Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023 (Vic)
Version No. 001
Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023
S.R. No. 134/2023
Version as at
20 December 2023
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Definitions
Part 2—Risk, consequence and contingency plans
5Essential waste, recycling or resource recovery service
6Responsible entity
7Meaning of Victorian market share
8Offence to fail to notify the Head, Recycling Victoria when an entity becomes a responsible entity
9Offence to fail to notify the Head, Recycling Victoria when an entity ceases to be a responsible entity
10Preparation of the CERCC Plan
11Content of the CERCC Plan
12Content of RERCC Plans
13Requirements of the RERCC Plan with which it is an offence to fail to comply
Part 3—Exemptions
14Application for exemption
15Application for amendment of exemption
16Waiver
Schedule 1—Table of essential waste, recycling or resource recovery services
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023
S.R. No. 134/2023
Version as at
20 December 2023
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are—
(a)to prescribe certain services as essential waste, recycling or resource recovery services; and
(b)to prescribe certain entities as responsible entities and to prescribe the obligations of responsible entities with respect to the content of, and compliance with, Responsible Entity Risk, Consequence and Contingency Plans; and
(c)to prescribe requirements relating to the preparation and content of Circular Economy Risk, Consequence and Contingency Plans; and
(d)to prescribe offences; and
(e)to prescribe fees and other requirements relating to exemptions under Division 2 of Part 2 of the Circular Economy (Waste Reduction and Recycling) Act 2021; and
(f)to provide for the waiver of fees by the Head, Recycling Victoria.
2Authorising provision
These Regulations are made under section 183 of the Circular Economy (Waste Reduction and Recycling) Act 2021.
3Commencement
These Regulations come into operation on 20 December 2023.
4Definitions
In these Regulations—
ongoing arrangement means an arrangement to provide a service (whether in accordance with a contract or not) for a period of at least 12 months;
regularintervals, in relation to the provision of a service, means provided on a periodic basis at a frequency of at least once every 2 months;
the Act means the Circular Economy (Waste Reduction and Recycling) Act 2021;
total amount of waste managed in Victoria means an amount specified in a CERCC Plan under regulation 11;
Victorian market share has the meaning given in regulation 7.
PART 2—RISK, CONSEQUENCE AND CONTINGENCY PLANS
5Essential waste, recycling or resource recovery service
For the purposes of the definition of essential waste, recycling or resource recovery service in section 3(1) of the Act, a waste, recycling or resource recovery service specified in column 2 of Table 1 in Schedule 1 that provides services described in the corresponding entry in column 3 of the Table is prescribed as an essential waste, recycling or resource recovery service, unless those services are of a type described in the corresponding entry in column 4 of the Table.
6Responsible entity
(1)For the purposes of the definition of responsible entity in section 74A of the Act, an entity is prescribed as a responsible entity if—
(a)the entity provides an essential waste, recycling or resource recovery service that is not an essential service within the meaning of section 74C of the Emergency Management Act 2013; and
(b)the entity—
(i)holds 20 per cent or more of the Victorian market share for that service or that service for a type of waste; or
Example
Clinical waste is a type of waste dealt with by an essential waste, recycling or resource recovery service that provides hazardous waste services.
(ii)holds one or more government contracts under which it delivers that service, with a total combined value of over $50 million over the life of the contracts; or
(iii)provides services under ongoing arrangements or at regular intervals in 5 or more declared regions.
(2)A public sector body is not a responsible entity unless it provides an essential waste, recycling or resource recovery service as specified in subregulation (1)—
(a)as one of its statutory functions; or
(b)for reward or profit.
(3)Subregulation (1)(b)(i) does not apply to a service if—
(a)a CERCC Plan is not in force; or
(b)the total amount of waste managed in Victoria by all providers of that service is not published in the CERCC Plan that is in force.
(4)Subregulation (1)(b)(i) does not apply to a service for a type of waste if—
(a)a CERCC Plan is not in force; or
(b)the total amount of waste of that type managed in Victoria by all providers of that service is not published in the CERCC Plan that is in force.
(5)For the purposes of subregulation (1)(b)(ii), the value of a contract does not include the value of any option to extend that contract.
