Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 (Vic)

Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022

No. 36 of 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021

3Purposes

4Definitions

5Functions of the Head, Recycling Victoria

6Annual report

7New Division 3A of Part 2 inserted

8New Part 2A inserted

9Head, Recycling Victoria may collect, use, disclose or publish information

10Unauthorised disclosure of confidential information

11Entities to sort waste and recycling materials

12Preparation of service standards

13New Division 4 of Part 5 inserted

14New Part 5A inserted

15Courts orders

16Enforcement

17New Division 9A of Part 7 inserted

18Persons who may take proceedings

19Criminal liability of officers of bodies corporate—accessorial liability

20Which decisions are reviewable

21Minister may issue guidelines for administration, compliance and enforcement

22Section 199 repealed

23Section 208 repealed

24Schedule 1—Subject matter for Regulations

Part 3—Amendment of Environment Protection Act 2017

Division 1—General amendments

25Purposes

26Definitions

27Extraterritorial application of Act

28Background level of waste or substances

29New section 49A inserted

30Form and contents of applications

31New section 50A inserted

32New sections 51A and 51B inserted

33New section 52A inserted

34Permission conditions

35Transfer of licence or permit

36Amendment of licence or permit on application

37Surrender or revocation of permissions on application

38Exemptions for transporting reportable priority waste

39Application for licence exemptions

40Permit exemptions granted by the Authority

41Permit exemptions granted by a council

42Renewal of permits

43Applications by prohibited persons to engage in prescribed activity

44New section 90A inserted

45Litter enforcement officers

46Assessment by the Authority of waste levy liability

47Authority may authorise emergency storage, use etc. of waste

48New section 157A inserted

49Residential noise enforcement officers

50Submission of proposed better environment plans

51New section 181A inserted

52Authorised officers

53Prohibition notices

54Application to vary or revoke site management order

55New section 277A inserted

56Cost recovery powers

57New section 297A inserted

58Statement to be evidence of authority

59Persons who may take proceedings

60Chapter 13 repealed

61Fees and penalties to be paid into the Consolidated Fund

62Exceptions to requirement to pay fees and penalties into the Consolidated Fund

63New section 459AA inserted

64Exemptions

65New sections 459A and 459B inserted

66Regulations

67New section 465A inserted

68Simplified outline—Chapter 16

69Part 16.5 repealed

70New Part 16.10 inserted

71Amendment of Schedule 1

Division 2—Funding of Head, Recycling Victoria—waste levy

72Municipal and Industrial Waste Levy Trust Account

Division 3—Equivalent new permissions and related amendments

73Continuation of permissions

74New sections 471A and 471B inserted

Division 4—New Chapter 17 inserted

75New Chapter 17 inserted

Part 4—Amendment of other Acts

Division 1—Amendment of Sustainability Victoria Act 2005

76Definitions

77Functions

78New Parts 2A and 2B inserted

Division 2—Amendment of the Climate Change Act 2017

79Schedule 1—Acts and decisions or actions

Division 3—Amendment of Victorian Civil and Administrative Tribunal Act 1998

80Schedule 1—Variations from Parts 3 and 4 for various proceedings

Part 5—Repeal of this Act

81Repeal of this Act

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Endnotes

1      General information

Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022

No. 36 of 2022

[Assented to 6 September 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Circular Economy (Waste Reduction and Recycling) Act 2021—

(i)to introduce a single Victorian Recycling Infrastructure Plan; and

(ii)to establish a waste to energy scheme; and

(iii)to provide for powers relating to the circular economy market powers, including powers relating to risk, consequence and contingency planning for the circular economy; and

(iv)to further provide for matters relating to compliance and enforcement; and

(v)to make other miscellaneous, minor and technical amendments to that Act; and

(b)to amend the Environment Protection Act 2017—

(i)to enhance the operation and effectiveness of that Act; and

(ii)to make consequential amendments to that Act arising from the Circular Economy (Waste Reduction and Recycling) Act 2021; and

(c)to amend the Sustainability Victoria Act 2005 to enable Sustainability Victoria to share information for purposes relating to environmental sustainability, environment protection and the circular economy; and

(d)to amend the Climate Change Act 2017 to require persons making certain decisions under the Circular Economy (Waste Reduction and Recycling) Act 2021 to take climate change into consideration; and

(e)to amend the Victorian Civil and Administrative Tribunal Act 1998 to vary the operation of section 51 of that Act in relation to the review of decisions relating to the waste to energy scheme.

2Commencement

(1)This Part comes into operation on the day on which this Act receives the Royal Assent.

(2)The following provisions are taken to have come into operation on the commencement day, within the meaning of section 468 of the Environment Protection Act 2017—

(a)section 27;

(b)section 53;

(c)section 58;

(d)Division 3 of Part 3.

(3)The following provisions come into operation on the day after the day on which this Act receives the Royal Assent—

(a)sections 22 and 23;

(b)section 26(1);

(c)section 28;

(d)section 45;

(e)section 46;

(f)section 49;

(g)section 52;

(h)sections 56 and 57;

(i)section 59;

(j)section 62(3);

(k)section 64(3) and (4);

(l)section 66(1) and (2);

(m)section 67;

(n)section 71(3);

(o)Division 2 of Part 3.

(4)Subject to subsection (5), this Act, other than this Part and the provisions referred to in subsections (2) and (3), comes into operation on a day or days to be proclaimed.

(5)If a provision of this Act to which subsection (4) applies does not come into operation before 1 June 2023, it comes into operation on that day.

Part 2—Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021

3Purposes

In section 1 of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)after paragraph (b) insert—

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

(b)after paragraph (e) insert—

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

4Definitions

(1)In section 3(1) of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert the following definitions—

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

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;

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

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;

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

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

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

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

(2)In section 3(1) of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)for paragraph (a)(i) of the definition of material recovery facility substitute—

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

(b)in paragraph (a) of the definition of municipal food organics and garden organics service, for "organics; and" substitute "organics; or";

(c)in paragraph (a) of the definition of municipal recycling service, for "material; and" substitute "material; or";

(d)for the definition of recycling substitute—

"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;".

(3)In section 3(1) of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)the definition of diverted material is repealed;

(b)for the definition of reuse substitute—

"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;";

(c)paragraph (c) of the definition of waste is repealed;

(d)in paragraph (b) of the definition of waste minimisation omit "and diverted material".

5Functions of the Head, Recycling Victoria

(1)After section 16(a) of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert—

"(ab)to prepare a VRIP;

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

(2)After section 16(c) of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert—

"(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;".

6Annual report

In section 22(2) of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)in paragraph (e), for "strategy." substitute "strategy;";

(b)after paragraph (e) insert—

"(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.".

7New Division 3A of Part 2 inserted

After Division 3 of Part 2 of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert—

"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.".

8New Part 2A inserted

After Part 2 of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert—

"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.

Division 4—Amendments to VRIP

37QHead, Recycling Victoria to prepare amendments to VRIP

The Head, Recycling Victoria must prepare amendments to a VRIP approved under Division 2 or 3, being amendments that are discrete changes or updates, in accordance with this Division.

37RDraft amendments

(1)The Head, Recycling Victoria must prepare draft amendments to a VRIP if the Head, Recycling Victoria considers that it is necessary or otherwise appropriate to do so—

(a)to address issues in relation to waste, recycling and resource recovery infrastructure; or

(b)to improve implementation of the VRIP.

(2)In preparing draft amendments, 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.

37SConsultation on draft amendments

(1)The Head, Recycling Victoria must provide draft amendments 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.

37TRevised draft amendments

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

(2)The Head, Recycling Victoria must provide revised draft amendments 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 amendments.

(4)The Head, Recycling Victoria must prepare further revised draft amendments having regard to the specific comments received from the Environment Protection Authority.

(5)If the Environment Protection Authority comments that it considers a landfill site, proposed for inclusion in the VRIP's schedule of landfill sites as a 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 draft amendments.

(6)Subsections (2) to (5) do not apply to draft amendments that do not relate to—

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

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

37UApproval of amendments

(1)The Head, Recycling Victoria must submit draft amendments revised in accordance with section 37T to the Minister for approval.

(2)Draft amendments 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 draft amendments, the Minister must—

(a)approve the amendments; or

(b)approve the amendments with further revisions; or

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

(4)If the Minister returns amendments to the Head, Recycling Victoria under subsection (3)(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 in accordance with this section.

37VGazettal and publication of amendments

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

(2)Approved amendments take 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 approved amendments on a website maintained by the Department within 5 business days of notice of the approval being published in the Government Gazette.

