184Definitions

185Application of Interpretation of Legislation Act 1984

186Abolition of WRR Groups

187Transfer of executive officers and Chief Executive Officer of WRR Group

188Transfer of WRR Group staff

189Superseded references

190Declared regions

191ATransitional provisions—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023

Division 2—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023

191BValidation of Scheme Coordinator agreement

191CValidation of network operator agreements

Schedule 1—Subject matter for Regulations

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 013

Circular Economy (Waste Reduction and Recycling) Act 2021

No. 55 of 2021

Version incorporating amendments as at

22 October 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

Division 1—Purposes and commencement

1Purposes

The purposes of this Act are—

(a)to introduce a circular economy in Victoria that maximises the continued use of products and waste material over their life cycle and accounts for their environmental impacts; and

(b)to provide for the Head, Recycling Victoria; and

(ba)to provide for a Victorian Recycling Infrastructure Plan; and

(c)to require councils and Alpine Resorts Victoria to provide municipal residual waste and municipal recycling services; and

(d)to support best practice procurement and contract management of waste and recycling services by councils and Alpine Resorts Victoria, and facilitate strategic procurement for councils and Alpine Resorts Victoria; and

(e)to provide for service standards; and

(ea)to provide for a waste to energy scheme; and

(f)to establish a container deposit scheme; and

(g)to provide for data collection and reporting; and

(h)to provide for a system of criminal and civil penalties and other enforcement measures; and

(i)to make related and consequential amendments to other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 December 2023, it comes into operation on that day.

Division 2—Interpretation

3Definitions

(1)In this Act—

adverse publicity order means an order made under section 136;

advisory committee means a committee established under section 37;

*                *                *                *                *

Alpine Resorts Victoria has the same meaning as in the Alpine Resorts (Management) Act 1997;

auditor means a person appointed as an auditor under section 172;

Auditor-General has the same meaning as in the Audit Act 1994;

authorised officer means a person appointed as an authorised officer under section 149;

beverage means a liquid intended for human consumption other than a medicine or a liquid prescribed to be exempt;

body corporate has the same meaning as corporation has in section 57A of the Corporations Act;

centralised data and information system means the system established by the Head, Recycling Victoria under section 51;

CERCC Plan means a Circular Economy Risk, Consequence and Contingency Plan approved by the Minister under section 74B;

circular economy market means the market for waste, recycling or resource recovery services within the circular economy;

civil penalty order means an order made under section 138;

civil penalty provision means a provision of this Act that is specified by this Act as a civil penalty provision;

commercially-sensitive information means information that relates to matters of a business, commercial or financial nature, the disclosure of which would be likely to unreasonably expose a person to disadvantage;

container approval means an approval granted under section 99;

container deposit scheme means the container deposit scheme established by Part 6;

council has the same meaning as Council has in section 3(1) of the Local Government Act 2020;

declared region means a region declared by the Head, Recycling Victoria under Division 4 of Part 2;

de-identified information, in relation to personal, commercially-sensitive or confidential information, means personal information that no longer relates to an identifiable individual or an individual who can be reasonably identified;

Department means the Department of Energy, Environment and Climate Action;

*                *                *                *                *

eligible container means a container designed to contain a beverage that is produced for the sale of the beverage to a consumer while the container is sealed, other than a container that is prescribed not to be an eligible container;

enforceable undertaking means an undertaking accepted by the Head, Recycling Victoria under section 130;

environment means—

(a)the physical factors of the surroundings of human beings including the land, waters, atmosphere, climate, sound, odours and tastes; and

(b)the biological factors of animals and plants; and

(c)the social factors of aesthetics;

Environment Protection Authority has the same meaning as Authority has in section 3(1) of the Environment Protection Act 2017;

essential waste, recycling or resource recovery service means a waste, recycling or resource recovery service that is prescribed as an essential waste, recycling or resource recovery service;

financial year has the same meaning as in the Financial Management Act 1994;

first supplier, in relation to an eligible container, means a person determined under section 98 to be a first supplier of any beverage in the eligible container in Victoria;

government agency means—

(a)the Environment Protection Authority; or

(b)Sustainability Victoria; or

(c)a council; or

(d)the Municipal Association of Victoria within the meaning of the Municipal Association Act 1907; or

(e)Alpine Resorts Victoria; or

(f)a public sector body prescribed to be a government agency; or

(g)a public sector body of another State, a Territory or the Commonwealth prescribed to be a government agency;

Head, Recycling Victoria means the person employed as the Head, Recycling Victoria under section 15;

human health includes psychological health;

IBAChas the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

improvement notice means a notice issued under section 125;

industrial waste means—

(a)waste arising from commercial, industrial or trade activities or from laboratories; or

(b)waste prescribed to be industrial waste;

information gathering notice means a notice served under section 117;

market strategy means a market strategy approved under section 32A;

material recovery facility means—

(a)a mixed-stream material recovery facility that sorts—

(i)mixed recycling from municipal recycling material into separate paper, plastic, metal and glass streams or other prescribed material; or

(ii)industrial waste; or

(b)a single-stream material recovery facility that—

(i)sorts material that has been sorted at a mixed-stream material recovery facility; or

(ii)takes single streams of waste and separates the component grades of the material; or

(c)a facility prescribed to be a material recovery facility;

monetary benefit means monetary, financial or economic benefit and includes any monetary, financial or economic benefit the person acquires or accrues by avoiding or delaying the person's compliance with a provision, condition or duty to which the person's offence or breach relates;

monetary benefit order means an order made under section 147A;

municipal food organics and garden organics service means a service provided by or on behalf of a council or Alpine Resorts Victoria—

(a)that collects, manages, transports, and processes food organics and garden organics; or

(b)that is prescribed to be a municipal food organics and garden organics service—

but does not include any service prescribed not to be a municipal food organics and garden organics service;

municipal district has the same meaning as in the Local Government Act 2020;

municipal recycling material means the following arising from municipal or residential activities—

(a)recycling (other than glass);

(b)glass;

municipal recycling service means a service provided by or on behalf of a council or Alpine Resorts Victoria—

(a)that collects, manages, transports, and processes or sorts, municipal recycling material; or

(b)that is prescribed to be a municipal recycling service—

but does not include any service prescribed not to be a municipal recycling service;

municipal residual waste service means a service provided by or on behalf of a council or Alpine Resorts Victoria—

(a)that collects, manages, transports, and disposes or processes, municipal residual waste; or

(b)that is prescribed to be a municipal residual waste service—

but does not include any service prescribed not to be a municipal residual waste service;

municipal residual waste means residual waste arising from municipal or residential activities;

network operator means a person appointed as a network operator under section 91;

network operator agreement means an agreement entered into by a network operator and the Minister under section 89;

occasional reporting entity means a prescribed entity—

(a)required to collect and retain prescribed information in accordance with section 40; and

(b)that may be directed to give information in accordance with section 41;

officer, in relation to a body corporate, means—

(a)a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or

(b)a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate;

Ombudsman means the person appointed as the Ombudsman under section 3 of the Ombudsman Act 1973;

personal information has the same meaning as in the Privacy and Data Protection Act 2014;

place includes land, waters, a location, an area or a region;

premises includes a structure, building or vehicle;

prohibition notice means a notice issued under section 127;

public sector body has the same meaning as in the Public Administration Act 2004;

recycling includes—

(a)recycling or reprocessing waste resources to make the same or different products; and

(b)recycling or reprocessing food organics and garden organics;

refund amount, in relation to a suitable eligible container or to a material recovery facility operator, means—

(a)the amount prescribed to be the refund amount in relation to that suitable eligible container or material recovery facility operator; or

(b)if no amount is prescribed in relation to a suitable eligible container or to a material recovery facility operator, the amount determined in accordance with any material recovery facilities protocol issued under section 103 that applies to that suitable eligible container or material recovery facility operator;

refund marking, in relation to a suitable eligible container, means a prescribed marking or label;

regular reporting entity means an entity that is required to regularly provide information to the Head, Recycling Victoria in accordance with sections 38 and 39 and includes—

(a)a council; and

(b)Alpine Resorts Victoria; and

(c)a waste storage facility; and

(d)a material recovery facility; and

(e)any class of person or entity prescribed to be a regular reporting entity;

reporting entity means any of the following—

(a)a regular reporting entity;

(b)an occasional reporting entity;