(6)For the purposes of subregulation (1)(b)(iii), a person does not provide a service in a declared region solely by transporting waste and materials for resource recovery—
(a)through that region; or
(b)to that region for the purpose of being aggregated, stored, treated or disposed of at a facility operated by another party.
7Meaning of Victorian market share
(1)The Victorian market share held by an entity providing an essential waste, recycling or resource recovery service during a specified period is the amount of waste managed in Victoria by the entity in that period—
(a)in the course of providing that service, expressed as a percentage of the total amount of waste managed in Victoria by all providers of that service in that period; or
(b)in the course of providing that service for a type of waste, expressed as a percentage of the total amount of waste managed in Victoria by all providers of that service for that type of waste in that period—
as the case requires.
(2)In this regulation, specified period means a period specified under regulation 11(b).
8Offence to fail to notify the Head, Recycling Victoria when an entity becomes a responsible entity
(1)A responsible entity must notify the Head, Recycling Victoria that it is a responsible entity in accordance with this regulation.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(2)A notification under subregulation (1) must be made—
(a)in the case of an entity that is a responsible entity under regulation 6(1)(b)(ii) or (iii) before the publication of the first CERCC Plan, within 60 days after the publication of that CERCC Plan; or
(b)in the case of an entity that becomes a responsible entity under regulation 6(1)(b)(i) after the publication of the first CERCC Plan, within 60 days after—
(i)the publication of a CERCC Plan, the contents of which allow the entity to determine its Victorian market share; or
(ii)any change relating to the entity's service provision that occurs after the publication of a CERCC Plan referred to in subparagraph (i) and that results in the entity becoming a responsible entity; or
(c)in the case of an entity that becomes a responsible entity under regulation 6(1)(b)(ii) or (iii) after the publication of the first CERCC Plan, within 60 days after any change relating to the entity's service provision that results in the entity becoming a responsible entity.
(3)For the purposes of subregulation (1), the responsible entity must notify the Head, Recycling Victoria in writing and in the manner and form approved by the Head, Recycling Victoria.
9Offence to fail to notify the Head, Recycling Victoria when an entity ceases to be a responsible entity
(1)An entity must notify the Head, Recycling Victoria that it has ceased to be a responsible entity within 60 days after ceasing to be a responsible entity.
Penalty:In the case of a natural person, 10 penalty units;
In the case of a body corporate, 50 penalty units.
(2)For the purposes of subregulation (1), the entity must notify the Head, Recycling Victoria in writing and in the manner and form approved by the Head, Recycling Victoria.
Note
See regulation 8 in relation to the notification requirements that apply when an entity becomes a responsible entity, including when an entity regains its status as a responsible entity after providing a notice under this regulation.
10Preparation of the CERCC Plan
For the purposes of item 1B.1 of Schedule 1 to the Act, in preparing the second CERCC Plan or a subsequent CERCC Plan, the Head, Recycling Victoria must do the following—
(a)undertake a review of any CERCC Plan in force at the time of preparing a new CERCC Plan, to inform the preparation of the new CERCC Plan;
(b)make a draft CERCC Plan available for a consultation period of at least 14 calendar days to—
(i)the responsible entities; and
(ii)any public sector body that may be affected by the CERCC Plan; and
(iii)any other person or entity that the Head, Recycling Victoria considers appropriate;
(c)consider any comments and submissions received during the consultation period and revise the CERCC Plan as appropriate before it is provided to the Minister.
Note
See also section 74B(2) of the Act which requires preparation of the CERCC Plan to be in accordance with any guidelines issued under section 74K of the Act.
11Content of the CERCC Plan
For the purposes of section 74B(2)(i) of the Act, the following matters are prescribed—
(a)any information available to the Head, Recycling Victoria regarding the total amount of waste managed in Victoria for each—
(i)essential waste, recycling or resource recovery service; and
(ii)type of waste relating to the essential waste, recycling or resource recovery service—
whether measured by volume or by any other metric; and
(b)the period to which the information included in the CERCC Plan in accordance with paragraph (a) applies for the purposes of determining the Victorian market share held by an entity.