37WWaiver of certain requirements in this Division

On the written request of the Head, Recycling Victoria, the Minister may waive the requirements set out in sections 37S and 37T if the Minister is satisfied that—

(a)the draft amendments only correct minor or technical errors, misdescriptions or miscalculations in the VRIP; or

(b)the draft amendments only remove—

(i)from the current list of infrastructure in the VRIP—infrastructure no longer considered to be needed; or

(ii)from the current schedule of landfill sites in the VRIP—sites no longer considered to be existing landfill sites or future landfill sites (as the case requires); or

(c)there are urgent or exceptional circumstances to support a waiver of those requirements.

Division 5—Review of VRIP

37XReview of VRIP

(1)The Head, Recycling Victoria, in accordance with any process prescribed by the regulations, must conduct a review of an approved VRIP in its entirety and prepare a new VRIP in accordance with Division 3 if—

(a)the Minister directs the Head, Recycling Victoria to do so; or

(b)the Head, Recycling Victoria considers that it is necessary to do so to address issues that relate to waste, recycling and resource recovery infrastructure; or

(c)in any event, a period of 3 years has passed since the approved VRIP took effect.

(2)In conducting a review of an approved VRIP, the Head, Recycling Victoria must have regard to—

(a)the annual VRIP progress reports prepared under section 37Y with respect to that VRIP; and

(b)any matters prescribed by the regulations.

(3)If the Minister gives a direction under subsection (1)(a), the Minister must specify the period within which the review must be conducted and a draft new VRIP prepared in accordance with Division 3.

(4)If the Head, Recycling Victoria is required to conduct a review and prepare a new VRIP under subsection (1)(b) or (c), the Head, Recycling Victoria must conduct the review and prepare a draft new VRIP in accordance with Division 3 within a period of 12 months.

Division 6—Miscellaneous

37YAnnual VRIP progress report

(1)The Head, Recycling Victoria must prepare an annual VRIP progress report on a VRIP every 12 months from the date on which the VRIP took effect.

(2)An annual VRIP progress report may include the following—

(a)key indicators and metrics that assess the VRIP's implementation;

(b)progress and achievements to date in the delivery of the VRIP's directions or actions to take in relation to waste, recycling and resource recovery infrastructure;

(c)any issues that have arisen in the VRIP's implementation;

(d)any matters that the Head, Recycling Victoria considers need further consideration or action, including by a review or amendments under this Part.

(3)The Head, Recycling Victoria must—

(a)provide a copy of an annual VRIP progress report to the Minister; and

(b)publish the report on a website maintained by the Department.

(4)In preparing an annual VRIP progress report, the Head, Recycling Victoria must comply with any requirements that are prescribed by the regulations.".

9Head, Recycling Victoria may collect, use, disclose or publish information

After section 50(2)(b) of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert—

"(ba)disclose information to Sustainability Victoria to enable Sustainability Victoria to perform its functions under section 7 of the Sustainability Victoria Act 2005 other than under paragraphs (a), (b), (e), (j) and (q) of that section of that Act; or".

10Unauthorised disclosure of confidential information

For section 55(2)(j)(vi) of the Circular Economy (Waste Reduction and Recycling) Act 2021 substitute—

"(vi)the Victorian Inspectorate;

(vii)the Ombudsman;

(viii)the Auditor-General;

(ix)a prescribed person or body;".

11Entities to sort waste and recycling materials

In section 61 of the Circular Economy (Waste Reduction and Recycling) Act 2021, after "prescribed class" insert ", or a prescribed person or a person of a prescribed class".

12Preparation of service standards

In section 62(4)(a) and (b) of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "persons or classes or person" substitute "persons or classes of person, or entities or classes of entity".

13New Division 4 of Part 5 inserted

After Division 3 of Part 5 of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert—

"Division 4—Risk, consequence and contingency plans

74ADefinition of responsible entity

In this Division—

responsible entity means an entity prescribed for the purposes of this Division.

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

(1)The Head, Recycling Victoria must prepare and submit to the Minister for approval a CERCC Plan on or before 31 December each year.

(2)The CERCC Plan must, in accordance with the regulations and any guidelines issued under section 74K—

(a)identify risks of serious failure, disruption or hindrance to the provision of waste, recycling or resource recovery services; and

(b)identify risks of a financial nature to Victoria's transition to a circular economy and to responsible entities or any class of responsible entity; and

(c)outline the consequences of the risks identified under paragraphs (a) and (b), including the severity of the harm that may result; and

(d)specify any suitable measures that the responsible entity is required to take to prevent or minimise the risks identified under paragraphs (a) and (b), including, but not limited to measures specified in contingency plans prepared by the Head, Recycling Victoria for the whole of Victoria and in the market report submitted under section 32C; and

(e)specify any action that any responsible entity proposes to take to prevent or minimise a risk identified under paragraph (a) or (b); and

(f)identify issues relating to performance or supply (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; and

(g)outline any consultation that the Head, Recycling Victoria has carried out for the purposes of preparing the CERCC Plan; and

(h)specify measures required to address any issues identified during the consultation described in paragraph (g); and

(i)include any prescribed matter.

(3)On receiving a proposed CERCC Plan for approval, the Minister must—

(a)approve the proposed CERCC Plan, subject to any amendments specified in the approval; or

(b)refuse to approve the proposed Plan; or

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

(4)Before approving or refusing to approve a proposed CERCC Plan, the Minister, in accordance with any guidelines issued under section 74K—

(a)must consult with any prescribed person or entity; and

(b)may consult with any responsible entities that the Minister considers appropriate.

(5)The Minister may at any time, on advice from the Head, Recycling Victoria, direct the Head, Recycling Victoria—

(a)to revoke a CERCC Plan; and

(b)to prepare and submit to the Minister for approval under this section a new CERCC Plan within a specified period.

(6)The Minister may at any time, on advice from the Head, Recycling Victoria, direct the Head, Recycling Victoria—

(a)to vary a CERCC Plan; and

(b)to prepare and submit to the Minister for approval under this section the varied CERCC Plan within a specified period.

74CNotification and publication

(1)The Minister must notify the Head, Recycling Victoria in writing as soon as reasonably practicable after the Minister approves or refuses to approve a proposed CERCC Plan under section 74B(3).

(2)Subject to subsection (3), if the Minister approves a CERCC Plan, the Minister must ensure that the CERCC Plan is published on a website maintained by the Department.

(3)The Minister may refuse to publish a CERCC Plan or any part of a CERCC Plan if the Minister, having regard to any advice from the Head, Recycling Victoria, considers that it is not in the public interest to do so.

74DResponsible entity must comply with CERCC Plan

(1)A responsible entity must not, without reasonable excuse, fail to comply with any requirement of the CERCC Plan that is in force.

Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

(2)Subsection (1) is a civil penalty provision.

(3)The responsible entity must not, without reasonable excuse, fail to notify the Head, Recycling Victoria as soon as reasonably practicable after becoming aware that the responsible entity is unable to comply with a requirement of the CERCC Plan.

Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

(4)Subsection (3) is a civil penalty provision.

74EReview of CERCC Plans

(1)The Minister may direct the Head, Recycling Victoria to prepare a written report on a CERCC Plan.

(2)A direction under subsection (1) must be in writing and specify a timeframe for completion of the report.

(3)A report prepared under this section may—

(a)consider the ongoing suitability of the CERCC Plan and the effectiveness of measures in the CERCC Plan to prevent or minimise any risks identified in the CERCC Plan; or

(b)review the compliance of a responsible entity or class of responsible entity with the CERCC Plan; or

(c)set out any actions the Head, Recycling Victoria has carried out or proposes to carry out in response to the report; or

(d)make any recommendations that the Head, Recycling Victoria considers appropriate.

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

(1)A responsible entity must prepare and submit to the Head, Recycling Victoria a RERCC Plan—

(a)on or before 30 September 2024; and

(b)on or before 30 September of each subsequent year.

(2)A RERCC Plan must, in accordance with the regulations and the guidelines—

(a)identify risks of serious failure, disruption or hinderance to the provision of essential waste, recycling or resource recovery services by the responsible entity; and

(b)specify the actions and contingency measures that the responsible entity is taking, or proposes to take, to prevent or minimise the risks identified under paragraph (a); and

(c)demonstrate that the RERCC Plan complies with, and is prepared having regard to, the CERCC Plan; and

(d)be accompanied by a statement of assurance prepared in accordance with section 74G; and

(e)include any prescribed matter.