RERCC Plan means a Responsible Entity Risk, Consequence and Contingency Plan prepared by a responsible entity under section 74F;

resource recovery, in relation to waste, means—

(a)reprocessing the waste; or

(b)extracting or recovering resources, material or energy from products or from waste or waste material; or

(c)any thing prescribed to be resource recovery in relation to waste—

but does not include any thing prescribed not to be resource recovery in relation to waste;

reuse, in relation to waste, means the preparation and use of the waste for a purpose that is the same or similar to the purpose for which it was used before it became waste;

Scheme Coordinator means the person appointed under section 82;

Scheme Coordinator agreement means an agreement entered into by the Scheme Coordinator and the Minister under section 80;

Secretary means the Secretary to the Department of Energy, Environment and Climate Action;

show cause notice means a notice issued under section 121;

service standard means a standard approved under section 63 and includes a standard that has been amended under section 67;

suitable eligible container means an eligible container approved to be a suitable eligible container under section 99(3);

Sustainability Victoria has the same meaning as in section 3 of the Sustainability Victoria Act 2005;

traditional owners means—

(a)the members of a registered Aboriginal party under the Aboriginal Heritage Act 2006; and

(b)the members of a traditional owner group within the meaning of section 3 of the Traditional Owner Settlement Act 2010;

Victoria Police has the same meaning as in the Victoria Police Act 2013;

Victorian Inspectorate has the same meaning as in the Victorian Inspectorate Act 2011;

Victorian WorkCover Authority has the same meaning as Authority has in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013;

VRIP means a Victorian Recycling Infrastructure Plan prepared under Part 2A;

waste includes any of the following—

(a)matter, including solid, liquid, gaseous or radioactive matter, that is deposited, discharged, emitted or disposed of into the environment in a manner that alters the environment;

(b)matter that is discarded, rejected, abandoned, unwanted or surplus, irrespective of any potential use or value;

*                *                *                *                *

(d)matter prescribed to be waste;

(e)matter referred to in paragraph (a), (b), (c) or (d) that is intended for, or is undergoing, resource recovery—

but does not include any matter prescribed not to be waste;

waste minimisation means—

(a)the reduction of waste; or

(b)the reuse, recycling or recovery of waste;

waste, recycling or resource recovery service—see section 4;

waste storage facility means a facility, the primary purpose of which is to store waste.

(2)In this Act, a reference to the disposal of waste includes a reference to an activity carried out in connection with the disposal of waste, but does not include resource recovery.

4What is a waste, recycling or resource recovery service?

In this Act, waste, recycling or resource recovery service means—

(a)a service that collects, transports, stores, treats, processes, sorts or recycles waste or recycling materials; or

(b)a service that collects, transports, stores, treats, processes or sorts materials for resource recovery; or

(c)a service that disposes of waste; or

(d)a municipal residual waste service; or

(e)a municipal recycling service; or

(f)a service prescribed to be a waste, recycling or resource recovery service.

5Objective

(1)The objective of this Act is to promote Victoria's transition to a circular economy.

(2)A circular economy reduces waste, supports recycling and promotes circularity in the use and reuse of products for as long as possible, and supports the transition to a net-zero and resilient Victoria by—

(a)ensuring that products and materials are managed in accordance with the hierarchy set out in section 8(3) including by reducing the consumption of natural resources; and

(b)encouraging the reuse of recyclable material into new products and uses; and

(c)ensuring that waste and recycling services are reliable, transparent and meet community expectations; and

(d)supporting innovation in waste and recycling services, adapting readily to changing market conditions and building resilience; and

(e)encouraging meaningful and transparent engagement with the community and those involved in the provision of waste, recycling or resource recovery services; and

(f)encouraging opportunities for community organisations relating to waste, recycling or resource recovery services; and

(g)creating opportunities for diverse employment and livelihoods in waste, recycling or resource recovery services; and

(h)encouraging economic, environmental and social benefits for the people of Victoria through a circular economy; and

(i)supporting, monitoring and enforcing compliance with this Act; and

(j)facilitating Victoria's contribution to national and international reduction of waste, support for recycling and promotion of the circularity in the use and reuse of products.

6Principles of waste reduction, recycling and resource recovery

It is the Parliament's intention that in the administration of this Act and the regulations regard should be given to the principles set out in this Division.

7Effect of this Division

The Parliament does not intend by this Division to create in any person a legal right or give rise to any civil cause of action.

8Circular economy hierarchy

(1)Products and materials should be designed, produced, marketed and delivered, and any waste should be managed, in accordance with the principles set out in subsections (2) and (3).

(2)A circular economy is prioritised, having regard to the entire life cycle of products and materials, including by—

(a)producing and designing products and materials—

(i)with a reduced reliance on raw or virgin materials; and

(ii)to be reusable, durable, repairable and shareable; and

(iii)to have an extended life cycle; and

(iv)in a manner which eliminates waste or pollution; and

(v)in a manner that reduces the environmental impacts of production and consumption by—

(A)making productive use of natural resources and goods; and

(B)maximising the productive use of re-manufactured, reused, recycled and renewable resources; and

(b)promoting initiatives that support repairing and reusing products and materials so as to create more value in them; and

(c)marketing and delivering products and materials in a manner which avoids unnecessary or excessive purchasing or use of other products; and

(d)fostering action or innovation to manage climate change impacts and reduce greenhouse gas emissions.

(3)Where waste does arise from the production and use of products and materials, it should be managed in the following order of preference—

(a)waste should be avoided;

(b)waste should be minimised;

(c)waste should be reused;

(d)waste should be recycled;

(e)energy and other resources should be recovered from waste;

(f)waste should be treated so as to reduce the potential impacts of degradation;

(g)waste should be disposed of.

9Principle of equity

(1)All people are entitled to equitable access to waste, recycling or resource recovery services and the benefits of a circular economy irrespective of their personal attributes, socio-economic status or location.

(2)People should not be disproportionately affected by disruption, or risks of disruption, to waste, recycling or resource recovery services and any associated harm to human health and the environment.

(3)The present generation should ensure that the state of the environment is maintained or enhanced so as to not compromise the ability of future generations to meet their needs.

10Principle of shared responsibility

It is the responsibility of all levels of government and industry, business, communities and the people of Victoria to support a circular economy by—

(a)reducing or avoiding waste by improving product design and use; and

(b)improving the quality and reusability of products; and

(c)managing products and materials and their environmental impacts throughout their life cycle including disposal; and

(d)recognising that persons who generate pollution and waste should bear the cost of containment, avoidance and abatement; and

(e)considering climate change impacts and greenhouse gas emissions in the design, management and disposal of products and materials.

11Integrated decision-making

(1)Actions and decisions related to the circular economy under this Act should be based on the best available evidence that is relevant and reliable in the circumstances.

(2)Actions and decisions related to the circular economy under this Act should be based on an assessment of all the economic, social and environmental costs and benefits, taking into account externalities.

(3)Decisions, policies, programs and processes related to the circular economy should seek to achieve best practice having regard to the decisions, policies, programs and processes of other States, the Territories, the Commonwealth, other countries and international bodies and organisations, related to the circular economy.

12Principles of transparency and accountability

(1)Subject to exceptions provided for by law—

(a)decision-making under this Act and the regulations must be transparent; and

(b)relevant information must be easily accessible and understandable and public education about its availability must be facilitated.

(2)Members of the public should—

(a)have access to reliable and relevant information in appropriate forms to facilitate a good understanding of issues and of how decisions are made under this Act; and

(b)be engaged and given opportunities to participate in decisions made under this Act, where appropriate to do so; and

(c)have their interests taken into account in decisions made under this Act.

(3)Community involvement in decisions, policies, programs and processes relating to the circular economy that may affect current or future generations of the community should be facilitated by—

(a)providing appropriate information to the community; and

(b)providing opportunities for involvement; and

(c)undertaking appropriate and adequate consultation.

(4)Decisions, policies, programs and processes relating to the circular economy should make a positive contribution to the aspirations and needs of the community to which they relate.

(5)The intrinsic connection of traditional owners to Country should be acknowledged through partnership and involvement in policy development, planning, and decision-making for the delivery of Victoria's circular economy.

13Risk management, proportionality and the precautionary principle

(1)A decision, action or thing directed towards minimising the following should be proportionate to the harm or risk of harm that is being addressed—

(a)harm or a risk of harm to human health or the environment;

(b)failure or disruption or a risk of failure or disruption to waste, recycling or resource recovery services and the stability of the market.

