Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Amendment Regulations 2024 (Vic)
Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Amendment Regulations 2024
S.R. No. 138/2024
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Principal Regulations
4Heading to Part 2 amended
5New regulation 5A inserted
6Existing operator may apply for existing operator licence
7New Part 3A inserted
8Amendment of waste to energy licences
9Transfer of waste to energy licences
10Extension of submission period
11New regulation 19 inserted
12New Schedule 1 inserted
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Endnotes
STATUTORY RULES 2024
S.R. No. 138/2024
Circular Economy (Waste Reduction and Recycling) Act 2021
Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Amendment Regulations 2024
The Governor in Council makes the following Regulations:
Dated: 17 December 2024
Responsible Minister:
STEVE DIMOPOULOS
Minister for EnvironmentSAMUAL WALLACE
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023—
(a)to prescribe further matters in relation to the waste to energy scheme under Part 5A of the Circular Economy (Waste Reduction and Recycling) Act 2021; and
(b)to make minor and technical amendments to those Regulations.
2Authorising provision
These Regulations are made under section 183 of the Circular Economy (Waste Reduction and Recycling) Act 2021.
3Principal Regulations
In these Regulations, the Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023[1] are called the Principal Regulations.
4Heading to Part 2 amended
In the heading to Part 2 of the Principal Regulations, after "Advanced recycling process," insert "cap limit,".
5New regulation 5A inserted
After regulation 5 of the Principal Regulations insert—
"5A Cap limit
For the purposes of the definition of cap limit in section 74L of the Act, the prescribed maximum aggregate amount is 2 million tonnes per financial year.".
6Existing operator may apply for existing operator licence
In regulation 9(2)(n) of the Principal Regulations, for "declaration in writing" substitute "statement".
7New Part 3A inserted
After Part 3 of the Principal Regulations insert—
"PART 3A—CAP LICENCES
10AHead, Recycling Victoria may invite expressions of interest for cap licences or increase of allocated cap amount
(1)For the purposes of section 74R(8)(a) of the Act, the following are prescribed matters—
(a)information provided in the expression of interest to apply for a cap licence or an increase in the allocated cap amount specified in a cap licence;
(b)the source, composition, material type and weight of permitted waste and exempt waste (in metric tonnes) proposed to be processed over the projected lifetime of the facility;
(c)the technology that the applicant proposes to use at the facility, including the ability of that technology—
(i)to process the type and amount of waste that is proposed to be processed at the facility; and
(ii)to accept different feedstock to that proposed by the applicant;
(d)any advice or information provided to the Head, Recycling Victoria by the Authority that outlines any environmental or compliance risks posed by the facility;
(e)if the applicant holds an existing operator licence or a cap licence for the facility—
(i)information contained in that existing operator licence or cap licence (as the case requires); and
(ii)any permit or licence issued under the Act, the Environment Protection Act 2017 or the Planning and Environment Act 1987 with respect to the facility, including any existing waste processing authority and any modifications or variations to that authority; and
(iii)any conditions the applicant is subject to in accordance with a permission in relation to the facility;
(f)details of any application for any other permit or licence under the Act, the Environment Protection Act 2017 or the Planning and Environment Act 1987 with respect to the facility and, if the application was determined, the details of the determination;
(g)any planned, completed or ongoing engagement with—
(i)the local community; and
(ii)any relevant traditional owners.
(2)For the purposes of section 74R(8)(c) of the Act, the Head, Recycling Victoria, by written notice, may request any further information in relation to the information contained in an expression of interest if the Head, Recycling Victoria considers that the information is necessary to enable the Head, Recycling Victoria to determine whether the person may or must not apply for a cap licence or may or must not apply for an increase in the allocated cap amount specified in a cap licence.
(3)A notice under subregulation (2) must specify—
(a)the information required to be provided; and
(b)the date by which the information must be provided to the Head, Recycling Victoria.
(4)The prescribed fee for submitting an expression of interest under section 74R of the Act is 780 fee units.
(5)For the purposes of section 74R(10)(a) of the Act, the prescribed information is, if the Head, Recycling Victoria has determined that the person must not apply for a cap licence or for an increase in the allocated cap amount specified in a cap licence, the reasons for the Head, Recycling Victoria's decision.
10BApplications for cap licences
(1)For the purposes of section 74S(3)(b) of the Act, an application under section 74S(1) of the Act must be in writing.
(2)For the purposes of section 74S(3)(d) of the Act, the prescribed fee is—
(a)for an application that indicates that the facility will thermally process at least 80 000 tonnes of permitted waste each financial year, 2095 fee units; or
(b)for an application that indicates that the facility will thermally process less than 80 000 tonnes of permitted waste each financial year, 1045 fee units.