74GStatement of assurance

(1)A responsible entity must submit a statement of assurance to the Head, Recycling Victoria—

(a)on or before 30 September 2024; and

(b)on or before 30 September of each subsequent year.

Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

(2)A statement of assurance under subsection (1) must—

(a)be prepared in accordance with the regulations and the guidelines; and

(b)contain an attestation in accordance with subsection (3) signed by an officer of the responsible entity who has control or substantial control over the management of the responsible entity.

(3)An attestation must state—

(a)that the RERCC Plan prepared under section 74F to which the attestation relates—

(i)is prepared in accordance with this Act and the regulations; and

(ii)is prepared having regard to, and complies with, the CERCC Plan; and

(iii)is prepared using accurate and up-to-date information; and

(iv)does not contain any information or statement that is false or misleading in a material particular; and

(b)whether the responsible entity has carried out each action or contingency measure that is specified in the RERCC Plan to be carried out before the submission of the statement of assurance; and

(c)if the responsible entity has not carried out an action or contingency measure described in paragraph (b), the reason for the failure to do so; and

(d)that the responsible entity will carry out each action and contingency measure that is specified in the RERCC Plan to be carried out after the submission of the statement of assurance.

(4)Subsection (1) is a civil penalty provision.

74HResponsible entity must comply with RERCC Plan

(1)A responsible entity must not, without reasonable excuse, fail to comply with a requirement of its RERCC Plan.

Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

(2)Subsection (1) is a civil penalty provision.

(3)The responsible entity must not, without reasonable excuse, fail to notify the Head, Recycling Victoria as soon as reasonably practicable after becoming aware that the responsible entity is unable to comply with a requirement of its RERCC Plan.

Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

(4)Subsection (3) is a civil penalty provision.

74IReview of RERCC Plans

(1)The Minister may direct the Head, Recycling Victoria to prepare a written report on—

(a)the RERCC Plan of a specified responsible entity; or

(b)the RERCC Plans of a specified class of responsible entity.

(2)A direction under subsection (1) must be in writing and specify a timeframe for completion of the report.

(3)A report prepared under this section may—

(a)review the compliance of a responsible entity with its RERCC Plan; and

(b)set out any actions the Head, Recycling Victoria has carried out or proposes to carry out in response to the report; and

(c)make any recommendations that the Head, Recycling Victoria considers appropriate.

(4)The Head, Recycling Victoria may, after preparing a report under this section, require a responsible entity or a specified class of responsible entity—

(a)to make specified amendments to a RERCC Plan; or

(b)to withdraw a RERCC Plan and prepare a new RERCC Plan in accordance with section 74F.

(5)For the purposes of section 74H(1), a requirement under subsection (4) is taken to be a requirement of the responsible entity's RERCC Plan.

74JInformation gathering

(1)Without limiting section 117, the Head, Recycling Victoria may require a responsible entity to provide the Head, Recycling Victoria with any information or document specified in subsection (2) for the purposes of determining whether—

(a)the responsible entity is complying with its RERCC Plan; or

(b)its RERCC Plan is or remains suitable to prevent or minimise risks of serious failure, disruption or hinderance to the provision of essential waste, recycling or resource recovery services.

(2)For the purposes of subsection (1), the following information and documents are specified—

(a)any draft or final version of a RERCC Plan prepared by the responsible entity;

(b)any information or document the Head, Recycling Victoria reasonably considers necessary for the determination, including but not limited to—

(i)information or documents relating to the statement of assurance accompanying the RERCC Plan under section 74G; and

(ii)any document used by the responsible entity to prepare the RERCC Plan or statement of assurance; and

(iii)any document prepared during the preparation, development or implementation of the RERCC Plan.

74KGuidelines in relation to risk, consequence and contingency planning

(1)The Head, Recycling Victoria may issue guidelines in respect of risk, consequence and contingency planning by responsible entities, including but not limited to—

(a)the contents of and compliance with the CERCC Plan; or

(b)the methodology for developing the CERCC Plan, including any consultation requirements; or

(c)the contents of and compliance with a RERCC Plan; or

(d)the methodology for developing a RERCC Plan, including any consultation requirements; or

(e)the implementation of, and interaction between, the CERCC Plan and RERCC Plans; or

(f)reporting requirements, whether internal or external, for responsible entities; or

(g)contingency measures for the prevention or minimisation of risks within the circular economy market; or

(h)reporting requirements within and by responsible entities; or

(i)matters that RERCC Plans must contain; or

(j)the format of RERCC Plans.

(2)Guidelines issued under this section must be published on a website maintained by the Department.".

14New Part 5A inserted

After Part 5 of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert—

"Part 5A—Waste to energy scheme

Division 1—Preliminary

74LDefinitions

In this Part—

advanced recycling process means a prescribed advanced recycling process;

allocated cap amount, in relation to a cap licence, means the amount of permitted waste specified in the licence under section 74T(5)(a), as amended under section 74ZB or 74ZC;

approved applicant means a person that the Head, Recycling Victoria has determined under section 74R(4) or (5) may apply for a cap licence for a proposed thermal waste to energy facility or an existing facility (as appropriate);

banned waste means—

(a)waste other than permitted waste or exempt waste; and

(b)eligible containers;

biological waste to energy process means a process that uses microbial action to recover energy from waste;

cap licence means a licence issued under section 74T;

cap limit means the prescribed maximum aggregate amount (expressed in tonnes per financial year) of permitted waste that is specified in cap licences issued by the Head, Recycling Victoria as permitted waste that may be processed in thermal waste to energy facilities using thermal waste to energy processes (including cap licences suspended under section 74ZD or 74ZE);

exempt waste means waste prescribed to be exempt waste;

existing facility means a facility or proposed facility in relation to which each licence or permit (however described) required under the Environment Protection Act 2017 or the Planning and Environment Act 1987 for permitted waste to be processed using a thermal waste to energy process at the facility—

(a)is in force; and

(b)was in force immediately before 1 November 2021 (whether or not any permitted waste had been processed using a thermal waste to energy process at the facility before that day);

existing operator means a person who operates an existing facility;

existing operator licence means a licence issued under section 74Y;

municipal garden organics service means a service provided by or on behalf of a council or Alpine Resort Management Board—

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

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

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

permitted waste—see section 74N;

thermal waste to energy facility means a facility that processes waste using a thermal waste to energy process;

thermal waste to energy process—see section 74M;

waste to energy licence means—

(a)a cap licence; or

(b)an existing operator licence.

74MThermal waste to energy processes

(1)Subject to this section, a thermal waste to energy process means—

(a)a thermal process used—

(i)to recover energy from waste in the form of heat (which may be converted to steam or electricity); or

(ii)to produce fuel from waste; or

(b)a thermal waste to energy process prescribed by the regulations.

(2)A thermal waste to energy process does not include—

(a)an advanced recycling process; or

(b)a biological waste to energy process; or

(c)landfill gas collection and combustion; or

(d)the incineration of waste without energy recovery; or

(e)a process that recovers energy from a material other than waste; or

(f)a process prescribed not to be a thermal waste to energy process.

74NPermitted waste

(1)Subject to this section, permitted waste means—

(a)waste that cannot reasonably be the subject of any further recycling; or

(b)waste prescribed to be permitted waste—

but does not include exempt waste or any waste prescribed not to be permitted waste.

(2)Municipal residual waste is permitted waste if—

(a)in the case of municipal residual waste collected by a municipal residual waste service—the following services are both also provided to land in the council's or Alpine Resort Management Board's municipal district that is used primarily for residential services—

(i)in the case of municipal residual waste other than municipal recycling material—

(A)before the date prescribed for the purposes of section 60(1)(d) and (2)(d)—a municipal garden organics service; and

(B)on and after that date—a municipal food organics and garden organics service;

(ii)in the case of municipal recycling materials—

(A)before the date prescribed for the purposes of section 60(1)(c) and (2)(c)—a municipal recycling service; and

(B)on and after that date—a municipal recycling service (other than for glass) and a municipal recycling service for glass; or

(b)in the case of any other municipal residual waste—the waste is collected in accordance with this Act or the regulations; or

(c)the waste is prescribed to be permitted waste.

(3)Industrial waste is permitted waste if—

(a)the industrial waste is sorted and separated in accordance with any prescribed requirement that applies to the entity sorting and separating the waste; or

(b)if no prescribed requirement described in paragraph (a) applies, the operator of a waste to energy facility shows, in accordance with the regulations, that it is not technically, environmentally or economically practicable to further reuse or recycle, or to extract further resources or material, from the waste; or

(c)the waste is prescribed to be permitted 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

(1)A person operating a thermal waste to energy facility must not process permitted waste at that facility using a thermal waste to energy process except as authorised by a waste to energy licence.