12Content of RERCC Plans
For the purposes of section 74F(2)(e) of the Act, the following matters are prescribed—
(a)the following information about the responsible entity—
(i)its Australian Company Number, if applicable;
(ii)its Australian Business Number, if applicable;
(iii)the address of the responsible entity and address of any other sites where the responsible entity operates;
(iv)the name and contact details of any directors, the chief executive officer, the chief financial officer, the secretary or any other officer who has control or substantial control over the management of the responsible entity;
(b)the date of preparation of the RERCC Plan;
(c)the date and details of any revisions made to the responsible entity's previous RERCC Plan (if applicable);
(d)a description of the essential waste, recycling or resource recovery services provided by the responsible entity;
(e)which of the criteria in regulation 6(1) the responsible entity meets and a description of how the responsible entity meets that criteria, including—
(i)in the case of a responsible entity that meets criteria in regulation 6(1)(b)(i), the percentage of the Victorian market share that applies to the responsible entity and the service and, if applicable, the type of waste to which that Victorian market share relates; and
(ii)in the case of a responsible entity that meets criteria in regulation 6(1)(b)(ii), the value of the relevant government contracts and the services to which they relate; and
(iii)in the case of a responsible entity that meets criteria in regulation 6(1)(b)(iii), the services provided by the responsible entity that meet the criteria, the declared regions in which the responsible entity provides those services and the intervals at which the services are provided;
(f)the roles and responsibilities of employees of the responsible entity in relation to the preparation of and compliance with the RERCC Plan;
(g)details of any notifications provided to the Head, Recycling Victoria under section 74D(3) or 74H(3) of the Act;
(h)the names of any other entities that provide services under ongoing arrangements or at regular intervals to the responsible entity that are related to the delivery of the essential waste, recycling or resource recovery service;
(i)the names of any other entities that receive services under ongoing arrangements or at regular intervals from the responsible entity that are related to the delivery of the essential waste, recycling or resource recovery service;
(j)details of the identified risks of serious failure, disruption or hindrance to the provision of the essential waste, recycling or resource recovery service for the purposes of section 74F(2)(a) of the Act, including for each identified risk—
(i)an assessment of the likelihood and consequences of it occurring; and
(ii)an assessment of the gravity of the risk based on its likelihood and consequences;
(k)details of when and how the actions and contingency measures for the purposes of section 74F(2)(b) of the Act will be taken;
(l)steps that the responsible entity must take for the monitoring and management of any inherent and residual risks remaining following application of the actions and contingency measures that the responsible entity is taking, or proposes to take, to prevent or minimise identified risks;
(m)a list of documents used in the preparation of the RERCC Plan;
(n)an explanation setting out how the implementation of the RERCC Plan will be monitored and evaluated.
13Requirements of the RERCC Plan with which it is an offence to fail to comply
For the purposes of item 1B.6 of Schedule 1 to the Act, the following are prescribed requirements of a RERCC Plan with which it is an offence for a responsible entity to fail to comply—
(a)the responsible entity must take the actions and contingency measures identified in the RERCC Plan in accordance with section 74F(2)(b) of the Act and in accordance with the timeframes specified in the RERCC Plan in accordance with regulation 12(k);
(b)the responsible entity must ensure that employees carry out their roles and responsibilities as detailed in the RERCC Plan in accordance with regulation 12(f);
(c)the responsible entity must monitor and manage inherent and residual risks as detailed in the RERCC Plan in accordance with regulation 12(l);
(d)the responsible entity must monitor and evaluate the implementation of the RERCC Plan as detailed in accordance with regulation 12(n).
PART 3—EXEMPTIONS
14Application for exemption
(1)For the purposes of section 24(1)(a) and (b) of the Act, an application for exemption is in the prescribed form if it is in writing and contains the following prescribed information—
(a)the applicant's details, including the following—
(i)name;
(ii)postal address;
(iii)street address;
(iv)email address;
(v)contact telephone number;
(vi)photographic proof of identity (in the case of a natural person);
Example
Photographic proof of identity includes a certified copy of a valid driver's licence or passport.