(2)If there are threats of serious or irreversible harm to human health or the environment, lack of full scientific certainty should not be used as a reason for postponing measures to prevent or minimise those threats.

(3)In the application of the precautionary principle set out in subsection (2), public and private decisions should be guided by—

(a)careful evaluation to avoid, wherever practicable, serious or irreversible harm to human health and the environment; and

(b)an assessment of the risk-weighted consequences of various options; and

(c)an evaluation of how the circular economy supports the transition to a net-zero and resilient Victoria.

Division 3—Application

14Application to the Crown

This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.

PART 2—HEAD, RECYCLING VICTORIA

Division 1—Administration

15Head, Recycling Victoria

There is to be a Head, Recycling Victoria, employed under Part 3 of the Public Administration Act 2004, to provide leadership, stewardship and oversight of waste, recycling or resource recovery services and to support the development of a circular economy.

16Functions of the Head, Recycling Victoria

The Head, Recycling Victoria has the following functions—

(a)to administer the container deposit scheme created under this Act;

(ab)to prepare a VRIP;

(ac)to administer the waste to energy scheme created under this Act;

(b)to provide strategic planning for waste, recycling or resource recovery services, including by developing and implementing strategies and plans that foster sustainable, resilient and effective markets within a circular economy;

(c)to identify, monitor, manage and mitigate risks and harm associated with waste, recycling or resource recovery services;

(ca)to prepare the CERCC Plan;

(cb)to monitor and review compliance by responsible entities with the CERCC Plan and RERCC Plans;

(cc)to monitor and review whether RERCC Plans are suitable to prevent or minimise risks of serious failure, disruption or hinderance to the provision of essential waste, recycling or resource recovery services;

(cd)to oversee risk, consequence and contingency planning for the circular economy market;

(d)to oversee and build capacity for municipal residual waste, recycling or resource recovery service delivery;

(e)to support best practice procurement and contract management by councils, Alpine Resorts Victoria and service providers for waste, recycling or resource recovery services;

(f)in conjunction with Sustainability Victoria, to advise councils, Alpine Resorts Victoria and businesses on best practices for waste, recycling or resource recovery services, systems, facilities, infrastructure and technology;

(g)to collect, use, disclose and publish information and data in accordance with this Act;

(h)to conduct inquiries under this Act, including as directed by the Minister;

(i)to determine applications for exemptions from requirements under this Act;

(j)to support, monitor and enforce compliance with requirements under this Act;

(k)any other function conferred on the Head, Recycling Victoria by or under this Act or any other Act.

17Powers of the Head, Recycling Victoria

The Head, Recycling Victoria has all the powers necessary to perform the functions of the Head, Recycling Victoria.

18Head, Recycling Victoria subject to general direction of the Minister

(1)The Head, Recycling Victoria, in performing functions and exercising powers as the Head, Recycling Victoria—

(a)is subject to the general direction and control of the Minister; and

(b)must comply with a direction given by the Minister, including a direction to provide information or advice.

(2)Subject to subsection (3), the Minister must cause a direction given to the Head, Recycling Victoria to be published on a website maintained by the Department.

(3)If the Minister considers that publication of a direction or part of a direction is not in the public interest, the direction or part is not required to be published in accordance with subsection (2).

19Staff

There may be employed under Part 3 of the Public Administration Act 2004 any other employees that are necessary for the administration of this Act.

20Delegation by the Head, Recycling Victoria

(1)The Head, Recycling Victoria, by instrument, may delegate to any person or class of person, employed under Part 3 of the Public Administration Act 2004 in the administration of this Act, any powers or functions of the Head, Recycling Victoria under this Act or the regulations or any other Act or regulations.

Note

See also section 42A of the Interpretation of Legislation Act 1984.

(2)An instrument of delegation under subsection (1)—

(a)is subject to any terms and conditions stated in the instrument; and

(b)may be revoked by the Head, Recycling Victoria at any time.

21Strategic plan

(1)Every 3 years, the Head, Recycling Victoria must prepare and submit to the Minister for approval a strategic plan for waste, recycling or resource recovery services.

(2)A strategic plan must include the following—

(a)objectives to be achieved during the course of the plan;

(b)a community engagement strategy for the course of the plan, being a strategy consistent with the Charter of Engagement published under section 36;

(c)a regulatory strategy for the course of the plan;

(d)any other matters as directed by the Minister.

(3)A strategic plan may include the following—

(a)the nature and scope of any priorities;

(b)business arrangements for the course of the plan;

(c)how the Head, Recycling Victoria intends to—

(i)identify, monitor, manage and mitigate risks and harm associated with waste, recycling or resource recovery services; and

(ii)support, promote and monitor compliance with, and enforce, requirements under this Act; and

(iii)use a proportionate and graduated approach to address non-compliance with requirements under this Act; and

(iv)allocate resources to perform the functions of the Head, Recycling Victoria; and

(v)use the data collection, reporting and information sharing framework of this Act or any other Act to perform the functions of the Head, Recycling Victoria;

(d)targets and other measures by which the performance of the Head, Recycling Victoria and waste, recycling or resource recovery services may be assessed;

(e)any other matters that the Head, Recycling Victoria considers appropriate.

(4)If the Minister approves a strategic plan, the Head, Recycling Victoria must publish the plan on a website maintained by the Department.

(5)The Head, Recycling Victoria must prepare and submit the first strategic plan under this section within 12 months of the commencement of this Part.

22Annual report

(1)Subject to subsection (4), the Head, Recycling Victoria must submit an annual report on the operation of this Act to the Minister on or before 30 September each year.

(2)An annual report under subsection (1) must include the following—

(a)the total number of written directions given by the Minister under this Act;

(b)the total number of written directions given by the Head, Recycling Victoria under this Act;

(c)a description or summary of each written direction;

(d)a copy of each written direction as published in accordance with this Act;

(e)details of the community engagement activities undertaken by the Head, Recycling Victoria in accordance with any existing community engagement strategy;

(f)a description or summary of the key risks, consequences and measures identified in the CERCC Plan;

(g)the total number of responsible entities that are required to prepare a RERCC Plan under section 74F;

(h)the total number of statements of assurance submitted to the Head, Recycling Victoria under section 74G;

(i)the total number of written reports prepared by the Head, Recycling Victoria under section 74I;

(j)a description or summary of each written report prepared under section 74I;

(k)details of any actions that the Head, Recycling Victoria has carried out or proposes to carry out in response to a written report prepared under section 74I.

(3)The Minister must cause a report received under subsection (1) to be laid before each House of the Parliament within 21 sitting days of that House.

(4)The Head, Recycling Victoria must submit the first annual report under subsection (1) within 6 months of the commencement of this Part.

Division 2—Exemptions by Head, Recycling Victoria

23Power of the Head, Recycling Victoria to exempt

(1)The Head, Recycling Victoria, by written notice, may exempt a person or class of person from any provision of the regulations made under this Act or of a service standard.

(2)An exemption under subsection (1)—

(a)may be given either unconditionally or on specified conditions; or

(b)may be limited to specified circumstances.

(3)The Head, Recycling Victoria may give an exemption under subsection (1)—

(a)on the initiative of the Head, Recycling Victoria; or

(b)on the application of the person seeking to be exempted.

(4)The Head, Recycling Victoria must not give an exemption under subsection (1) unless the Head, Recycling Victoria is satisfied that—

(a)the exemption will not pose a serious risk of failure of, or disruption to, waste, recycling or resource recovery services; and

(b)it is not practicable for the person or class of person to comply with the relevant provision; and

(c)the exemption is necessary to enable the efficient administration of the relevant provision.

(5)An exemption given under subsection (1) takes effect—

(a)on the date on which it is given; or

(b)if a later date is specified in the exemption, that date.

(6)An exemption given under subsection (1) remains in effect until—

(a)the date specified in the exemption; or

(b)it is revoked.

24Application for exemption

(1)An application under section 23(3)(b) must—

(a)be made in the prescribed form; and

(b)contain any prescribed information; and

(c)be accompanied by any prescribed fee.

(2)On receiving an application under section 23(3)(b), the Head, Recycling Victoria—

(a)subject to any conditions or circumstances the Head, Recycling Victoria considers appropriate, and specified in the exemption, may give an exemption to—

(i)the person seeking to be exempted; or

(ii)a class of person to which the person seeking to be exempted belongs; or

(b)may refuse the exemption.

(3)The Head, Recycling Victoria must determine an application under section 23(3)(b) within 28 days of receiving it.