Penalty:In the case of a natural person, 1000 penalty units;

In the case of a body corporate, 5000 penalty units.

(2)Subsection (1) is a civil penalty provision.

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

(1)The holder of a waste to energy licence must not, without reasonable excuse, fail to comply with any condition of that licence.

Penalty:In the case of a natural person, 500 penalty units;

In the case of a body corporate, 2500 penalty units.

(2)Subsection (1) is a civil penalty provision.

(3)A person to whom a waste to energy licence is issued must not, without reasonable excuse, fail to notify the Head, Recycling Victoria as soon as practicable after the person becomes aware that—

(a)the person is unable to comply with any condition of the licence; or

(b)the person is likely to fail to comply with any condition of the licence.

Penalty:In the case of a natural person, 500 penalty units;

In the case of a body corporate, 1800 penalty units.

(4)Subsection (3) is a civil penalty provision.

74QOperation of thermal waste to energy facility using banned waste

(1)The operator of a thermal waste to energy facility must not process banned waste at that facility using a thermal waste to energy process.

Penalty:In the case of a natural person, 1000 penalty units;

In the case of a body corporate, 5000 penalty units.

(2)Subsection (1) is a civil penalty provision.

Division 3—Cap licences

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

(1)The Head, Recycling Victoria may, in accordance with the regulations, invite expressions of interest to apply for a cap licence from—

(a)persons proposing to operate a thermal waste to energy facility for that facility; and

(b)existing operators proposing to increase the amount of permitted waste that is processed at an existing facility under an existing operator licence.

(2)If the Head, Recycling Victoria is satisfied that the aggregate amount of permitted waste that is specified in cap licences is less than the cap limit, the Head, Recycling Victoria may, in accordance with the regulations, invite expressions of interest from—

(a)persons proposing to operate a thermal waste to energy facility to apply for a cap licence for that facility; and

(b)existing operators proposing to increase the amount of permitted waste that is processed at an existing facility to apply for a cap licence for that existing facility; and

(c)from holders of cap licences to apply under section 74ZB for an increase in the allocated cap amount specified in the cap licence.

(3)An invitation under subsection (1) or (2) must—

(a)specify the information that must be contained in an expression of interest; and

(b)specify a date by which an expression of interest must be made (the specified date); and

(c)contain any prescribed information.

(4)Subject to subsection (7), the Head, Recycling Victoria, on receiving an expression of interest under subsection (1) must determine either that—

(a)the person who has submitted the expression of interest may apply for a cap licence for that proposed thermal waste to energy facility or existing facility under section 74S; or

(b)the person must not apply for a cap licence.

(5)Subject to subsection (7), the Head, Recycling Victoria, on receiving an expression of interest under subsection (2)(a) or (b) must determine either that—

(a)the person who has submitted the expression of interest may apply for a cap licence under section 74S; or

(b)the person must not apply for a cap licence.

(6)Subject to subsection (7), the Head, Recycling Victoria, on receiving an expression of interest under subsection (2)(c) must determine either that—

(a)the person who has submitted the expression of interest may apply for an increase in the allocated cap amount specified in the cap licence under section 74ZB; or

(b)the person must not apply for an increase in the allocated cap amount specified in the cap licence.

(7)The Head, Recycling Victoria may determine that a person may apply for a cap licence or an increase in the allocated cap amount specified in a cap licence if the person's expression of interest is submitted after the specified date if the Head, Recycling Victoria considers it reasonable in the circumstances.

(8)When making a determination under subsection (4), (5) or (6), the Head, Recycling Victoria—

(a)must take into account any prescribed matter; and

(b)may take into account any other matter that the Head, Recycling Victoria considers appropriate; and

(c)may request further information in accordance with the regulations.

(9)The Head, Recycling Victoria must notify each person who has submitted an expression of interest of the Head, Recycling Victoria's decision under subsection (4), (5) or (6) within 14 days after making that decision.

(10)A notification under subsection (9) must—

(a)contain any prescribed information; and

(b)specify the information that the proposed application must contain; and

(c)specify the date by which the proposed application must be made.

74SApplications for cap licences

(1)Subject to subsection (2), a person may apply to the Head, Recycling Victoria for a cap licence if the person is an approved applicant in relation to the proposed thermal waste to energy facility or an existing facility (as appropriate).

(2)A person must not apply under subsection (1) during any period for which the person is disqualified under section 74ZH from applying for a waste to energy licence.

(3)An application under subsection (1) must—

(a)contain the information specified in the notification under section 74R(9); and

(b)be made in the prescribed form and manner; and

(c)be made by the date specified in that notification; and

(d)be accompanied by any prescribed fee.

74TIssue of cap licences

(1)Subject to section 74U, the Head, Recycling Victoria, on receiving an application that complies with section 74S(3), must either—

(a)subject to subsection (3), issue the cap licence, subject to any terms and conditions that the Head, Recycling Victoria considers appropriate; or

(b)refuse to issue the cap licence.

(2)When determining whether to issue a cap licence under subsection (1), the Head, Recycling Victoria—

(a)must take into account any prescribed matter; and

(b)may take into account any other matter that the Head, Recycling Victoria considers appropriate; and

(c)may request further information in accordance with the regulations.

(3)The Head, Recycling Victoria must not impose a term or condition on a cap licence that is inconsistent with a condition specified in section 74V(b) or (c). 

(4)The Head, Recycling Victoria must not issue a cap licence to a person unless the Head, Recycling Victoria is satisfied that the person is a fit and proper person to operate a thermal waste to energy facility.

(5)A cap licence issued under subsection (1) must—

(a)specify the maximum amount (expressed in tonnes per annum) of permitted waste that may be processed at the proposed thermal waste to energy facility or existing facility each financial year; and

(b)specify the period during which the facility may operate, including the day on which the facility must cease to operate; and

(c)contain any prescribed matter.

(6)A cap licence remains in force until the earliest of the following—

(a)the day on which the cap licence is revoked under section 74ZF or 74ZG; or

(b)the day specified in the cap licence as the day on which the thermal waste to energy facility must cease to operate; or

(c)the day on which the thermal waste to energy facility ceases to operate.

74UCap limit

The Head, Recycling Victoria must not issue a cap licence if the issue of that licence would have the effect of specifying an aggregate amount of permitted waste in cap licences issued by the Head, Recycling Victoria (including cap licences suspended under section 74ZD or 74ZE) that exceeds the cap limit.

74VConditions on cap licences

A cap licence is subject to—

(a)any condition or limitation specified in the licence by the Head, Recycling Victoria under section 74T(1)(a); and

(b)the condition that the facility must be fully operational by the day specified in the licence; and

(c)any prescribed condition or limitation.

Division 4—Existing operator licences

74WDefinitions

In this Division—

commencement day means the day on which section 14 of the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 comes into operation;

existing waste processing authority, in relation to an existing operator, means any licence or permit (however described) issued or granted under the Environment Protection Act 2017 or the Planning and Environment Act 1987 that, immediately before 1 November 2021, authorised the existing operator to process permitted waste using a thermal waste to energy process at an existing facility.

74XExisting operator may apply for existing operator licence

(1)Subject to subsection (2), an existing operator may apply to the Head, Recycling Victoria for an existing operator licence in relation to an existing facility within 6 months after the commencement day.

(2)An existing operator must not apply under subsection (1) during any period for which the existing operator is disqualified under section 74ZH from applying for a waste to energy licence.

(3)An application under subsection (1) must—

(a)specify and provide proof of the amount of permitted waste that the existing operator is authorised to process under any existing waste processing authorities in force immediately before the day on which the application is made; and

(b)be made in the prescribed form and manner; and

(c)contain any prescribed information; and

(d)be accompanied by any prescribed fee.

74YIssue of existing operator licences

(1)The Head, Recycling Victoria, on receiving an application that complies with section 74X(2), must either—

(a)subject to subsection (4), issue the existing operator licence subject to any terms and conditions that the Head, Recycling Victoria considers appropriate; or

(b)refuse to issue the existing operator licence.

