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Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 TABLE OF PROVISIONS Clause Page Part 1--Preliminary 1 1 Purposes 1 2 Commencement 3 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 5 3 Purposes 5 4 Definitions 5 5 Functions of the Head, Recycling Victoria 7 6 Annual report 8 7 New Division 3A of Part 2 inserted 9 8 New Part 2A inserted 13 9 Head, Recycling Victoria may collect, use, disclose or publish information 30 10 Unauthorised disclosure of confidential information 30 11 Entities to sort waste and recycling materials 30 12 Preparation of service standards 30 13 New Division 4 of Part 5 inserted 31 14 New Part 5A inserted 42 15 Courts orders 78 16 Enforcement 78 17 New Division 9A of Part 7 inserted 78 18 Persons who may take proceedings 80 19 Criminal liability of officers of bodies corporate-- accessorial liability 81 20 Which decisions are reviewable 82 21 Minister may issue guidelines for administration, compliance and enforcement 84 22 Section 199 repealed 84 23 Section 208 repealed 84 24 Schedule 1--Subject matter for Regulations 84 i Clause Page Part 3--Amendment of Environment Protection Act 2017 88 Division 1--General amendments 88 25 Purposes 88 26 Definitions 88 27 Extraterritorial application of Act 89 28 Background level of waste or substances 90 29 New section 49A inserted 90 30 Form and contents of applications 91 31 New section 50A inserted 92 32 New sections 51A and 51B inserted 93 33 New section 52A inserted 94 34 Permission conditions 95 35 Transfer of licence or permit 95 36 Amendment of licence or permit on application 95 37 Surrender or revocation of permissions on application 96 38 Exemptions for transporting reportable priority waste 96 39 Application for licence exemptions 96 40 Permit exemptions granted by the Authority 97 41 Permit exemptions granted by a council 97 42 Renewal of permits 98 43 Applications by prohibited persons to engage in prescribed activity 98 44 New section 90A inserted 99 45 Litter enforcement officers 99 46 Assessment by the Authority of waste levy liability 100 47 Authority may authorise emergency storage, use etc. of waste 100 48 New section 157A inserted 100 49 Residential noise enforcement officers 101 50 Submission of proposed better environment plans 101 51 New section 181A inserted 102 52 Authorised officers 102 53 Prohibition notices 104 54 Application to vary or revoke site management order 104 55 New section 277A inserted 104 56 Cost recovery powers 105 57 New section 297A inserted 105 58 Statement to be evidence of authority 106 59 Persons who may take proceedings 106 60 Chapter 13 repealed 106 61 Fees and penalties to be paid into the Consolidated Fund 106 62 Exceptions to requirement to pay fees and penalties into the Consolidated Fund 107 63 New section 459AA inserted 108 64 Exemptions 109 65 New sections 459A and 459B inserted 110 ii Clause Page 66 Regulations 110 67 New section 465A inserted 111 68 Simplified outline--Chapter 16 112 69 Part 16.5 repealed 113 70 New Part 16.10 inserted 113 71 Amendment of Schedule 1 114 Division 2--Funding of Head, Recycling Victoria--waste levy 115 72 Municipal and Industrial Waste Levy Trust Account 115 Division 3--Equivalent new permissions and related amendments 115 73 Continuation of permissions 115 74 New sections 471A and 471B inserted 116 Division 4--New Chapter 17 inserted 117 75 New Chapter 17 inserted 117 Part 4--Amendment of other Acts 121 Division 1--Amendment of Sustainability Victoria Act 2005 121 76 Definitions 121 77 Functions 123 78 New Parts 2A and 2B inserted 123 Division 2--Amendment of the Climate Change Act 2017 129 79 Schedule 1--Acts and decisions or actions 129 Division 3--Amendment of Victorian Civil and Administrative Tribunal Act 1998 129 80 Schedule 1--Variations from Parts 3 and 4 for various proceedings 129 Part 5--Repeal of this Act 130 81 Repeal of this Act 130 ═════════════ Endnotes 131 1 General information 131 iii Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 [Assented to ] The Parliament of Victoria enacts: Part 1--Preliminary 1 Purposes 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 1 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 1--Preliminary (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. 2 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 1--Preliminary 2 Commencement (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. 3 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 1--Preliminary (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. 4 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 3 Purposes 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". 4 Definitions (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 5 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 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"; 6 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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". 5 Functions 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; 7 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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;". 6 Annual 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; 8 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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.". 7 New 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 32A Submission 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 9 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 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. 32B Publication 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. 10 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 32C Market 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; 11 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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.". 12 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 8 New 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 37A Objectives 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. 13 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 37B Matters 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. 14 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 Division 2--Inaugural VRIP 37C Head, Recycling Victoria to prepare inaugural VRIP The Head, Recycling Victoria must prepare the inaugural VRIP in accordance with this Division. 37D Draft 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; 15 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (d) any matters prescribed by the regulations. 37E Consultation 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. 16 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 37F First 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. 37G Second 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. 37H Approval 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. 17 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 37I Gazettal 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. 18 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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 37J Head, Recycling Victoria to prepare VRIP The Head, Recycling Victoria must prepare a VRIP, other than the inaugural VRIP, in accordance with this Division. 37K Draft 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; 19 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (d) any matters prescribed by the regulations. 37L Consultation 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. 20 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 37M First 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. 37N Second 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. 37O Approval of VRIP (1) The Head, Recycling Victoria must submit a second revised draft VRIP to the Minister for approval. 21 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 37P Gazettal 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. 22 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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 37Q Head, 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. 