(vii)Australian Company Number (if applicable);
(viii)Australian Business Number (if applicable);
(ix)the name and number of any directors, chief executive officer, chief financial officer, secretary or other officer who has control or substantial control over the management of the business, company or entity (if applicable);
(b)details relating to the exemption, including the following—
(i)the provision of the regulations or of a service standard from which exemption is sought;
(ii)the period for which the exemption is sought, or a statement that the exemption is sought on an ongoing basis;
(iii)the location of the activities or entities to which the application applies;
(iv)the reasons for seeking exemption, including why it is not practicable to comply with the relevant provision;
(v)whether the exemption is being sought only for particular circumstances or unconditionally;
(vi)details of the potential risks associated with the exemption which is being sought, including but not limited to disruption to waste, recycling or resource recovery services;
(vii)details of how those risks will be mitigated if the exemption is given;
(viii)identification of any potential alternative approaches that the applicant could take instead of complying with the provision of the regulations or service standard from which an exemption is sought, including indication of a preferred approach;
Example
An applicant seeking an exemption from prescribed hours of operation for container deposit scheme refund collection points could propose one or more alternatives for hours of operation to better suit the applicant's situation.
(ix)in the case of an applicant seeking an exemption from a provision of regulations relating to a waste to energy facility, or any provision of a service standard—
(A)details of the applicant's potential greenhouse gas emissions, including direct, indirect, short‑term and long-term emissions, and cumulative impacts, if the exemption sought is given; and
(B)details of the applicant's potential greenhouse gas emissions, including direct, indirect, short‑term and long-term emissions, and cumulative impacts, if the exemption sought is refused; and
(C)details of any proposed greenhouse gas emission mitigation measures; and
(D)if applicable, an assessment of the potential climate change impacts and risks that will likely eventuate if the exemption sought is given, having regard to biophysical, economic, environmental, health, social, cumulative and other impacts, whether beneficial or detrimental, direct or indirect; and
(E)if applicable, any measures to be implemented to manage any impacts or risks identified under sub-subparagraph (D);
(x)a description of any consultation that has been carried out with any person whose interests may be affected by the exemption sought;
(xi)details of any previous or current exemptions given to the applicant under the Act;
(xii)any other related information and supporting evidence;
(c)a declaration that the information provided in the exemption application is true and correct;
(d)the date the application was signed by the applicant or an authorised representative of the applicant;
(e)in the case of an application signed by an authorised representative of the applicant, the name of the authorised representative.
(2)The Head, Recycling Victoria, by written notice, may request any further information that the Head, Recycling Victoria considers necessary to determine whether to give or refuse to give an exemption.
(3)A notice under subregulation (2) must specify—
(a)the information which must be provided; and
(b)the date by which the information must be provided to the Head, Recycling Victoria.
(4)For the purposes of section 24(1)(c) of the Act, the prescribed fee is 47 fee units.
15Application for amendment of exemption
(1)For the purposes of section 26(1)(a) of the Act, an application to amend an exemption is in the prescribed form if it is in writing and contains the following prescribed information—
(a)the applicant's details, including the following—
(i)name;
(ii)postal address;
(iii)street address;
(iv)email address;
(v)contact telephone number;
(vi)photographic proof of identity (in the case of a natural person);
Example
Photographic proof of identity includes a certified copy of a valid driver's licence or passport.
(vii)Australian Company Number (if applicable);
(viii)Australian Business Number (if applicable);
(ix)the name and number of any directors, chief executive officer, chief financial officer, secretary or other officer who has control or substantial control over the management of the business, company or entity (if applicable);
(b)the details relating to the exemption, including the following—
(i)number and date of the existing exemption;
(ii)details of the amendment being sought, including the relevant provision of the regulations or of a service standard in respect of which the exemption amendment is sought;
(iii)the period for which the amendment is sought, or a statement that the amendment is required on an ongoing basis;
(iv)the location of the activities or entities to which the application applies;
(v)the reasons for seeking the amendment to the existing exemption, including why it is not practicable to comply with the terms and conditions of the existing exemption;
(vi)whether the amendment is being sought only for particular circumstances or unconditionally;
(vii)details of the potential risks associated with the amendment which is being sought, including but not limited to disruption to waste, recycling or resource recovery services;
(viii)details of how those risks will be mitigated if the amendment is made;
(ix)identification of any potential alternative approaches that the applicant could take instead of complying with the provision of the regulations or service standard in respect of which the exemption amendment is sought, including indication of a preferred approach;
Example
An applicant seeking an amendment to an exemption from prescribed hours of operation for container deposit scheme refund collection points could propose one or more amendments to previously proposed alternatives for hours of operation to better suit their situation.