25Amendment or revocation of exemption

(1)The Head, Recycling Victoria, by written notice, may amend or revoke an exemption given under section 23 to a person—

(a)on the initiative of the Head, Recycling Victoria; or

(b)on the application of the person to whom the exemption applies.

(2)The Head, Recycling Victoria, by written notice, may amend or revoke an exemption given under section 23 to a class of person on the initiative of the Head, Recycling Victoria.

26Application for amendment of exemption

(1)An application under section 25(1)(b) must—

(a)be made in the prescribed form; and

(b)be accompanied by any prescribed fee.

(2)On receiving an application under section 25(1)(b), the Head, Recycling Victoria may—

(a)amend the exemption subject to any conditions or circumstances the Head, Recycling Victoria considers appropriate, specified in the exemption; or

(b)refuse to amend the exemption.

27Notice of exemption given to class of person

(1)The Head, Recycling Victoria must publish in the Government Gazette, and on a website maintained by the Department, notice of—

(a)an exemption given under section 23 to a class of person; and

(b)an amendment made to an exemption given under section 25(2) to a class of person.

(2)A notice under subsection (1) must specify—

(a)the class of person to whom the exemption applies; and

(b)the provisions of the regulations to which the exemption relates; and

(c)any conditions or circumstances to which the exemption is subject.

28Person to whom exemption applies must notify Head, Recycling Victoria if unable to comply with any condition

A person to whom an exemption given under section 23 applies must not, without reasonable excuse, fail to notify the Head, Recycling Victoria of the following as soon as reasonably practicable after becoming aware of it—

(a)that the person is unable to comply with any condition to which the exemption is subject;

(b)that the person is at risk of being unable to comply with any condition to which the exemption is subject.

Penalty:40 penalty units.

29Person to whom exemption applies must comply with any condition

A person to whom an exemption given under section 23 applies must comply with any condition to which that exemption is subject.

Penalty:40 penalty units.

Division 3—Inquiries by Head, Recycling Victoria

30Inquiries by Head, Recycling Victoria

(1)The Head, Recycling Victoria may hold an inquiry for the purpose of determining any matter—

(a)related to the functions, duties or powers of the Head, Recycling Victoria under this Act; or

(b)related to the operation of this Act or the regulations.

(2)An inquiry under this section may be held—

(a)on the initiative of the Head, Recycling Victoria in consultation with the Minister; or

(b)at the direction of the Minister.

(3)In consulting the Minister in relation to an inquiry referred to in subsection (2)(a), the Head, Recycling Victoria must specify—

(a)the terms of reference of the inquiry; and

(b)the period (not exceeding 12 months) within which the Head, Recycling Victoria is to provide the Minister with a final report of the findings.

(4)A direction under subsection (2)(b)—

(a)must be given in writing; and

(b)must specify the terms of reference of the inquiry; and

(c)may require the Head, Recycling Victoria—

(i)to follow specified directions; and

(ii)to consider specified matters; and

(iii)to make a draft report of the findings publicly available or available to specified persons or bodies; and

(iv)to provide the Minister with a final report of the findings within a specified period.

(5)The Minister, by written notice, may amend—

(a)the terms of reference of an inquiry; or

(b)any requirement specified in a direction under subsection (2)(b).

(6)The Head, Recycling Victoria must comply with a requirement of the Minister specified in a direction under this section.

31Conduct of an inquiry

(1)Subject to the terms of reference, and any requirement specified in a direction under section 30, in holding an inquiry under section 30(1) the Head, Recycling Victoria—

(a)may determine the manner in which the inquiry is held or conducted; and

(b)may inform themselves in any way they consider appropriate.

(2)Without limiting subsection (1), the Head, Recycling Victoria may—

(a)hold a hearing, or part of a hearing, in public; or

(b)hold a hearing, or part of a hearing, in private if the Head, Recycling Victoria considers—

(i)that it would be in the public interest; or

(ii)that it is necessary for the protection of confidential or commercially-sensitive information; or

(c)receive oral or written submissions from any person (including from a person who is being represented by another person); or

(d)consult or obtain information from a person who has relevant specialised knowledge based on the person's training, study or experience; or

(e)require persons to provide documents or other things; or

(f)establish committees.

(3)In holding an inquiry under section 30 the Head, Recycling Victoria—

(a)is bound by the rules of natural justice; and

(b)is not bound by the rules of evidence; and

(c)is not required to act in a formal manner.

32Final report of Head, Recycling Victoria following inquiry

(1)The Head, Recycling Victoria must provide a report of the findings of, and the measures proposed by, an inquiry conducted under section 30 to the Minister—

(a)in the case of an inquiry under section 30(2)(a), as soon as practicable after the completion of the inquiry; or

(b)in the case of an inquiry under section 30(2)(b), within the period specified in the direction or an extended period approved by the Minister.

(2)If the Head, Recycling Victoria is of the opinion that the report will contain confidential or commercially-sensitive information, the Head, Recycling Victoria—

(a)must divide the report into—

(i)a document containing the confidential or commercially-sensitive information; and

(ii)another document containing the rest of the report; and

(b)must recommend measures for the protection of the confidential and commercially-sensitive information contained in the report.

Division 3A—Market strategies and reporting

32ASubmission of market strategies

(1)The Head, Recycling Victoria may prepare and submit to the Minister for approval a strategy for fostering sustainable markets for recycled materials and resources recovered from waste.

(2)A market strategy must include the following—

(a)any specified time, place or circumstances in which the market strategy applies;

(b)any matter as directed by the Minister;

(c)any prescribed matter.

(3)A market strategy may include the following—

(a)the objectives to be achieved by the market strategy;

(b)the nature and scope of any priorities;

(c)how the Head, Recycling Victoria intends to assess the development and performance of the market for recycled materials and resources recovered from waste;

(d)subject to subsection (2), any other matters that the Head, Recycling Victoria considers appropriate.

(4)A market strategy may apply to one or more regions or to the whole of Victoria.

(5)On receiving a market strategy for approval, the Minister must—

(a)approve the market strategy, subject to any amendments specified in the approval; or

(b)refuse to approve the market strategy; or

(c)return the market strategy to the Head, Recycling Victoria for further revision.

(6)If the Minister returns amendments to the Head, Recycling Victoria under subsection (5)(c), the Minister must give directions in relation to—

(a)the further revisions required; and

(b)the period within which the Head, Recycling Victoria must submit further revised draft amendments for approval.

(7)Subject to this section, the Minister may approve more than one market strategy in relation to any particular matter.

32BPublication of market strategy

If the Minister approves a market strategy under section 32A, the Head, Recycling Victoria must publish the market strategy on a website maintained by the Department.

32CMarket report

(1)Subject to subsection (5), the Head, Recycling Victoria must submit a report on the circular economy market during a financial year to the Minister for approval on or before 31 December after the end of that financial year.

(2)A report under subsection (1) must include the following—

(a)any matter as directed by the Minister;

(b)any prescribed matter.

(3)Without limiting subsection (1), a report under that subsection may include the following—

(a)an overview of the circular economy market, including an overview of the waste reduction and recycling in the circular economy market;

(b)an overview of the market for products and materials generated by the provision of waste, recycling or resource recovery services within the circular economy market;

(c)an assessment of the circular economy market within the circular economy or an assessment of a part of that market;

(d)any developments or changes in the circular economy market or a part of the market;

(e)the performance of the circular economy market or a part of the market;

(f)a discussion or recommendation regarding any emerging or continuing risks, performance issues or supply issues (including issues relating to the generation, collection, sorting, reprocessing or re-manufacturing of waste) within the circular economy market or a part of the market;

(g)actions taken by the Head, Recycling Victoria in accordance with this Act, the regulations or a market strategy in relation to the circular economy market or a part of the market;

(h)the goals or priorities of the Head, Recycling Victoria in relation to the circular economy market or a part of the market;

(i)subject to subsection (2), any other matter the Head, Recycling Victoria considers appropriate.

(4)On receiving a report under subsection (1), the Minister must—

(a)approve the report, subject to any amendments specified in the approval; or

(b)refuse to approve the report; or

(c)return the report to the Head, Recycling Victoria for further revision.

(5)If the Minister approves a report under subsection (1), the Head, Recycling Victoria must publish that report on a website maintained by the Department.