(2)Before determining whether to issue or refuse to issue an existing operator licence, the Head, Recycling Victoria must be satisfied that the processing of permitted waste using a thermal waste to energy process at the facility to which the application relates—

(a)was authorised by an existing waste processing authority immediately before 1 November 2021 (whether or not any permitted waste had been processed using a thermal waste to energy process at the facility before that day); and

(b)is authorised by an existing waste process authority immediately before the day on which the application is made.

(3)When determining whether to issue or refuse to issue an existing operator licence, the Head, Recycling Victoria—

(a)must take into account any prescribed matter; and

(b)may take into account any other matter that the Head, Recycling Victoria considers appropriate; and

(c)may request further information in accordance with the regulations.

(4)The Head, Recycling Victoria must not impose a term or condition on an existing operator licence that is inconsistent with a condition specified in section 74Z(b) or (c). 

(5)The Head, Recycling Victoria must not issue an existing operator licence to a person unless the Head, Recycling Victoria is satisfied that the person is a fit and proper person to operate a thermal waste to energy facility.

(6)An existing operator licence issued under subsection (2)(a) must—

(a)specify the maximum amount (expressed in tonnes per annum) of permitted waste that may be processed using a thermal waste to energy process at the existing facility each financial year; and

(b)specify the day on which the existing operator licence ceases to be in force, including the day on which the existing facility must cease to operate; and

(c)set out any condition to which the licence is subject under section 74Z(b); and

(d)contain any prescribed matter.

(7)When determining the amount described in subsection (6)(a), the Head, Recycling Victoria must take into account any prescribed factor.

(8)An existing operator licence remains in force until the earliest of the following—

(a)the day specified in the licence under subsection (6)(b);

(b)the day on which the licence is revoked under section 74ZF or 74ZG;

(c)the day on which the existing facility ceases to operate.

74ZConditions on existing operator licences

An existing operator licence is subject to—

(a)any condition or limitation specified in the licence by the Head, Recycling Victoria under section 74Y(1)(a); and

(b)the condition that the existing facility must be fully operational by the day specified in the licence; and

(c)any prescribed condition or limitation.

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

Nothing in this Part prevents the operator of a thermal waste to energy facility from holding a cap licence and an existing operator licence in relation to the facility at the same time.

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

74ZBAmendment of waste to energy licences

(1)Subject to subsection (2), the Head, Recycling Victoria, by written notice, may amend a waste to energy licence—

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

(b)on the application of the holder of the licence.

(2)An application under subsection (1)(b) must—

(a)be made in the prescribed form or manner; and

(b)must contain the prescribed information; and

(c)be accompanied by any prescribed fee.

(3)The Head, Recycling Victoria must not, under subsection (1)—

(a)in the case of a cap licence, amend the allocated cap amount specified in the cap licence unless—

(i)the Head, Recycling Victoria has determined that the holder of the cap licence may apply for an increase in the allocated cap amount specified in that licence under section 74R(6); and

(ii)the increase would not have the effect of specifying an aggregate amount of permitted waste in cap licences issued by the Head, Recycling Victoria (including cap licences suspended under section 74ZD or 74ZE) that exceeds the cap limit; or

(b)in the case of an existing operator licence, increase the maximum amount of permitted waste that may be processed at an existing waste to energy facility under the existing operator licence each financial year; or

(c)amend any condition of the licence so that it is inconsistent with a condition to which the licence is subject under section 74V(c) or 74Z(c).

(4)On receiving an application under subsection (1)(b), the Head, Recycling Victoria must either—

(a)amend the waste to energy licence subject to any conditions the Head, Recycling Victoria considers appropriate, specified in the amendment; or

(b)refuse to amend the licence.

(5)When determining whether to amend a waste to energy licence under subsection (1), the Head, Recycling Victoria—

(a)must consider the particulars of the thermal waste to energy facility to which the licence relates; and

(b)must consider any prescribed criteria; and

(c)may request further information in accordance with the regulations.

(6)Before determining whether to amend a waste to energy licence under subsection (1)(a), the Head, Recycling Victoria must—

(a)notify the holder of the waste to energy licence of the proposed amendment in accordance with the regulations; and

(b)consider any response made by the holder of the licence.

(7)A notice under subsection (1) must—

(a)in the case of an amendment of the allocated cap amount specified in a cap licence, specify the amended maximum amount (expressed in tonnes per annum) of permitted waste that may be processed at the thermal waste to energy facility under the waste to energy licence each financial year; and

(b)contain any prescribed matter.

(8)An amendment under subsection (1) takes effect—

(a)on the day on which notice of the amendment is given under subsection (1); or

(b)if a later day is specified in the notice, that day.

74ZCHead, Recycling Victoria may decrease allocated cap amount

(1)The Head, Recycling Victoria, by written notice, may decrease the allocated cap amount specified in a cap licence—

(a)if the Head, Recycling Victoria is satisfied that the holder of the cap licence has demonstrated a pattern of processing an amount of permitted waste under the licence that is significantly less than the allocated cap amount specified in that licence; or

(b)on the application of the holder of the licence.

(2)Before determining to decrease an allocated cap amount specified in a cap licence under subsection (1)(a), the Head, Recycling Victoria must—

(a)notify the holder of the licence of the proposed decrease in accordance with the regulations; and

(b)consider any response made by the holder of the licence.

(3)An application under subsection (1)(b) must—

(a)contain any prescribed information; and

(b)be made in the prescribed form and manner; and

(c)be accompanied by any prescribed fee.

(4)The Head, Recycling Victoria, on receiving an application that complies with subsection (3), must either—

(a)decrease the allocated cap amount specified in the cap licence; or

(b)refuse to decrease the allocated cap amount specified in the licence.

(5)When determining whether to decrease or refuse to decrease an allocated cap amount under subsection (4), the Head, Recycling Victoria—

(a)must take into account any prescribed matter; and

(b)may take into account any other matter that the Head, Recycling Victoria considers appropriate; and

(c)may request further information in accordance with the regulations.

(6)A notice under subsection (1) must—

(a)specify the amended maximum amount (expressed in tonnes per annum) of permitted waste that may be processed at the thermal waste to energy facility under the cap licence each financial year; and

(b)contain any prescribed matter.

(7)A decrease under subsection (1) takes effect—

(a)on the day on which notice of the amendment is given under subsection (1); or

(b)if a later day is specified in the notice, that day.

74ZDSuspension of waste to energy licences

(1)The Head, Recycling Victoria may suspend a waste to energy licence for not more than 12 months if the Head, Recycling Victoria is satisfied—

(a)that the holder of the licence has failed to comply with a condition of the licence; or

(b)that the holder of the licence is convicted or found guilty of an offence against this Act or the regulations; or

(c)that the holder of the licence is no longer a fit and proper person to operate a thermal waste to energy facility; or

(d)that the holder of the licence has given materially incorrect or misleading information to the Head, Recycling Victoria or that the licence was obtained because of materially incorrect or misleading information; or

(e)that the holder of the licence has breached an enforceable undertaking; or

(f)in the case of a cap licence, that the holder of the licence has demonstrated a pattern of processing an amount of permitted waste under the licence that is significantly less than the allocated cap amount specified in the licence; or

(g)that the holder of the licence has failed to comply with an order made by a court or tribunal in any proceeding commenced under this Act or the regulations or the corresponding provisions of the law of another State or a Territory; or

(h)of any prescribed matter.

(2)Before determining whether to suspend a waste to energy licence under subsection (1), the Head, Recycling Victoria must—

(a)notify the holder of the waste to energy licence of the proposed suspension in accordance with the regulations; and

(b)consider any response made by the holder of the licence in accordance with that notice.

(3)A notice under subsection (2)(a) must—

(a)state that the Head, Recycling Victoria proposes to suspend the waste to energy licence under this section; and

(b)state the grounds for the proposed suspension; and

(c)outline the facts and circumstances forming the basis for the grounds; and

(d)invite the holder of the licence to submit written submissions to the Head, Recycling Victoria on the proposed suspension within 28 days after receiving the notice or any longer period specified in the notice.

(4)The Head, Recycling Victoria must, as soon as practicable after determining to suspend a waste to energy licence under subsection (1), give the holder of the licence written notice stating—

(a)that the Head, Recycling Victoria has suspended the waste to energy licence; and

(b)the grounds for the suspension; and

(c)the date on which the suspension takes effect; and

(d)that the holder of the licence may apply to VCAT for review of the decision.

(5)The Head, Recycling Victoria may revoke a suspension under subsection (1) at any time.