37R Draft 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; 23 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (c) the most recent annual VRIP progress report prepared under section 37Y; (d) any matters prescribed by the regulations. 37S Consultation 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. 24 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 37T Revised 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). 25 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 37U Approval 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. 37V Gazettal 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. 26 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 37W Waiver 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. 27 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 Division 5--Review of VRIP 37X Review 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 28 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 and prepare a draft new VRIP in accordance with Division 3 within a period of 12 months. Division 6--Miscellaneous 37Y Annual 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.". 29 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 9 Head, 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". 10 Unauthorised 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;". 11 Entities 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". 12 Preparation 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". 30 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 13 New 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 74A Definition of responsible entity In this Division-- responsible entity means an entity prescribed for the purposes of this Division. 74B Circular 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 31 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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 32 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74C Notification 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). 33 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74D Responsible 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. 34 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 74E Review 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. 74F Responsible 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. 35 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74G Statement 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. 36 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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 37 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74H Responsible 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. 74I Review 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 38 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74J Information 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-- 39 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74K Guidelines 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-- 40 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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.". 41 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 14 New 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 74L Definitions 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; 42 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 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-- 43 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74M Thermal 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 44 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74N Permitted 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 45 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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 46 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (c) the waste is prescribed to be permitted waste. Division 2--Waste to energy licence required for thermal waste to energy processes 74O Operation 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. 74P Failure 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-- 47 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74Q Operation 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 74R Head, 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 48 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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-- 49 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 50 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74S Applications 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. 51 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74T Issue 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). 52 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74U Cap 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 53 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 under section 74ZD or 74ZE) that exceeds the cap limit. 74V Conditions 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 74W Definitions 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. 54 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 74X Existing 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. 74Y Issue 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 55 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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). 56 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 57 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 74Z Conditions 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. 74ZA Operator 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 74ZB Amendment 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 58 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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). 59 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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 60 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 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. 74ZC Head, 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. 61 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 62 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74ZD Suspension 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 63 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 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. 64 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (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. 74ZE Immediate 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-- (a) notify the holder of the licence of the suspension in accordance with the regulations; and 65 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (b) consider any response made by the holder of the licence. (3) A notice under subsection (2)(a) must-- (a) state that the Head, Recycling Victoria has suspended the waste to energy licence; and (b) state the grounds for the suspension, including the grounds for the immediate suspension of the licence; 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 suspension within 14 days after receiving the notice or any longer period specified in the notice. (4) After considering any submissions made in accordance with subsection (2), the Head, Recycling Victoria must-- (a) revoke the suspension of the waste to energy licence; or (b) refuse to revoke the suspension. (5) The Head, Recycling Victoria must, as soon as practicable after deciding whether to revoke the suspension of a waste to energy licence under subsection (1), give the holder of the licence written notice stating-- (a) the decision; and (b) in the case of a decision to refuse to revoke the suspension-- (i) the grounds for the decision; and 66 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (ii) that the holder of the licence may apply to VCAT for review of the decision. (6) The Head, Recycling Victoria may revoke a suspension under subsection (1) at any