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CIRCULAR ECONOMY (WASTE REDUCTION AND RECYCLING) ACT 2021 (NO. 55 OF
2021)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
Division 1--Purposes and commencement
1. Purposes
2. Commencement
Division 2--Interpretation
3. Definitions
4. What is a waste, recycling or resource recovery service?
5. Objective
6. Principles of waste reduction, recycling and resource recovery
7. Effect of this Division
8. Circular economy hierarchy
9. Principle of equity
10. Principle of shared responsibility
11. Integrated decision-making
12. Principles of transparency and accountability
13. Risk management, proportionality and the precautionary principle
Division 3--Application
14. Application to the Crown
PART 2--HEAD, RECYCLING VICTORIA
Division 1--Administration
15. Head, Recycling Victoria
16. Functions of the Head, Recycling Victoria
17. Powers of the Head, Recycling Victoria
18. Head, Recycling Victoria subject to general direction of the Minister
19. Staff
20. Delegation by the Head, Recycling Victoria
21. Strategic plan
22. Annual report
Division 2--Exemptions by Head, Recycling Victoria
23. Power of the Head, Recycling Victoria to exempt
24. Application for exemption
25. Amendment or revocation of exemption
26. Application for amendment of exemption
27. Notice of exemption given to class of person
28. Person to whom exemption applies must notify Head, Recycling Victoria if unable to comply with any condition
29. Person to whom exemption applies must comply with any condition
Division 3--Inquiries by Head, Recycling Victoria
30. Inquiries by Head, Recycling Victoria
31. Conduct of an inquiry
32. Final report of Head, Recycling Victoria following inquiry
Division 4--Declared regions
33. Head, Recycling Victoria may declare regions
34. Procedure for declaring regions
35. When declaration takes effect
Division 5--Engagement
36. Charter of Engagement
Division 6--Advisory committees
37. Advisory committees
PART 3--DATA COLLECTION
Division 1--Reporting requirements of regular reporting entities and occasional reporting entities
38. Regular reporting entity must give certain information to Head, Recycling Victoria
39. Direction to provide additional information—regular reporting entity
40. Collection and retention of information by occasional reporting entity
41. Direction to give information—occasional reporting entity
42. Direction to provide additional information—occasional reporting entity
43. Guidelines in relation to form and manner of information
Division 2--Exemption from reporting requirements
44. General exemption from reporting requirements
45. Exemption for individual reporting entity from reporting requirements
46. Renewal of exemption for individual reporting entity
47. Amendment or revocation of exemption on initiative of Head, Recycling Victoria
48. Application for amendment of exemption
49. Reporting entity to whom exemption applies must notify Head, Recycling Victoria if unable to comply with any condition
Division 3--Information sharing and reporting
50. Head, Recycling Victoria may collect, use, disclose or publish information
51. Centralised data and information system
52. Publication of information and reports
53. Preparation of reports by Head, Recycling Victoria
54. Minister may direct Head, Recycling Victoria to prepare a report
55. Unauthorised disclosure of confidential information
PART 4--PROCUREMENT
56. Procurement agreements between the Head, Recycling Victoria and councils and Alpine Resort Management Boards
57. Head, Recycling Victoria may provide councils or Alpine Resort Management Boards with procurement advice and support
58. Procurement guidelines
59. Matters the Head, Recycling Victoria must take into account
PART 5--WASTE AND RECYCLING SERVICES
Division 1--Mandatory service provision by councils
60. Councils and Alpine Resort Management Boards to provide municipal residual waste and municipal recycling services
Division 2--Mandatory sorting by entities
61. Entities to sort waste and recycling materials
Division 3--Service standards
62. Preparation of service standards
63. Making of service standards
64. Review of service standards
65. Notice of proposal to make, amend or revoke service standards
66. Minister must consider advice
67. Minister may make, amend or revoke a service standard
68. Minister may request review of service standards
69. Offence to refuse or fail to comply with applicable service standards
70. Agreements must incorporate relevant service standards
71. Offence to refuse or fail to incorporate relevant service standards
72. Head, Recycling Victoria may issue notice requiring information
73. Offence to fail to comply with notice
74. Duty of providers of essential waste, recycling or resource recovery services to minimise risk of failure, disruption or hinderance of service
PART 6--CONTAINER DEPOSIT SCHEME
Division 1--Preliminary
75. Definitions
Division 2--Administration of container deposit scheme
76. Functions of the Head, Recycling Victoria—container deposit scheme
77. Powers of the Head, Recycling Victoria
78. Delegation
Division 3--Scheme Coordinator
79. Functions of Scheme Coordinator
80. Scheme Coordinator agreement
81. Content of Scheme Coordinator agreement
82. Appointment of Scheme Coordinator
83. Ministerial directions to Scheme Coordinator
84. Head, Recycling Victoria may give directions to Scheme Coordinator
85. Directions to Scheme Coordinator must be published
86. Scheme Coordinator must comply with direction
87. Annual assessment report
Division 4--Network operators
88. Functions of network operators
89. Network operator agreements
90. Content of network operator agreements
91. Appointment of network operators
92. Ministerial directions to network operators
93. Head, Recycling Victoria may give directions to network operators
94. Directions to network operators must be published
95. Network operator must comply with direction
96. Network arrangement payments
97. Payments to collection point operators
Division 5--First suppliers
98. Determination of first supplier
Division 6--Approval of suitable eligible containers
99. Application for approval as suitable eligible container
100. Offence to dispose of suitable eligible containers at landfill site
101. Landfill disposal exemptions
102. Person must notify the Head, Recycling Victoria if unable to comply with exemption
Division 8--Container deposit scheme protocols