74ZEImmediate suspension

(1)The Head, Recycling Victoria may suspend a waste to energy licence with immediate effect, for a period of not more than 12 months, if the Head, Recycling Victoria is satisfied that it is necessary to immediately suspend the licence, having regard to—

(a)any matter set out in section 74ZD(1); or

(b)any prescribed matter; or

(c)the purposes of this Act.

(2)If the Head, Recycling Victoria suspends a waste to energy licence under subsection (1), the Head, Recycling Victoria must, as soon as practicable after suspending the licence—

"(5)The Authority may require an applicant to provide the Authority with any information relating to the application that the Authority considers necessary.

(6)The time in which the Authority must deal with the application under this section does not include—

(a)if the Authority requires information under subsection (5), the period from the date that the Authority makes the request until the date on which the Authority receives the information; or

(b)any period that the Authority and the applicant agree is not to be included in that time.".

44New section 90A inserted

After section 90 of the Environment Protection Act 2017 insert—

"90A   Notice and payment of additional application fee

(1)The Authority may require an applicant for an authorisation under section 90 to pay a fee for the application—

(a)at a time after the application is made and in addition to the fee payable at the time the application is made; and

(b)that is payable in the prescribed circumstances (if any).

(2)A fee payable under subsection (1) must be calculated as prescribed.

(3)The Authority must give an applicant who is required to pay a fee under subsection (1) written notice specifying the fee no later than 10 business days after determining the application.

(4)An applicant to whom a notice of a fee is given under subsection (3) must pay the fee specified in the notice within 20 business days after issue of the notice.".

45Litter enforcement officers

In section 114(2) of the Environment Protection Act 2017, for "a member" substitute "each member".

46Assessment by the Authority of waste levy liability

For section 151(7)(a) of the Environment Protection Act 2017 substitute—

"(a)if section 148(3) applies, the Authority must pay the amount to the liable person within the time required by section 148; or".

47Authority may authorise emergency storage, use etc. of waste

(1)In section 157(4)(b) of the Environment Protection Act 2017, after "the prescribed fee (if any)" insert "for the application".

(2)At the end of section 157(4)(b) of the Environment Protection Act 2017 insert—

"Note

An additional fee may be payable under section 157A.".

48New section 157A inserted

After section 157 of the Environment Protection Act 2017 insert—

"157A   Notice and payment of additional application fee

(1)The Authority may require an applicant for an authorisation under section 157 to pay a fee for the application—

(a)at a time after the application is made and in addition to the fee payable at the time the application is made; and

(b)that is payable in the prescribed circumstances (if any).

(2)A fee payable under subsection (1) must be calculated as prescribed.

(3)The Authority must give an applicant who is required to pay a fee under subsection (1) written notice specifying the fee no later than 10 business days after determining the application.

(4)An applicant to whom a notice of a fee is given under subsection (3) must pay the fee specified in the notice within 20 business days after issue of the notice.".

49Residential noise enforcement officers

For section 171(1) of the Environment Protection Act 2017 substitute—

"(1)A council may appoint as a residential noise enforcement officer—

(a)a person who is an employee, or each member of a class of employee, of the council; or

(b)a specified person or each member of a specified class of persons.".

50Submission of proposed better environment plans

(1)In section 181(3)(c) of the Environment Protection Act 2017, for "any prescribed fee" substitute "the prescribed fee (if any) for the submission".

(2)At the end of section 181(3)(c) of the Environment Protection Act 2017 insert—

"Note

An additional fee may be payable under section 181A.".

51New section 181A inserted

After section 181 of the Environment Protection Act 2017 insert—

"181A   Notice and payment of additional submission fee

(1)The Authority may require a person making a submission under section 181 to pay a fee for the submission—

(a)at a time after the submission is made and in addition to the fee payable at the time the submission is made; and

(b)that is payable in the prescribed circumstances (if any).

(2)A fee payable under subsection (1) must be calculated as prescribed.

(3)The Authority must give a person who is required to pay a fee under subsection (1) written notice specifying the fee no later than 10 business days after determining the submission.

(4)A person to whom a notice of a fee is given under subsection (3) must pay the fee specified in the notice within 20 business days after issue of the notice.".

52Authorised officers

(1)For section 242(1) of the Environment Protection Act 2017 substitute—

"(1)The Authority may appoint as an authorised officer, for the purposes specified in the instrument of appointment—

(a)a person who is an officer or employee, or each member of a class of officer or employee, of—

(i)the Authority; or

(ii)a public sector body; or

(iii)a council; or

(iv)the Environment Protection Authority established under the Protection of the Environment Administration Act 1991 of New South Wales; or

(v)the Environment Protection Authority established under the Environment Protection Act 1993 of South Australia; or

(b)a specified person or each member of a specified class of persons.".

(2)After section 242(2) of the Environment Protection Act 2017 insert—

"(2A)In addition to subsection (2), a council to which the Authority has delegated a power or function under section 437(1) may by instrument appoint a specified person or each member of a specified class of persons as an authorised officer for the purposes of the power or function delegated to the council.

(2B)If so requested by the Authority, a public sector body or council who has appointed an authorised officer under subsection (2) or (2A), must prepare and give to the Authority a written report that contains—

(a)details of the exercise of the powers or functions by the authorised person; and

(b)any other information or matter required by the Authority.".

(3)In section 242(3) of the Environment Protection Act 2017, for "subsection (1) or (2)" substitute "subsection (1), (2) or (2A)".

53Prohibition notices

In section 272(1)(a)(ii) of the Environment Protection Act 2017, after "permission" insert "issued or".

54Application to vary or revoke site management order

(1)In section 277(2) of the Environment Protection Act 2017, for "the prescribed fee" substitute "the prescribed fee (if any) for the application".

(2)At the end of section 277(2) of the Environment Protection Act 2017 insert—

"Note

An additional fee may be payable under section 277A.".

55New section 277A inserted

After section 277 of the Environment Protection Act 2017 insert—

"277A   Notice and payment of additional application fee

(1)The Authority may require a person making an application under section 277 to pay a fee for the application—

(a)at a time after the application is made and in addition to the fee payable at the time the application is made; and

(b)that is payable in the prescribed circumstances (if any).

(2)A fee payable under subsection (1) must be calculated as prescribed.

(3)The Authority must give a person who is required to pay a fee under subsection (1) written notice specifying the fee no later than 10 business days after determining the application.

(4)A person to whom a notice of a fee is given under subsection (3) must pay the fee specified in the notice within 20 business days after issue of the notice.".

56Cost recovery powers

After section 297(4) of the Environment Protection Act 2017 insert—

"(5)This section applies despite anything to the contrary in Chapter 5 of the Corporations Act.".

57New section 297A inserted

After section 297 of the Environment Protection Act 2017 insert—

"297A   Displacement of other laws

The provisions of section 297 are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of that Act.

Note

Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.".

58Statement to be evidence of authority

In section 341(e) of the Environment Protection Act 2017, after "not," insert "issued or".

59Persons who may take proceedings

(1)In section 347(2) of the Environment Protection Act 2017, for "and (6)" substitute ", (6) and (7)".

(2)In section 347(3) of the Environment Protection Act 2017 omit "municipal" (where twice occurring).

(3)After section 347(6) of the Environment Protection Act 2017 insert—

"(7)If a council or public sector body has been delegated powers or functions in relation to any offences against section 25, 27, 286, 287 or 288, the council or public sector body may appoint a person who is an employee or an officer of the council or public sector body (as the case may be) to take proceedings for those offences.

(8)A council or public sector body who makes an appointment under subsection (7) may impose any conditions on the appointment that the council or public sector body considers necessary.".

60Chapter 13 repealed

Chapter 13 of the Environment Protection Act 2017 is repealed.

61Fees and penalties to be paid into the Consolidated Fund

In section 438(2) of the Environment Protection Act 2017, after "a body" insert "(other than a council)".

62Exceptions to requirement to pay fees and penalties into the Consolidated Fund

(1)For section 439(1) of the Environment Protection Act 2017 substitute—

"(1)Any fee paid under this Act to a council is not required to be paid into the Consolidated Fund and may be retained by the council.".

(2)In section 439(2) of the Environment Protection Act 2017, for "under section 167(1), 172(6) or 175(4) or Chapter 4" substitute "under this Act (other than Part 6.3) or the regulations".

(3)After section 439(2) of the Environment Protection Act 2017 insert—

"(3)   Any civil penalty for a contravention of a civil penalty provision under this Act (other than Part 6.3) or the regulations payable in respect of a proceeding taken by a council as a delegate of the Authority, is not required to be paid into the Consolidated Fund and must be paid to the council once the penalty has been recovered.