(x)in the case of an application seeking an amendment to an exemption from a provision of regulations relating to a waste to energy facility, or any provision of a service standard—
(A)details of the applicant's potential greenhouse gas emissions, including direct, indirect, short‑term and long-term emissions, and cumulative impacts, if the amendment sought is made; and
(B)details of the applicant's potential greenhouse gas emissions, including direct, indirect, short‑term and long-term emissions, and cumulative impacts, if the amendment sought is refused; and
(C)details of any proposed greenhouse gas emission mitigation measures; and
(D)if applicable, an assessment of the potential climate change impacts and risks that will likely eventuate if the amendment sought is made, having regard to biophysical, economic, environmental, health, social, cumulative and other impacts, whether beneficial or detrimental, direct or indirect; and
(E)if applicable, any measures to be implemented to manage any impacts or risks identified under sub-subparagraph (D);
(xi)a description of any consultation that has been carried out with any person whose interests may be affected by the amendment being sought;
(xii)details of any previous or current exemptions given to the applicant under the Act;
(xiii)any other related information and supporting evidence;
(c)a declaration that the information provided in the exemption amendment application is true and correct;
(d)the date the application was signed by the applicant or an authorised representative of the applicant;
(e)in the case of an application signed by an authorised representative of the applicant, the name of the authorised representative.
(2)The Head, Recycling Victoria, by written notice, may request any further information that the Head, Recycling Victoria considers necessary to determine whether to amend or refuse to amend an exemption.
(3)A notice under subregulation (2) must specify—
(a)the information which must be provided; and
(b)the date by which the information must be provided to the Head, Recycling Victoria.
(4)For the purposes of section 26(1)(b) of the Act, the prescribed fee for an application to amend an exemption from any provision of the regulations made under the Act or of a service standard is—
(a)in the case of an amendment to correct an error, to change the name, address or contact details of the exempt person or to extend the period during which the exemption remains in force, 12 fee units; or
(b)in any other case, 22 fee units.
16Waiver
(1)The Head, Recycling Victoria may waive any fees payable under regulations 14(4) and 15(4).
(2)A decision to waive fees under subregulation (1) may be made having regard to any matter the Head, Recycling Victoria considers appropriate.
(3)Without limiting subregulation (2), in making a decision, the Head, Recycling Victoria may have regard to whether—
(a)the exemption application relates to a matter in the public interest; or
(b)the applicant is—
(i)experiencing financial hardship (in the case of a natural person); or
(ii)acting on behalf of a not-for-profit or charitable organisation; or
(iii)directly responding to an emergency situation; or
(iv)seeking to pursue innovative approaches to improve circular economy outcomes.
SCHEDULE 1—TABLE OF ESSENTIAL WASTE, RECYCLING OR RESOURCE RECOVERY SERVICES
Regulation 5
1Definitions
In this Schedule—
dangerous goods has the same meaning as in section 3(1) of the Dangerous Goods Act 1985;
designated waste has the same meaning as in regulation 4 of the Environment Protection Regulations 2021[1];
e-waste has the same meaning as in regulation 4 of the Environment Protection Regulations 2021;
hazardous waste means—
(a)reportable priority waste; or
(b)radioactive materials; or
(c)dangerous goods;
public utility means any of the following—
(a)a distribution company within the meaning of section 3 of the Electricity Industry Act 2000;
(b)a gas distribution company within the meaning of section 3 of the Gas Industry Act 2001;
(c)a water corporation within the meaning of section 3(1) of the Water Act 1989;
(d)a telecommunications carrier;
radioactive material has the same meaning as in section 3(1) of the Radiation Act 2005;
reportable priority waste has the meaning given by section 3(1) of the Environment Protection Act 2017.