103. Material recovery facilities protocol
104. Local government refund sharing protocol
Division 9--Refund markings
105. Offence not to have refund markings on suitable eligible containers
Division 10--Enforcement and offences
106. Offence to refuse delivery of or refund for container
107. Delivery to an automated collection point
108. Refund declarations and proof of identity
109. Offence to claim refund for containers not subject to container deposit scheme
110. Offence to supply beverage without supply arrangement with Scheme Coordinator and container approval
111. Enforcement of Scheme Coordinator agreements and network operator agreements
Division 11--Miscellaneous
112. Guidelines
113. Competition and Consumer Act and Competition Code
PART 7--ENFORCEMENT
Division 1--General offences
114. Offence to fail to keep records and information
115. Offence to give false or misleading information
116. Offence to conceal information
Division 2--Information gathering notices
117. Head, Recycling Victoria may serve information gathering notice
118. Form of information gathering notice
119. Extension of time under information gathering notice
120. Court orders
Division 3--Show cause notices
121. Show cause notices
122. Representations about show cause notice
123. Ending show cause process without further action
124. Further action after show cause process
Division 4--Improvement notices
125. Improvement notice
126. Offence to fail to comply with improvement notice
Division 5--Prohibition notices
127. Prohibition notice
128. Offence to fail to comply with prohibition notice
Division 6--Court orders
129. Court orders
Division 7--Enforceable undertakings
130. Head, Recycling Victoria may accept enforceable undertaking
131. Enforcement
132. No criminal proceedings while enforceable undertaking in effect
133. Proceedings following withdrawal of enforceable undertaking
134. No further proceedings if enforceable undertaking is complied with
135. Contempt of court
Division 8--Adverse publicity orders
136. Adverse publicity order
Division 9--Civil penalties
137. Civil penalties
138. Civil penalty order
139. Proceeding for civil penalty order after criminal proceeding
140. Criminal proceeding during proceeding for civil penalty order
141. Criminal proceeding after proceeding for civil penalty order
142. Evidence admitted during proceeding for civil penalty order
143. Conduct contravening more than one civil penalty provision
144. Multiple contraventions of civil penalty provisions
145. Multiple proceedings for civil penalty order to be heard together
146. Jurisdictional limit of Magistrates' Court does not apply to civil penalty order
147. Recovery of pecuniary penalty
Division 10--Infringement notices
148. Power to issue infringement notice
Division 11--Authorised officers
149. Appointment by Head, Recycling Victoria of authorised officers
150. Identification of authorised officers
151. Directions in respect of authorised officers
152. Authorised officer may request name and address
153. Authorised officer may give directions
154. Other authorised officers may assist
155. Offence to obstruct authorised officer
156. Offence to assault or threaten authorised officer
157. Offence to impersonate
Division 12--Powers of entry and inspection
158. Authorised officer may enter and inspect any place or premises
159. Announcement on entry
160. Persons assisting authorised officer
161. Powers on entry
162. Authorised officer may require production of documents
163. Authorised officer may require information or answers
164. Report to be given about entry and inspection of place or premises
Division 13--Search warrants
165. Authorised officer may apply for search warrant
166. Issue of warrant
167. What may a search warrant authorise?
168. Announcement before entry with warrant
169. Copy of warrant to be given to occupier
Division 14--Return and forfeiture of seized things
170. Return of seized things
171. Forfeiture of seized things
Division 15--Audits
172. Appointment of auditors
173. Functions of an auditor
Division 16--Miscellaneous
174. Persons who may take proceedings
175. Written statement of authorised officers to be evidence
176. Conduct of employee, agent or officer taken to be conduct of body corporate
177. Criminal liability of officers of bodies corporate—accessorial liability
PART 8--GENERAL
Division 1--VCAT review
178. Which decisions are reviewable
179. Reviews by VCAT
Division 2--Supplementary provisions
180. Power of Minister to delegate
181. Minister may issue guidelines for administration, compliance and enforcement
182. Review of operation of Act
183. Regulations
PART 9--SAVINGS AND TRANSITIONAL PROVISIONS
184. Definitions
185. Application of Interpretation of Legislation Act 1984
186. Abolition of WRR Groups
187. Transfer of executive officers and Chief Executive Officer of WRR Group
188. Transfer of WRR Group staff
189. Superseded references
190. Declared regions
191. Regulations dealing with transitional matters
PART 10--REPEALS AND AMENDMENTS
Division 1--Environment Protection Act 2017 repeals
192. Simplified outline—Chapter 13
193. Repeal of Part 13.2
Division 2--Amendments
194. Contributions
195. Functions of Boards
196. Schedule 1—Acts and decisions or actions
197. Definitions
198. Objectives of the Victorian Waste and Resource Recovery Infrastructure Planning Framework
199. Preparation of draft Regional Waste and Resource Recovery Implementation Plans
200. Objective of Regional Waste and Resource Recovery Implementation Plans
201. Content of Regional Waste and Resource Recovery Implementation Plans
202. Consultation on Regional Waste and Resource Recovery Implementation Plans
203. Integration in preparation of Regional Waste and Resource Recovery Implementation Plans
204. Minister's approval of Regional Waste and Resource Recovery Implementation Plans
205. Publication of Regional Waste and Resource Recovery Implementation Plans
206. Amendment of Regional Waste and Resource Recovery Implementation Plans
207. Consistency with Regional Waste and Resource Recovery Implementation Plans
208. Review of Regional Waste and Resource Recovery Implementation Plans
209. Municipal and Industrial Waste Levy Trust Account
210. Schedule 1—Regulations
211. Functions
Division 3--Repeal of this Part
212. Repeal of this Part
SCHEDULE 1
ENDNOTES
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