(4)A fee specified in subsection (5) charged by an approved motor vehicle tester is not required to be paid into the Consolidated Fund and may be retained by that approved motor vehicle tester.

(5)For the purposes of subsection (4), the following fees are specified—

(a)a fee for inspecting, measuring or testing a motor vehicle to determine compliance with the regulations in relation to emissions from motor vehicles;

(b)a fee for issuing a certificate of compliance with the regulations in relation to emissions from motor vehicles.".

63New section 459AA inserted

After the heading to Part 14.7 of the Environment Protection Act 2017 insert—

"459AA   Notice and payment of additional application fee

(1)The Authority may require an applicant for an exemption under section 459 to pay a fee for the application—

(a)at a time after the application is made and in addition to the fee payable at the time the application is made; and

(b)that is payable in the prescribed circumstances (if any).

(2)A fee payable under subsection (1) must be calculated as prescribed.

(3)The Authority must give an applicant who is required to pay a fee under subsection (1) written notice specifying the fee no later than 10 business days after determining the application.

(4)An applicant to whom a notice of a fee is given under subsection (3) must pay the fee specified in the notice within 20 business days after issue of the notice.".

64Exemptions

(1)For section 459(3) of the Environment Protection Act 2017 substitute—

"(3)An application for an exemption must—

(a)be made in the form approved by the Authority; and

(b)be accompanied by the prescribed fee (if any) for the application.

Note

An additional fee may be payable under section 459AA.".

(2)Section 459(6) of the Environment Protection Act 2017 is repealed.

(3)After section 459(8) of the Environment Protection Act 2017 insert—

"(8A)An exemption to a class of persons may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person or body—

(a)as in force at a particular time; or

(b)as amended, formulated, issued, prescribed or published from time to time.".

(4)After section 459(9)(b) of the Environment Protection Act 2017 insert—

"(ba)details of any matter contained in any document, code, standard, rule, specification or method that is applied, adopted or incorporated by the exemption;".

65New sections 459A and 459B inserted

After section 459 of the Environment Protection Act 2017 insert—

"459A   Timing for dealing with applications for exemptions

(1)Subject to subsection (2), the Authority must determine an application for an exemption under section 459 within 15 business days of receiving the application.

(2)The time in which the Authority must deal with the application for an exemption under section 459 does not include—

(a)if the Authority requires information under section 459B, the period from the date that the Authority makes the request until the date on which the Authority receives the information; or

(b)any period that the Authority and the applicant agree is not to be included in that time.

459BAuthority may require additional information

The Authority may require an applicant for an exemption under section 459 to provide the Authority with any information relating to the application that the Authority considers necessary.".

66Regulations

(1)After section 465(2)(c)(i) of the Environment Protection Act 2017 insert—

"(ia)fees for an act or service (including fees referred to in section 439(5)) provided by an approved motor vehicle tester under this Act or the regulations; and

(ib)variable fees for determining an application or accepting a submission under this Act or the regulations; and".

(2)After section 465(2)(c) of the Environment Protection Act 2017 insert—

"(ca)prescribing the method for calculating fees payable under this Act or the regulations for decisions in respect of applications, submissions or other matters, whether payable at the time the application, submission or other matter is made or at a later time; or".

(3)In section 465(3)(c) of the Environment Protection Act 2017, after "dispensed with" insert "declared or designated".

67New section 465A inserted

After section 465 of the Environment Protection Act 2017 insert—

"465A   Incorporation powers for certain documents

(1)A relevant document may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person or body—

(a)as in force at a particular time; or

(b)as amended, formulated, issued, prescribed or published from time to time.

(2)In subsection (1)—

relevant document means—

(a)any document made or issued by the Authority under the Environment Protection Regulations 2021 that is—

(i)a designation setting out the waste classification for waste or relating to mixing, blending or diluting waste; or

(ii)a determination or declaration regarding receiving or using waste; or

(b)any equivalent to a document to which paragraph (a) applies made under a re-making of those Regulations to which section 30 of the Interpretation of Legislation Act 1984 applies; or

(c)a determination of the background level in relation to waste, a chemical substance or a prescribed substance, referred to in section 36(a)(ii), made by the Authority in accordance with the regulations; or

(d)a notice published by the Authority under section 48.".

68Simplified outline—Chapter 16

Section 467(5) of the Environment Protection Act 2017 is repealed.

69Part 16.5 repealed

Part 16.5 of the Environment Protection Act 2017 is repealed.

70New Part 16.10 inserted

After Part 16.9 of the Environment Protection Act 2017 insert—

"Part 16.10—Transitional provisions—Victorian Waste and Resource Recovery Infrastructure Planning Framework

503Saving of the Victorian Waste and Resource Recovery Infrastructure Planning Framework

Despite the repeal of Chapter 13 by section 60 of the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022, until the date on which the approved inaugural Victorian Recycling Infrastructure Plan takes effect in accordance with section 37I of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)the State-Wide Waste and Resource Recovery Infrastructure Plan in force immediately before the repeal of Chapter 13 remains in force as if that Chapter had not been repealed and may be amended or varied in accordance with that Chapter as in force immediately before its repeal; and

(b)a Regional Waste and Resource Recovery Implementation Plan in force immediately before the repeal of Chapter 13 remains in force as if that Chapter had not been repealed and may be amended or varied in accordance with that Chapter as in force immediately before its repeal; and

(c)any guidelines made under section 427 before the repeal of Chapter 13, being guidelines that applied to the Plans referred to in paragraphs (a) and (b) immediately before the repeal of that Chapter, continue in force in relation to those Plans as if that Chapter had not been repealed; and

(d)sections 424 and 426 as in force immediately before the repeal of Chapter 13 continue to apply as if that Chapter had not been repealed.".

71Amendment of Schedule 1

(1)Item 3 of Schedule 1 to the Environment Protection Act 2017 is repealed.

(2)After item 6.6 of Schedule 1 to the Environment Protection Act 2017 insert—

"6.6ARegulating what constitutes the background level of waste, a chemical substance or a prescribed substance in relation to land or prescribing methods for determining that.".

(3)After item 12.1 of Schedule 1 to the Environment Protection Act 2017 insert—

"12.2Prescribing noise that is not to be unreasonable noise.".

Division 2—Funding of Head, Recycling Victoria—waste levy

72Municipal and Industrial Waste Levy Trust Account

(1)In section 448(3) of the Environment Protection Act 2017 omit "bodies".

(2)Before section 448(3)(d) of the Environment Protection Act 2017 insert—

"(ca)the Head, Recycling Victoria;".

(3)In section 448(5)(a) of the Environment Protection Act 2017, for "bodies" substitute "person or bodies".

Division 3—Equivalent new permissions and related amendments

73Continuation of permissions

After section 471(3) of the Environment Protection Act 2017 insert—

"(4)Subsection (2) applies as if—

(a)the new permission the person is taken to hold is the new permission referred to in Column 3 of the Table at the foot of section 470 opposite the equivalent old permission; and

(b)the new permission had been issued or granted (as the case requires) under the relevant provision of this Act.".

74New sections 471A and 471B inserted

After section 471 of the Environment Protection Act 2017 insert—

"471A   New permissions issued or granted by council or Authority

On and from the commencement day, a new permission is taken to have been issued or granted—

(a)in the case of a permit that is the equivalent of a permit issued under section 53M of the old Act, by the council that issued the permit under section 53M; or

(b)in any other case, by the Authority.

471BNew permissions equivalent to old permissions issued under section 20 of old Act

(1)On and from the commencement day, a new permission that is the equivalent of an old permission listed in Column 2, item 3 of the Table at the foot of section 470, that is taken to be a prescribed new permission, continues in perpetuity until it is revoked.

(2)On and from the commencement day, a new permission that is the equivalent of an old permission listed in Column 2, item 3 of the Table at the foot of section 470, that is taken to be a prescribed new permission, is taken to have been issued on the day that the old permission was issued under the old Act.".

Division 4—New Chapter 17 inserted

75New Chapter 17 inserted

After Chapter 16 of the Environment Protection Act 2017 insert—

"Chapter 17—Further transitional provisions

Part 17.1—Transitional provisions—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022

503Definitions

In this Part—

extant relevant permission application means a relevant permission application, within the meaning of section 49A, that is on foot but not determined immediately before the commencement of section 31;

2022 Act means the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022.

504Application fees

(1)On and from the commencement of section 31 of the 2022 Act—

(a)section 50A applies to an extant relevant permission application, if a prescribed fee accompanying the application has not been paid; and

(b)this Act applies to an extant relevant permission application, if a prescribed fee accompanying the application has been paid, as if section 50A had not been enacted.