2Table of prescribed essential waste, recycling or resource recovery services
Table 1—Essential waste, recycling or resource recovery services
| Column 1
| Column 2 Essential waste, recycling or resource recovery service | Column 3
| Column 4
|
| 1 | Landfill services | Services relating to the operation of a landfill facility that receives, discharges or deposits solid waste to land, including waste containment and all associated services including but not limited to landfill gas management and leachate disposal. This includes landfill services related to the disposal of any of the following— (a) hazardous waste; (b) putrescible waste; (c) solid inert waste. | Services relating to— (a) the operation of a municipal landfill facility occupied by a council servicing fewer than 5000 people; or (b) a landfill used only for the discharge or deposit of mining or extractive industry wastes in accordance with the Mineral Resources (Sustainable Development) Act 1990 that discharges or deposits waste solely to land; or (c) the care and maintenance of a closed landfill facility. |
| 2 | Hazardous waste services | Services relating to any of the following— (a) the management of reportable priority waste; (b) the management of the disposal of radioactive materials; (c) services relating to the disposal of dangerous goods. | Services relating to the temporary storage of— (a) 40 m3 or less of any biomedical waste not generated at the site by a council, a health service or an ambulance service; or (b) less than 10 m3 of double wrapped, non-friable asbestos not generated at the site for a period of no more than 60 days on land— (i) permitted under a planning scheme made under the Planning and Environment Act 1987 for use as a transfer station and which is allowed to accept asbestos; or (ii) used as a depot by a public utility or a contractor of the public utility that stores only asbestos generated by the public utility or a contractor of the public utility and that is 100 metres or more from sensitive land uses, including residential premises, health services, childcare centres and education centres; or (c) 1000 litres or less of designated waste not generated at the site if the storage is for a period of no more than 60 days. |
| 3 | Residual waste services | Services relating to residual waste arising from any of the following— (a) municipal activities; (b) commercial activities; (c) industrial activities; (d) public waste services. | |
| 4 | Thermal waste to energy services | Services relating to the operation of a thermal waste to energy facility. | |
| 5 | E-waste services | Services relating to the management or disposal of e-waste. | |
| 6 | Long-term waste containment services | Services relating to the long-term on-site retention of any waste type in a structure (other than a landfill) specifically designed to contain waste. | |
| 7 | Construction and demolition waste services | Services relating to wastes generated by construction and demolition activities. | Services related to skip bin services for private domestic construction and demolition works. |
| 8 | Metal recycling services | Services related to waste metals. | |
| 9 | Municipal resource recovery centre and transfer station services | Services provided by or on behalf of a council or Alpine Resort Management Board relating to the operation of a— (a) resource recovery centre; or (b) transfer station. | |
| 10 | Recycling services (commingled) | Services relating to any of the following— (a) recyclable materials (commingled) collected from— (i) municipal activities; or (ii) commercial activities; or (iii) industrial activities; or (iv) public waste services; (b) recycling from waste arising from municipal, commercial or industrial activities. | |
| 11 | Organics services | Services related to organic wastes, including any of the following— (a) municipal food organics and garden organics services; (b) commercial and industrial food organics and garden organics services; (c) municipal green waste services; (d) commercial and industrial green waste services; (e) services processing organic waste by aerobic or anaerobic biological conversion; (f) rendering, in which substances derived from animals are manufactured or extracted. | Services related to operations processing organic waste generated on-site where the processed organic waste is retained on-site. |
| 12 | Public waste services | Waste services provided by or on behalf of a government agency on public land, including any of the following— (a) waste services; (b) litter services; (c) waste-related maintenance of public assets including roadways (street sweeping and removal of roadkill); (d) collection, transportation and disposal of illegally dumped waste. | |
| 13 | Secure waste destruction services | Services providing secure destruction of waste, including any of the following— (a) documents; (b) records; (c) products; (d) e-waste; (e) hazardous waste; (f) other waste of a secure or confidential nature. | |
| 14 | Recycling services (glass) | Services relating to— (a) recyclable glass materials collected from any of the following— (i) municipal activities; (ii) commercial activities; (iii) industrial activities; (iv) public waste services; (v) the container deposit scheme; (b) the recycling of glass arising from municipal, commercial or industrial activities. | |
| 15 | Container deposit scheme services | Services relating to the operation of the container deposit scheme. |
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023, S.R. No. 134/2023 were made on 19 December 2023 by the Governor in Council under section 183 of the Circular Economy (Waste Reduction and Recycling) Act 2021, No. 55/2021 and came into operation on 20 December 2023: regulation 3.
The Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023 will sunset 10 years after the day of making on 19 December 2033 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency Plans and Other Matters) Regulations 2023 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
[1] Reg. 5(Sch. 1 item 1) def. of designated waste: S.R. No. 47/2021 as amended by S.R. Nos 82/2021, 92/2021, 123/2021, 131/2021, 132/2021, 85/2022, 86/2022, 120/2022 and 115/2023.
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Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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