Division 4—Declared regions

33Head, Recycling Victoria may declare regions

(1)Subject to section 34, the Head, Recycling Victoria, by notice published in the Government Gazette, may—

(a)declare any region for the purposes of this Act; or

(b)vary a declaration of a region or revoke a declaration of a region.

(2)If the Head, Recycling Victoria makes or varies a declaration under subsection (1), the Head, Recycling Victoria must also publish a copy of the declaration on a website maintained by the Department.

34Procedure for declaring regions

Before the Head, Recycling Victoria declares a region, or varies a declaration of a region, the Head, Recycling Victoria must—

(a)publish in the Government Gazette a notice that—

(i)states the intention of the Head, Recycling Victoria to declare a region, or vary a declaration of a region; and

(ii)includes a summary of the proposed declaration or proposed variations to a declaration; and

(iii)invites public submissions on the proposal of the Head, Recycling Victoria for a period of at least 28 days after publication of the notice; and

(iv)specifies where a copy of the proposed declaration or proposed variations to a declaration and any other relevant information may be accessed; and

(b)publish a copy of the notice and the proposed declaration or proposed variations to a declaration on a website maintained by the Department; and

(c)provide a copy of the notice and the proposed declaration or proposed variations to a declaration to—

(i)each advisory committee; and

(ii)any other person as directed by the Minister.

35When declaration takes effect

(1)A declaration or variations to a declaration take effect—

(a)on the date specified in the declaration, provided that the date specified is not before the date on which the declaration is published in the Government Gazette; or

(b)in any other case, 28 days after the declaration is published in the Government Gazette.    

(2)A declaration continues in effect until it is revoked.

Division 5—Engagement

36Charter of Engagement

(1)The Head, Recycling Victoria, in consultation with the Minister, must prepare a Charter of Engagement.

(2)The Charter of Engagement must include the following—

(a)details of how the Head, Recycling Victoria intends to consult and engage with councils, Alpine Resorts Victoria, industry, regional communities and traditional owners;

(b)any prescribed matters.

(3)The Head, Recycling Victoria must publish the Charter of Engagement on a website maintained by the Department.

Division 6—Advisory committees

37Advisory committees

(1)Subject to this section, the Minister may establish advisory committees from time to time to inform and advise the Minister and the Head, Recycling Victoria on any matters relating to the operation of this Act.

(2)The Minister must establish at least one advisory committee that includes persons with relevant skills, knowledge and experience relating to local government and rural and regional communities.

(3)The Minister must publish, on a website maintained by the Department, terms of reference relating to the composition and specific purpose of each advisory committee.

Division 7—Recycling Victoria Fund

37AA Recycling Victoria Fund

(1)There must be established in the Public Account as part of the Trust Fund an account to be known as the Recycling Victoria Fund.

(2)The Recycling Victoria Fund is to be divided into—

(a)the Container Deposit Scheme account; and

(b)the Waste to Energy Scheme account.

37ABPayments into and from the Container Deposit Scheme account

(1)The following are to be credited to the Container Deposit Scheme account—

(a)payments made to the Minister or Head, Recycling Victoria under this Act in respect of the container deposit scheme;

(b)payments made to the Head, Recycling Victoria under the Scheme Coordinator agreement;

(c)all money appropriated by Parliament for the purposes of the Container Deposit Scheme account.

(2)Money in the Container Deposit Scheme account may be applied for the following purposes—

(a)any costs associated with the container deposit scheme;

(b)any amounts directed under subsection (3) to be paid into the Consolidated Fund.

(3)If the Treasurer is satisfied that there is in the Container Deposit Scheme account at any time an amount in excess of the amount required to meet the anticipated payments from the account, after consultation with the Minister, the Treasurer may direct the payment of the whole or any part of that excess amount out of the account into the Consolidated Fund.

37AC Payments into and from the Waste to Energy Scheme account

(1)The following are to be credited to the Waste to Energy Scheme account—

(a)payments made to the Head, Recycling Victoria under this Act in respect of the waste to energy scheme;

(b)all money appropriated by Parliament for the purposes of the Waste to Energy Scheme account.

(2)Money into the Waste to Energy Scheme account may be applied for the following purposes—

(a)any costs associated with the waste to energy scheme;

(b)any amounts directed under subsection (3) to be paid into the Consolidated Fund.

(3)If the Treasurer is satisfied that there is in the Waste to Energy Scheme account at any time an amount in excess of the amount required to meet the anticipated payments from the account, after consultation with the Minister, the Treasurer may direct the payment of the whole or any part of that excess amount out of the account into the Consolidated Fund.

PART 2A—VICTORIAN RECYCLING INFRASTRUCTURE PLAN (VRIP)

Division 1—Preliminary

37AObjectives of a VRIP

The objectives of a VRIP are the following—

(a)to provide long-term strategic planning to guide and inform decision-making in relation to waste, recycling and resource recovery infrastructure at State, regional and local levels;

(b)to enable waste, recycling and resource recovery infrastructure planning to be informed appropriately by—

(i)land use and development planning and policy; and

(ii)environmental regulatory approvals and policy; and

(iii)transport planning and policy;

(c)to support risk, consequence and contingency planning for the waste, recycling and resource recovery infrastructure network;

(d)to provide long-term strategic planning in relation to Victoria's waste, recycling and resource recovery infrastructure needs for a period of 30 years.

37BMatters included in a VRIP

(1)A VRIP must include—

(a)suitable development areas that meet Victoria's waste, recycling and resource recovery infrastructure needs; and

(b)directions or actions to take in relation to waste, recycling and resource recovery infrastructure at 3-year intervals during the 30-year period of the VRIP; and

(c)a list of the future waste, recycling and resource recovery infrastructure (other than landfill) needed for the State to manage waste in a manner that—

(i)provides for the orderly development of infrastructure based on the State's needs; and

(ii)minimises the risk of harm to human health or the environment for the 30‑year period of the VRIP; and

(d)a schedule of existing landfill sites and future landfill sites required across the State for the 30-year period of the VRIP; and

(e)any matters prescribed by the regulations.

(2)A VRIP may also include any other matters that the Head, Recycling Victoria considers appropriate.

Division 2—Inaugural VRIP

37CHead, Recycling Victoria to prepare inaugural VRIP

The Head, Recycling Victoria must prepare the inaugural VRIP in accordance with this Division.

37DDraft inaugural VRIP

(1)The Head, Recycling Victoria must prepare a draft inaugural VRIP that includes the matters required under section 37B.

(2)In preparing the draft inaugural VRIP, the Head, Recycling Victoria must have regard to the following—

(a)existing Victorian policies that the Head, Recycling Victoria considers relevant to the State's future waste, recycling and resource recovery infrastructure needs;

(b)any relevant guidelines issued by the Minister under section 181;

(c)to the extent that the Head, Recycling Victoria considers relevant, any advice that is prepared by the following persons and bodies and provided to the Head, Recycling Victoria—

(i)a WRR Group;

Note

See definition of WRR Group in section 184.

(ii)Sustainability Victoria;

(iii)the Secretary;

(iv)the Environment Protection Authority;

(d)any matters prescribed by the regulations.

37EConsultation on draft inaugural VRIP

(1)The Head, Recycling Victoria must provide a draft inaugural VRIP to the following persons and bodies for comment—

(a)the Secretary;

(b)Sustainability Victoria;

(c)the Environment Protection Authority;

(d)the Municipal Association of Victoria within the meaning of the Municipal Association Act 1907;

(e)any advisory committee whose terms of reference include informing or advising the Minister or the Head, Recycling Victoria on matters relating to VRIPs;

(f)the Victorian Planning Authority established under section 4 of the Victorian Planning Authority Act 2017;

(g)any persons and bodies prescribed by the regulations;

(h)any other persons and bodies that the Head, Recycling Victoria considers appropriate to consult.

(2)The Head, Recycling Victoria must consult with the persons and bodies referred to in subsection (1) in accordance with any process prescribed by the regulations.

37FFirst revised draft inaugural VRIP

(1)The Head, Recycling Victoria must prepare a revised draft inaugural VRIP having regard to the comments received through consultation under section 37E.

(2)The Head, Recycling Victoria must provide a revised draft inaugural VRIP to the Environment Protection Authority for specific comment in relation to—

(a)the list of infrastructure referred to in section 37B(1)(c); and

(b)the schedule of landfill sites referred to in section 37B(1)(d).

(3)The Environment Protection Authority must provide its specific comments to the Head, Recycling Victoria within 60 days of receiving the revised draft inaugural VRIP.