10CIssue of cap licences
(1)For the purposes of section 74T(2)(a) of the Act, the prescribed matters are the following—
(a)information provided in the applicant's expression of interest to apply for a cap licence or an increase in the allocated cap amount specified in a cap licence;
(b)information provided in the application for a cap licence;
(c)if the application relates to a critical waste infrastructure project specified in Column 2 of the table in Schedule 1, the desirability of that project meeting the corresponding critical need specified in Column 3 of the table in Schedule 1 through the operation of waste to energy facilities related to that project;
(d)the extent to which the facility would contribute to an efficient waste infrastructure system, including by reason of the facility's proximity to—
(i)sources of suitable feedstock; and
(ii)offtake destinations for energy and other output products;
(e)the commercial viability of the facility, having regard to the following—
(i)any commercial milestones achieved in relation to the facility;
(ii)any remaining commercial milestones in relation to the facility and when the applicant expects to achieve them;
(iii)details of any feedstock agreements the applicant has obtained;
(iv)details of any feedstock agreements the applicant is seeking and when the applicant expects to obtain them;
(v)details of any energy or by‑product offtake agreements the applicant has obtained;
(vi)details of any energy or by‑product offtake agreements the applicant is seeking and when the applicant expects to obtain them;
(vii)any other matter relevant to the commercial viability of the facility;
(f)any information provided to the Head, Recycling Victoria regarding whether the applicant has obtained environmental, planning, safety and other permits or licences associated with operating or developing the facility;
(g)any economic benefits associated with the facility, including employment opportunities created by the construction and operation of the facility;
(h)the energy outputs and offtakes of the facility and how the outputs and offtakes contribute to efficient energy fuels or products.
(2)For the purposes of section 74T(2)(c) of the Act, the Head, Recycling Victoria, by written notice, may request any further information in relation to the matters specified in subregulation (1) if the Head, Recycling Victoria considers that the information is necessary to enable the Head, Recycling Victoria to determine whether to issue or refuse to issue a cap licence.
(3)A notice under subregulation (2) must specify—
(a)the information required to be provided; and
(b)the date by which the information must be provided to the Head, Recycling Victoria.".
8Amendment of waste to energy licences
In regulation 11(2)(f) of the Principal Regulations, for "declaration in writing" substitute "statement".
9Transfer of waste to energy licences
In regulation 17(1)(m) of the Principal Regulations, for "declaration in writing" substitute "statement".
10Extension of submission period
In regulation 18(1)(c) of the Principal Regulations, for "declaration in writing" substitute "statement".
11New regulation 19 inserted
After regulation 18 of the Principal Regulations insert—
"19 Head, Recycling Victoria may decrease allocated cap amount
(1)For the purposes of section 74ZC(2)(a) of the Act, the Head, Recycling Victoria must notify the holder of the licence of the proposed decrease in writing.
(2)For the purposes of section 74ZC(3)(a) of the Act, the prescribed information to be contained in an application under section 74ZC(1)(b) of the Act is—
(a)the applicant's name, address and photographic proof of identity; and
Examples
Examples of photographic proof of identity include a valid driver's licence or passport.
(b)if the applicant is not a natural person—
(i)any Australian Company Number or Australian Business Number; and
(ii)the address of the business, company or entity; and
(iii)the name and number of any directors, chief executive officer, chief financial officer, secretary or other officer who has control or substantial control over the management of the business, company or entity; and
(c)a statement setting out the proposed decrease to the allocated cap amount specified in the cap licence and why it is being sought; and
(d)a statement signed by the applicant confirming that the information contained in the application is, to the best of the applicant's knowledge, true and correct.
(3)For the purposes of section 74ZC(3)(b) of the Act, an application under section 74ZC(1)(b) of the Act must be in writing.
(4)For the purposes of section 74ZC(5)(a) of the Act, the prescribed matters are—
(a)information provided in the application to decrease the allocated cap amount; and
(b)whether the applicant has made a previous application to decrease the allocated cap amount and, if the application was determined, the details of the determination and decrease made, if any.
(5)For the purposes of section 74ZC(5)(c) of the Act, the Head, Recycling Victoria, by written notice, may request any further information in relation to the matters specified in subregulation (2) if the Head, Recycling Victoria considers that the information is necessary to enable the Head, Recycling Victoria to determine whether to decrease the allocated cap amount specified in the cap licence.
(6)A notice under subregulation (5) must specify—
(a)the information required to be provided; and
(b)the date by which the information must be provided to the Head, Recycling Victoria.".
12New Schedule 1 inserted
After Part 4 of the Principal Regulations insert—
'Schedule 1—Critical waste infrastructure projects
Regulation 10C(1)(c)
| Column 1 | Column 2 | Column 3 |
| Item | Critical waste infrastructure project | Critical need |
| 1 | The project procured by South East Metropolitan Advanced Waste Processing Pty Ltd ACN 654 660 438 that is known by the name "South East Metropolitan Advanced Waste Processing project" or by any subsequent name | Additional processing of waste due to closure of the Hampton Park Landfill |
'.
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ENDNOTES
[1] Reg. 3: S.R. No. 33/2023.
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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 2024 is $16.33. 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.
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