(2)On and from the commencement of section 44 of the 2022 Act—

(a)section 90A applies to an application for an authorisation under section 90 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has not been paid; and

(b)this Act applies to an application for an authorisation under section 90 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has been paid, as if section 90A had not been enacted.

(3)On and from the commencement of section 48 of the 2022 Act—

(a)section 157A applies to an application for an authorisation under section 157 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has not been paid; and

(b)this Act applies to an application for an authorisation under section 157 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has been paid, as if section 157A had not been enacted.

(4)On and from the commencement of section 51 of the 2022 Act—

(a)section 181A applies to a submission under section 181 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the submission has not been paid; and

(b)this Act applies to a submission under section 181 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the submission has been paid, as if section 181A had not been enacted.

(5)On and from the commencement of section 55 of the 2022 Act—

(a)section 277A applies to an application under section 277 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has not been paid; and

(b)this Act applies to an application under section 277 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has been paid, as if section 277A had not been enacted.

(6)On and from the commencement of section 63 of the 2022 Act—

(a)section 459AA applies to an application for an exemption under section 459 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has not been paid; and

(b)this Act applies to an application for an exemption under section 459 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has been paid, as if section 459AA had not been enacted.

505Time for determining applications, request for additional information

(1)On and from the commencement of section 32 of the 2022 Act, sections 51A and 51B apply to any relevant permission application that is on foot but not determined immediately before that commencement.

(2)On and from the commencement of section 65 of the 2022 Act, sections 459A and 459B apply to an application for an exemption under section 459 that is on foot but not determined immediately before that commencement.".

Part 4—Amendment of other Acts

Division 1—Amendment of Sustainability Victoria Act 2005

76Definitions

In section 3 of the Sustainability Victoria Act 2005—

(a)insert the following definitions—

"Alpine Resort Management Board has the same meaning as Board has in section 3 of the Alpine Resorts (Management) Act 1997;

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

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;

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

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

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

government agency means—

(a)the Environment Protection Authority; or

(b)a council; or

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

(d)an Alpine Resort Management Board; or

(e)the Head, Recycling 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 has the same meaning as in the Circular Economy (Waste Reduction and Recycling) Act 2021;

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

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;

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

waste, recycling or resource recovery service has the same meaning as in Circular Economy (Waste Reduction and Recycling) Act 2021.";

(b)in the definition of waste, for "2017." substitute "2017;".

77Functions

Section 7(oa) of the Sustainability Victoria Act 2005 is repealed.

78New Parts 2A and 2B inserted

After Part 2 of the Sustainability Victoria Act 2005 insert—

"Part 2A—Information sharing

19ASustainability Victoria may collect, use or disclose information

(1)Subject to anything to the contrary in this Act or any other Act, Sustainability Victoria may collect, use or disclose any information if the collection, use or disclosure is necessary for Sustainability Victoria—

(a)to perform the functions or duties of Sustainability Victoria under this Act, the Circular Economy (Waste Reduction and Recycling) Act 2021, the Environment Protection Act 2017 or any other Act; or

(b)to exercise the powers of Sustainability Victoria under this Act or any other Act.

(2)Without limiting subsection (1), Sustainability Victoria may collect and use information from, or disclose information to, a person or entity specified in subsection (3)—

(a)for prescribed purposes; or

(b)to perform its functions specified in section 7 other than those in paragraphs (a), (b), (e), (j) and (q) of that section.

(3)For the purposes of subsection (2), the following persons and entities are specified—

(a)a government agency;

(b)a prescribed person or a prescribed class of person;

(c)a prescribed entity or prescribed class of entity.

19BInformation sharing notice

(1)Sustainability Victoria, by written notice, may request a relevant entity to provide to Sustainability Victoria the information specified in the notice at the intervals or periods specified in the notice—

(a)for a purpose prescribed under section 19A(2)(a); or

(b)for the purposes of performing its functions under section 7 (other than those in paragraphs (a), (b), (e), (j) and (q) of that section).

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

(a)contain any prescribed information; and

(b)be in the prescribed form (if any); and

(c)specify the intervals or periods within which the prescribed information is to be provided.

(3)In this section—

relevant entity means—

(a)a government agency; or

(b)a prescribed person or prescribed class of person; or

(c)a prescribed entity or prescribed class of entity.

19CUnauthorised disclosure of confidential information

(1)A person must not disclose any confidential information or commercially-sensitive information obtained by the person during the exercise of a power or performance of a function or duty under, or in connection with, this Act or the regulations except in accordance with this Part.

Penalty:120 penalty units.

(2)Subsection (1) does not apply to the following disclosures of confidential information or commercially-sensitive information—

(a)a disclosure made in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or any other Act or the regulations;

(b)a disclosure made with the consent of the person to whom the information relates;

(c)a disclosure made to a court or tribunal in the course of legal proceedings;

(d)a disclosure made pursuant to an order of a court or tribunal;

(e)a disclosure of information that is in the public domain at the time of the disclosure other than as the result of a disclosure prohibited under this Act or any other Act;

(f)a disclosure made to an Australian legal practitioner for the purposes of obtaining legal advice or representation;

(g)a disclosure to the IBAC made as required or authorised by or under this Act or the Independent Broad-based Anti-corruption Commission Act 2011;

(h)a disclosure made such that the information is aggregated with other information and de‑identified so as to conceal its source;

(i)a disclosure to any of the following agencies to enable the agency to prevent, detect, investigate or prosecute an offence—

(i)the Head, Recycling Victoria;

(ii)the Environment Protection Authority;

(iii)Victoria Police;

(iv)the Australian Federal Police;

(v)the Victorian WorkCover Authority;

(vi)the IBAC;

(vii)the Victorian Inspectorate;

(viii)the Ombudsman;

(ix)the Auditor-General;

(x)a prescribed person or body;

(j)a disclosure made to prevent or minimise a serious risk of—

(i)failure of, or disruption to, waste, recycling or resource recovery services; or

(ii)harm to human health or the environment;

(k)a disclosure of information to a government agency if the disclosure—

(i)is necessary for research or the compiling or analysis of statistics; and

(ii)does not include personal information; and

(iii)is in the public interest;

(l)a disclosure that may be made under another Act.

Part 2B—Regulations

19DRegulations

(1)The Governor in Council may make regulations for or with respect to anything required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)The regulations may—

(a)be of general or limited application;

(b)differ according to differences in time, place or circumstances;

(c)confer a discretionary authority or impose a duty on a specified person or a specified class of person;

(d)may leave any matter or thing to be from time to time approved, determined, applied, dispensed with or regulated by a specified person or class of person;

(e)may provide in a specified case or class of case for the exemption of persons, entities or things or a class of person, entity or thing from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to the extent specified;

(f)may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(i)wholly or partially or as amended by the regulations;

(ii)as formulated, issued, prescribed (whether under this Act or any other Act) or published at the time the regulations are made or at any time before then;

(iii)as formulated, issued, prescribed (whether under this Act or any other Act) or published from time to time.".

Division 2—Amendment of the Climate Change Act 2017

79Schedule 1—Acts and decisions or actions

In Schedule 1 to the Climate Change Act 2017, after "A decision of the Head, Recycling Victoria relating to the approval of suitable eligible containers" insert "A decision of the Head, Recycling Victoria made under Part 5A.".

Division 3—Amendment of Victorian Civil and Administrative Tribunal Act 1998

80Schedule 1—Variations from Parts 3 and 4 for various proceedings

After Part 3 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert—

"Part 3A—Circular Economy (Waste Reduction and Recycling) Act 2021

6AAPowers of Tribunal on review of decisions relating to waste to energy scheme

Section 51(2)(b) and (c) do not apply in a proceeding for review of a decision or determination under Part 5A of the Circular Economy (Waste Reduction and Recycling) Act 2021.".

Part 5—Repeal of this Act

81Repeal of this Act

This Act is repealed on 7 June 2024.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

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

Minister's second reading speech—

Legislative Assembly: 8 June 2022

Legislative Council: 18 August 2022

The long title for the Bill for this Act was "A Bill for an Act to amend the Circular Economy (Waste Reduction and Recycling) Act 2021, the Environment Protection Act 2017, the Sustainability Victoria Act 2005, the Climate Change Act 2017 and the Victorian Civil and Administrative Tribunal Act 1998 and for other purposes."