37GSecond revised draft inaugural VRIP

(1)The Head, Recycling Victoria must prepare a second revised draft inaugural VRIP having regard to the specific comments received from the Environment Protection Authority.

(2)If the Environment Protection Authority comments that it considers a proposed future landfill site to be unlikely to meet any requirement of the Environment Protection Act 2017, the Head, Recycling Victoria must remove that site from the schedule of landfill sites.

37HApproval of inaugural VRIP

(1)The Head, Recycling Victoria must submit a second revised draft inaugural VRIP to the Minister for approval no later than 12 months after the commencement of this section.

(2)A second revised draft inaugural VRIP must be accompanied by the additional documents or information—

(a)prescribed by the regulations; or

(b)referred to in any relevant guidelines issued by the Minister under section 181.

(3)On receiving a second revised draft inaugural VRIP, the Minister must—

(a)approve the inaugural VRIP; or

(b)approve the inaugural VRIP with amendments; or

(c)return the inaugural VRIP to the Head, Recycling Victoria for amendment.

(4)If the Minister returns the inaugural VRIP to the Head, Recycling Victoria under subsection (3)(c), the Minister must give directions in relation to—

(a)the amendments required; and

(b)the period within which the Head, Recycling Victoria must submit a further revised draft inaugural VRIP for approval in accordance with this section.

37IGazettal and publication of inaugural VRIP

(1)If the Minister approves the inaugural VRIP, the Minister must cause notice of the approval to be published in the Government Gazette.

(2)The approved inaugural VRIP takes effect on—

(a)the date on which notice of the approval is published in the Government Gazette; or

(b)a later date specified in the notice.

(3)The Head, Recycling Victoria must publish the approved inaugural VRIP on a website maintained by the Department within 5 business days of notice of the approval being published in the Government Gazette.

Division 3—Further VRIPs

37JHead, Recycling Victoria to prepare VRIP

The Head, Recycling Victoria must prepare a VRIP, other than the inaugural VRIP, in accordance with this Division.

37KDraft VRIP

(1)The Head, Recycling Victoria must prepare a draft VRIP that includes the matters required under section 37B.

(2)In preparing a draft VRIP, the Head, Recycling Victoria must have regard to the following—

(a)existing Victorian policies that the Head, Recycling Victoria considers relevant to the State's future waste, recycling and resource recovery infrastructure needs;

(b)any relevant guidelines issued by the Minister under section 181;

(c)the most recent annual VRIP progress report prepared under section 37Y;

(d)any matters prescribed by the regulations.

37LConsultation on draft VRIP

(1)The Head, Recycling Victoria must provide a draft VRIP to the following persons and bodies for comment—

(a)the Secretary;

(b)Sustainability Victoria;

(c)the Environment Protection Authority;

(d)the Municipal Association of Victoria within the meaning of the Municipal Association Act 1907;

(e)any advisory committee whose terms of reference include informing or advising the Minister or the Head, Recycling Victoria on matters relating to VRIPs;

(f)the Victorian Planning Authority established under section 4 of the Victorian Planning Authority Act 2017;

(g)any persons and bodies prescribed by the regulations;

(h)any other persons and bodies that the Head, Recycling Victoria considers appropriate to consult.

(2)The Head, Recycling Victoria must consult with the persons and bodies referred to in subsection (1) in accordance with any process prescribed by the regulations.

37MFirst revised draft VRIP

(1)The Head, Recycling Victoria must prepare a revised draft VRIP having regard to the comments received through consultation under section 37L.

(2)The Head, Recycling Victoria must provide a revised draft VRIP to the Environment Protection Authority for specific comment in relation to—

(a)the list of infrastructure referred to in section 37B(1)(c); and

(b)the schedule of landfill sites referred to in section 37B(1)(d).

(3)The Environment Protection Authority must provide its specific comments to the Head, Recycling Victoria within 60 days of receiving the revised draft VRIP.

37NSecond revised draft VRIP

(1)The Head, Recycling Victoria must prepare a second revised draft VRIP having regard to the specific comments received from the Environment Protection Authority.

(2)If the Environment Protection Authority comments that it considers a proposed future landfill site to be unlikely to meet any requirement of the Environment Protection Act 2017, the Head, Recycling Victoria must remove that site from the schedule of landfill sites.

37OApproval of VRIP

(1)The Head, Recycling Victoria must submit a second revised draft VRIP to the Minister for approval.

(2)A second revised draft VRIP must be accompanied by the additional documents or information—

(a)prescribed by the regulations; or

(b)referred to in any relevant guidelines issued by the Minister under section 181.

(3)On receiving a second revised draft VRIP, the Minister must—

(a)approve the VRIP; or

(b)approve the VRIP with amendments; or

(c)return the VRIP to the Head, Recycling Victoria for amendment.

(4)If the Minister returns a VRIP to the Head, Recycling Victoria under subsection (3)(c), the Minister must give directions in relation to—

(a)the amendments required; and

(b)the period within which the Head, Recycling Victoria must submit a further revised draft VRIP for approval in accordance with this section.

37PGazettal and publication of VRIP

(1)If the Minister approves a VRIP, the Minister must cause notice of the approval to be published in the Government Gazette.

(2)An approved VRIP takes effect on—

(a)the date on which notice of the approval is published in the Government Gazette; or

(b)a later date specified in the notice.

(3)The Head, Recycling Victoria must publish an approved VRIP on a website maintained by the Department within 5 business days of notice of the approval being published in the Government Gazette.

PART 9—SAVINGS AND TRANSITIONAL PROVISIONS

Division 1—General

184Definitions

In this Part—

board means a board of directors of a WRR Group under section 389 of the Environment Protection Act 2017 as in force immediately before the commencement day;

commencement day means the day on which section 193 comes into operation;

WRR Group means a Waste and Resource Recovery Group continued under section 382 of the Environment Protection Act 2017 as in force immediately before the commencement day;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.

185Application of Interpretation of Legislation Act 1984

Except where the contrary intention appears, this Part, and any regulations made under this Part, do not affect or take away from the Interpretation of Legislation Act 1984.

186Abolition of WRR Groups

(1)On the commencement day—

(a)each WRR Group is abolished; and

(b)each board is abolished; and

(c)a person holding office as a member of a board ceases to hold office.

(2)On the commencement day—

(a)the Crown is the successor in law of a WRR Group; and

(b)all rights, property and assets that immediately before that day were vested in a WRR Group, by force of this section, vest in the Crown; and

(c)all debts, liabilities and obligations of a WRR Group become, by force of this section, debts, liabilities and obligations of the Crown; and

(d)the Crown, by force of this section, is substituted as a party to any proceeding pending in any court or tribunal to which a WRR Group was a party immediately before the commencement day and the Crown has the same rights in the proceeding as a WRR Group; and

(e)the Crown, by force of this section, is substituted as a party to any arrangement or contract entered into by or on behalf of a WRR Group as a party and in force immediately before that day.

187Transfer of executive officers and Chief Executive Officer of WRR Group

(1)A person who immediately before the commencement day was an executive officer appointed by a WRR Group under section 399(1) of the Environment Protection Act 2017—

(a)is taken on that day to be employed as an executive under Part 3 of the Public Administration Act 2004 subject to the terms and conditions determined by the Secretary in accordance with subsection (2); and

(b)is taken on that day to have accrued an entitlement to benefits under their employment under Part 3 of the Public Administration Act 2004 equivalent to the entitlement the person had accrued as an executive officer of a WRR Group before that day.

(2)The terms and conditions determined by the Secretary for the purposes of subsection (1)(a) must be no less favourable overall than the terms and conditions applying to the person's appointment as an executive officer of a WRR Group immediately before the commencement day.

(3)The person who immediately before the commencement day was the Chief Executive Officer appointed by the Metropolitan Waste and Resource Recovery Group under section 399(2) of the Environment Protection Act 2017—

(a)is taken on that day to be employed as an executive under Part 3 of the Public Administration Act 2004 subject to the terms and conditions determined by the Secretary in accordance with subsection (4); and

(b)is taken on that day to have accrued an entitlement to benefits under their employment under Part 3 of the Public Administration Act 2004 equivalent to the entitlement the person had accrued as the Chief Executive Officer of the Metropolitan Waste and Resource Recovery Group before that day.

(4)The terms and conditions determined by the Secretary for the purposes of subsection (3)(a) must be no less favourable overall than the terms and conditions applying to the person's appointment as the Chief Executive Officer of the Metropolitan Waste and Recovery Group immediately before the commencement day.

188Transfer of WRR Group staff

(1)A person who immediately before the commencement day was employed under section 400 of the Environment Protection Act 2017—

(a)is taken on that day to be a person employed under Part 3 of the Public Administration Act 2004 (other than an executive within the meaning of that Act) subject to the terms and conditions determined by the Secretary in accordance with subsection (2); and

(b)is taken on that day to have accrued an entitlement under their employment under Part 3 of the Public Administration Act 2004 to benefits equivalent to the entitlement the person had accrued as an employee of a WRR Group before that day.

(2)The terms and conditions determined by the Secretary for the purposes of subsection (1)(a) must be no less favourable overall than the terms and conditions applying to the person's employment under section 400 of the Environment Protection Act 2017 immediately before the commencement day.

189Superseded references

A reference to a WRR Group in any Act or any instrument (including a subordinate instrument) made under or for the purposes of any Act or any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to (as appropriate) the Crown or the Head, Recycling Victoria—

(a)so far as the reference relates to any period on or after the commencement day; and

(b)if not inconsistent with the subject matter.

190Declared regions

A waste and resource recovery region within the meaning of section 3(1) of the Environment Protection Act 2017 immediately before the commencement of section 197 of this Act is taken to be a declared region until a declaration by the Head, Recycling Victoria takes effect in accordance with section 33.

*                *                *                *                *

191ATransitional provisions—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023

(1)Section 81(3A) does not apply to a Scheme Coordinator agreement entered into before the day on which section 8(3) of the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023 comes into operation.

(2)Section 90(3A) does not apply to a network operator agreement entered into before the day on which section 10(3) of the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023 comes into operation.

Division 2—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023

191BValidation of Scheme Coordinator agreement

(1)Any Scheme Coordinator agreement or part of a Scheme Coordinator agreement in force or purportedly in force immediately before the commencement day is taken to have, and to always have had, the same force and effect as it would if the amendments to section 81 made by section 8 of the amending Act had been in operation at the time the agreement or part was entered into or purportedly entered into.

(2)Without limiting subsection (1), any act or thing done or omitted to be done, directly or indirectly, in reliance on a Scheme Coordinator agreement or under this or any other Act, whether before, on or after the commencement day, is not invalid and is taken to never have been invalid by reason only that, but for subsection (1), the agreement or any part of the agreement was not entered into in accordance with section 81.

(3)In this section—

amending Act means the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023;

commencement day means the day on which section 8 of the amending Act comes into operation.

191CValidation of network operator agreements

(1)Any network operator agreement or part of a network operator agreement in force or purportedly in force immediately before the commencement day is taken to have, and to always have had, the same force and effect as it would if the amendments to section 90 made by section 10 of the amending Act had been in operation at the time the agreement or part was entered into or purportedly entered into.

(2)Without limiting subsection (1), any act or thing done or omitted to be done, directly or indirectly, in reliance on a network operator agreement or under this or any other Act, whether before, on or after the commencement day, is not invalid and is taken to never have been invalid by reason only that, but for subsection (1), the agreement or any part of the agreement was not entered into in accordance with section 90.

(3)In this section—

amending Act means the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023;

commencement day means the day on which section 10 of the amending Act comes into operation.

*                *                *                *                *

SCHEDULE 1—SUBJECT MATTER FOR REGULATIONS

1Entities to sort waste and recycling materials

1.1Requiring an entity or a class of entity to separate and sort waste of a specified kind.

1.2Exceptions to any requirement to separate and sort any kind of waste that applies to an entity or class of entity.

1.3Requiring an entity or a class of entity to separate and sort recycling materials of a specified kind.

1.4Exceptions to any requirement to separate and sort any kind of recycling material that applies to an entity or class of entity.

1.5Separating and sorting requirements including—

(a)that a particular requirement does or does not apply to a particular kind of waste or class of waste; and

(b)that a particular requirement does or does not apply to a particular kind or class of recycling material; and

(c)that a particular requirement differs according to the source of the waste or recycling materials; and

(d)that a particular requirement differs according to geographical location.

1AWaste to energy scheme

1A.1Prescribing a process as or as not a thermal waste to energy process.

1A.2Prescribing waste as or as not permitted waste.

1A.3The form or manner in which an expression of interest under section 74R must be submitted.

1A.4Fees for submitting an expression of interest under section 74R.

1A.4AIn respect of the periodic fee payable as a condition of a cap licence, prescribing the period to which the fee applies and when the fee is to be paid.

1A.4BIn respect of the periodic fee payable as a condition of an existing operator licence, prescribing the period to which the fee applies and when the fee is to be paid.

1A.5Reporting requirements for operators of thermal waste to energy facilities.

1A.6The process and requirements for making a notification or response under Part 5A.

1A.7The process and requirements for making an application under section 74ZH.

1BCERCC Plan and RERCC Plans

1B.1The preparation and content of the CERCC Plan.

1B.2Prescribing persons or entities that the Minister must consult before approving or refusing to approve the CERCC Plan.

1B.3The preparation and content of RERCC Plans.

1B.4Prescribing responsible entities for the purposes of Division 4 of Part 5.

1B.5Prescribing requirements of the CERCC Plan, with which it is an offence for a responsible entity to fail to comply.

1B.6Prescribing requirements of RERCC Plans, with which it is an offence for a responsible entity to fail to comply.

1B.7Prescribing requirements for the preparation of statements of assurance under section 74G.

1B.8Information and record keeping requirements for responsible entities.

2Container deposit scheme

2.1Applications under section 80 to enter into a Scheme Coordinator agreement.

2.1ARequirements for determining a fee specified in a Scheme Coordinator agreement under section 81(4)(ea).

2.2Applications under section 89 to enter into a network operator agreement.

2.3Notifications under section 98(1) including, but not limited to, information that must be provided with a notification.

*                *                *                *                *

2.5The factors that may or must be considered when determining whether a person is or will be a first supplier of an eligible container in Victoria.

2.6Persons or classes of person who are or are not to be taken to be first suppliers of an eligible container in Victoria.

2.7The provision of information by first suppliers to the Head, Recycling Victoria or Scheme Coordinator.

2.8Applications for the approval of a suitable eligible container.

2.9Criteria for eligible containers.

2.10Factors to be taken into account when determining whether an eligible container is a suitable eligible container, including but not limited to material composition or dimensions.

2.11The refund amount for a suitable eligible container or material recovery facility operator.

2.12The method by which the refund amount is determined for a suitable eligible container or class of material recovery facility operator.

2.13Use, disclosure, collection and retention of data requirements in relation to a Scheme Coordinator agreement or network operator agreement.

2.14The requirements for any methodology for payments under Scheme Coordinator agreements or network operator agreements.

2.15The requirements for any method for determining a refund under a material recovery facilities protocol or a local government refund sharing protocol.

3Committees

3.1Regulating the procedures of an advisory committee.

4Council and Alpine Resorts Victoria services

4.1The particular kind of waste in respect of which a council or Alpine Resorts Victoria must provide waste, recycling or resource recovery services.

4.2The particular kind of recycling material in respect of which a council or Alpine Resorts Victoria must provide waste, recycling or resource recovery services.

4.3The particular waste, recycling or resource recovery services which must be provided by councils or Alpine Resorts Victoria under this Act including—

(a)service standards; and

(b)prescribing any additional waste, recycling or resource recovery service which must be provided by councils or Alpine Resorts Victoria.

5Procurement

5.1Processes for the procurement of waste, recycling or resource recovery services under Part 4.

5.2Contract management support for contracts entered into by councils and Alpine Resorts Victoria for the procurement of waste, recycling or resource recovery services.

5.3Matters for which a procurement agreement under section 56 must provide.

5.4The activities in relation to which the Head, Recycling Victoria may provide advice and support under section 57.

5.5Matters that may be included in guidelines issued under section 58.

5.6Matters that the Head, Recycling Victoria must take into account when performing a function or duty or exercising a power under Part 4.

6Records

6.1Specifying requirements for the keeping of records by a person who is providing a waste, recycling or resource recovery service, relating to the production, collection, transfer, transport, receipt, handling, storage, management, containment, treatment, processing, disposal or use of waste and recycling materials.

7Recycling materials

7.1Prescribing any recycling material or class of recycling material.

7.2Regulating the use or reuse of recycled materials or substances.

7.3Regulating or prohibiting any matter that may be recycled.

7.4Regulating or prohibiting the disposal of recycling materials.

7.5Regulating or prohibiting the production, collection, transfer, receipt, handling, storage, use, management, treatment and processing of recycling materials.

8Waste

8.1Prescribing any matter or class of matter as or as not waste.

8.2Prescribing any matter or class of matter as or as not industrial waste.

8.3Regulating or prohibiting the disposal of waste material.

8.4Regulating the use or reuse of waste materials or substances.

8.5Regulating or prohibiting the disposal of waste, or a class of waste, at a landfill site.

8.6Regulating or prohibiting the production, generation, collection, transfer, receipt, handling, storage, use, management, containment, treatment and processing of waste.

9Waste, recycling or resource recovery services

9.1Prescribing any service to be or not to be a waste, recycling or resource recovery service.

9.2Regulating waste, recycling or resource recovery services.

9.3Allocating responsibility for operations in waste, recycling or resource recovery services.

9.4Prescribing any thing or process to be resource recovery in relation to waste.

10Municipal services

10.1Prescribing a service to be or not to be a municipal recycling service.

10.2Prescribing a service to be or not to be a municipal residual waste service.

11Regular reporting entities and occasional reporting entities

11.1Prescribing an entity to be a regular reporting entity.

11.2Prescribing an entity to be an occasional reporting entity.

12Reporting requirements for regular reporting entities and occasional reporting entities in respect of prescribed information

12.1The mandatory reporting requirements for the provision of prescribed information by regular reporting entities to the Head, Recycling Victoria including—

(a)the type of information to be reported; and

(b)the timing and frequency at which information must be given to the Head, Recycling Victoria.

12.2Prescribing the kind or class of information to be retained by occasional reporting entities and the period for which this information must be retained.

12.3Prescribing different types of information that is required to be provided by specific classes of regular reporting entity.

12.4Prescribing the criteria to be considered by the Head, Recycling Victoria before granting, amending or refusing an exemption under Division 2 of Part 3.

12.5In relation to an application for an exemption from reporting requirements and an application for renewal of an exemption—

(a)prescribing the information to be included in an application; and

(b)prescribing the form of the application; and

(c)prescribing the fee to accompany the application.

12.6In relation to an application for an amendment of an exemption—

(a)prescribing the information to be included in an application; and

(b)prescribing the form of the application; and

(c)prescribing the fee to accompany the application.

13Information sharing and reporting

13.1Prescribing a public sector body to be a government agency.

13.2Prescribing a public sector body of another State, or a Territory or the Commonwealth to be a government agency.

13.3Prescribing a person or body for the purposes of the disclosure of information or data under section  50.

13.4Prescribing a person or body for the purposes of disclosing confidential information or commercially-sensitive information.

14Manner in which information and data to be provided

14.1Specifying the manner in which prescribed information or information specified in a direction may be provided to the Head, Recycling Victoria including the following—

(a)through a data and information system established and maintained by the Head, Recycling Victoria under section 51;

(b)through surveys provided by the Head, Recycling Victoria to a person or entity required to provide information and that are completed and returned to the Head, Recycling Victoria by the person or entity;

(c)in writing or an electronic report capable of being—

(i)posted or emailed to the Head, Recycling Victoria; or

(ii)uploaded to a website maintained by the Department or to a prescribed software application or prescribed information technology;

(d)by prescribed technologies that allow data to be provided to the Head, Recycling Victoria in real time;

(e)through regular or strategic independent audits.

14.2The prescribed requirements and standards a centrally managed data and information system must meet.

15Exemptions by Head, Recycling Victoria

15.1Forms and fees and applications for exemption by the Head, Recycling Victoria under Division 2 of Part 2.

16Show cause notices

16.1Prescribing periods of time for the purposes of show cause notices.

17Infringement offences

17.1Prescribing infringement offences and penalties.

17.2Prescribing authorised officers who may issue infringement notices.

18Authorised officers

18.1Prescribing conditions or limitations for the appointment of authorised officers.

19Auditors

19.1Prescribing the functions of auditors.

19.2Regulating the conduct and oversight of auditors.

19.3Regulating the carrying out of audits.

19.4Prescribing persons or classes of persons who may be appointed as auditors.

19.5Prescribing conditions and limitations for the appointment of auditors.

19.6Prescribing matters relating to the variation, suspension or revocation of appointments of auditors.

20Proceedings

20.1Prescribing persons or classes of person who may commence a proceeding for an offence against a provision of this Act or the regulations.

21Guidelines, methods or protocols for determining monetary benefit

21.1Prescribing a guideline, method or protocol for the purposes of Division 9A of Part 7.

22Victorian Recycling Infrastructure Plan

22.1Matters to be included in a VRIP.

22.2Matters to be considered in preparing a draft VRIP or draft amendments to a VRIP.

22.3Persons and bodies to be consulted after preparation of a draft VRIP or draft amendments to a VRIP.

22.4The process for consultation after preparation of a draft VRIP or draft amendments to a VRIP.

22.5Documents or information to accompany a draft VRIP or draft amendments to a VRIP for approval.

22.6Reporting, monitoring and evaluation requirements with respect to a VRIP.

22.7Matters to be considered in conducting a review of an approved VRIP.

22.8The process for conducting a review of an approved VRIP.

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ENDNOTES

1   General information

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

Minister's second reading speech—

Legislative Assembly: 28 October 2021

Legislative Council: 19 November 2021

The long title for the Bill for this Act was "A Bill for an Act to introduce a circular economy in Victoria, to provide for the Head, Recycling Victoria, to provide for a regulatory framework for waste, recycling or resource recovery services, to make related and consequential amendments to other Acts and for other purposes."

The Circular Economy (Waste Reduction and Recycling) Act 2021 was assented to on 14 December 2021 and came into operation as follows:

Sections 1–37, 50–60, 62–73, 114–198, 200–207, 209–212 on 1 July 2022: Special Gazette (No. 285) 7 June 2022 page 1; sections 75–86, 89–97, 99, 103, 104, 111–113 on 27 September 2022: Special Gazette (No. 506) 27 September 2022 page 1; section 98 on 1 March 2023: Special Gazette (No. 506) 27 September 2022 page 1; sections 87, 88, 100–102, 105–110 on 1 November 2023: Special Gazette (No. 563) 24 October 2023 page 1; sections 38–49, 61, 74 on 1 December 2023: section 2(2).

Sections 199, 208 never proclaimed, repealed on 7 September 2022 by sections 22 and 23 of the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022, No. 36/2022.

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

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

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection 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 an Act 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 an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Circular Economy (Waste Reduction and Recycling) Act 2021 by Acts and subordinate instruments.

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

Circular Economy (Waste Reduction and Recycling) Act 2021, No. 55/2021

Assent Date:	14.12.21
Commencement Date:	Ss 191(5), 212 on 1.7.22: Special Gazette (No. 285) 7.6.22 p. 1
Note:	S. 212 repealed Pt 10 (ss 192–212) on 1.7.23; s. 191(5) repealed s. 191 on 1.7.24
Current State:	This information relates only to the provision/s amending the Circular Economy (Waste Reduction and Recycling) Act 2021

Alpine Resorts Legislation Amendment Act 2022, No. 9/2022

Assent Date:	16.3.22
Commencement Date:	Ss 23–33 on 1.10.22: Special Gazette (No. 371) 26.7.22 p. 1
Current State:	This information relates only to the provision/s amending the Circular Economy (Waste Reduction and Recycling) Act 2021

Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022, No. 36/2022

Assent Date:	6.9.22
Commencement Date:	Ss 22, 23 on 7.9.22: s. 2(3)(a); ss 3–21, 24 on 1.6.23: s. 2(5)
Current State:	This information relates only to the provision/s amending the Circular Economy (Waste Reduction and Recycling) Act 2021

Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023, No. 35/2023

Assent Date:	28.11.23
Commencement Date:	Ss 3−30 on 29.11.23: s. 2(1)
Current State:	This information relates only to the provision/s amending the Circular Economy (Waste Reduction and Recycling) Act 2021

Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025

Assent Date:	20.5.25
Commencement Date:	S. 12 on 21.5.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Circular Economy (Waste Reduction and Recycling) Act 2021

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	Ss 3(Sch. 1 item 10), 4(Sch. 2 item 4) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Circular Economy (Waste Reduction and Recycling) Act 2021

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

3   Explanatory details

No entries at date of publication.