time. 74ZF Revocation of waste to energy licences (1) Subject to subsection (2), the Head, Recycling Victoria may revoke a waste to energy licence-- (a) on the application of the holder of the licence; or (b) on the initiative of the Head, Recycling Victoria if the Head, Recycling Victoria is satisfied-- (i) that the licence holder has failed to comply with a condition of the licence; or (ii) that the holder of the licence is convicted or found guilty of an offence against this Act or the regulations; or (iii) that the holder of the licence is no longer a fit and proper person to operate a thermal waste to energy facility; or (iv) 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 (v) that the holder of the licence has breached an enforceable undertaking; or 67 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (vi) 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 (vii) 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 (viii) of any prescribed matter. (2) The Head, Recycling Victoria must not revoke a waste to energy licence under subsection (1) unless the Head, Recycling Victoria considers that suspending the waste to energy licence under section 74ZD or 74ZE would not be appropriate in the circumstances. (3) Before deciding whether to revoke a waste to energy licence under subsection (1)(b), the Head, Recycling Victoria must-- (a) notify the holder of the waste to energy licence of the proposed revocation in accordance with the regulations; and (b) consider any response made by the holder of the licence. (4) A notice under subsection (3)(a) must-- (a) state that the Head, Recycling Victoria proposes to revoke the waste to energy licence under this section; and 68 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (b) state the grounds for the proposed revocation; 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 revocation within 28 days after receiving the notice or any longer period specified in the notice. (5) The Head, Recycling Victoria must, as soon as practicable after deciding to revoke a waste to energy licence under subsection (1), give the holder of the licence written notice stating-- (a) the decision; and (b) the reasons for the decision; and (c) the date on which the revocation takes effect; and (d) that the holder of the licence may apply to VCAT for review of the decision. (6) A revocation under subsection (1) takes effect-- (a) on the day on which notice of the revocation is given under subsection (1); or (b) if a later day is specified in the notice, that day. 74ZG Immediate revocation (1) The Head, Recycling Victoria may revoke a waste to energy licence with immediate effect if the Head, Recycling Victoria is satisfied that it is necessary to immediately revoke the licence, having regard to-- 69 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (a) any matter set out in section 74ZF(1); or (b) any prescribed matter; or (c) the purposes of this Act. (2) If the Head, Recycling Victoria revokes a waste to energy licence under subsection (1), the Head, Recycling Victoria must, as soon as practicable after revoking the licence-- (a) notify the holder of the licence of the revocation in accordance with the regulations; and (b) consider any response made by the holder of the licence. (3) A notice under subsection (2)(a) must-- (a) state that the Head, Recycling Victoria has revoked the waste to energy licence; and (b) state the grounds for the revocation, including the grounds for the immediate revocation of the licence; 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 revocation within 14 days after receiving the notice or any longer period specified in the notice. (4) After considering any submissions made in accordance with subsection (2), the Head, Recycling Victoria must-- (a) cancel the revocation of the waste to energy licence; or 70 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (b) refuse to cancel the revocation. (5) The Head, Recycling Victoria must, as soon as practicable after deciding whether to cancel revoke the revocation of a waste to energy licence under subsection (1), give the holder of the licence written notice stating-- (a) the decision; and (b) in the case of a decision to refuse to cancel the revocation-- (i) the grounds for the decision; and (ii) that the holder of the licence may apply to VCAT for review of the decision. (6) The Head, Recycling Victoria may cancel a revocation under subsection (1) at any time. 74ZH Disqualification of person from applying for waste to energy licences (1) If the Head, Recycling Victoria, revokes a waste to energy licence under section 74ZF or 74ZG, the Head, Recycling Victoria may disqualify the person who was the holder of that licence from applying for a waste to energy licence for a period of not more than 5 years. (2) Before deciding whether to disqualify a person under subsection (1), the Head, Recycling Victoria must-- (a) notify the person of the proposed disqualification in accordance with the regulations; and (b) consider any response made by the person. 71 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (3) A notice under subsection (2)(a) must-- (a) state that the Head, Recycling Victoria proposes to disqualify the person under this section; and (b) state the grounds for the proposed disqualification; and (c) outline the facts and circumstances forming the basis for the grounds; and (d) invite the person to submit written submissions to the Head, Recycling Victoria on the proposed disqualification 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 deciding to disqualify a person under subsection (1), give the holder of the licence written notice stating-- (a) the decision; and (b) the reasons for the decision; and (c) the date on which the disqualification 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 disqualification under subsection (1) at any time. 74ZI Transfer of waste to energy licences (1) A person may, with the agreement of the holder of a waste to energy licence, apply to the Head, Recycling Victoria for the transfer of that licence to the applicant. 72 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (2) An application under subsection (1) must-- (a) be made in the prescribed form and manner; and (b) be accompanied by any prescribed fee. (3) Subject to subsection (5), the Head, Recycling Victoria, on receiving an application that complies with subsection (2) must either-- (a) transfer the waste to energy licence, subject to any terms and conditions that the Head, Recycling Victoria considers appropriate; or (b) refuse to transfer the waste to energy licence. (4) When deciding whether to transfer a waste to energy licence under subsection (3), 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. (5) The Head, Recycling Victoria must not transfer a waste to energy 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) The Head, Recycling Victoria must, as soon as practicable after making a decision under subsection (4), give the applicant and holder 73 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 of the waste to energy licence written notice stating-- (a) the decision; and (b) in the case of a decision to transfer the licence, the date on which the transfer takes effect; and (c) in the case of a decision to refuse to transfer the licence, or a decision to transfer the licence or permit subject to conditions-- (i) the reasons for the decision; and (ii) that the applicant may apply to VCAT for review of the decision. Division 6--Miscellaneous 74ZJ Fit and proper persons When determining, for the purposes of this Part, whether a person is a fit and proper person to operate a thermal waste to energy facility, the Head, Recycling Victoria may have regard to any relevant matter including, but not limited to-- (a) whether the person has been convicted or found guilty of an offence against this Act or the regulations; or (b) whether the person has been convicted or found guilty of an offence against the Corporations Act; or (c) whether the person has, within the preceding 10 years, been convicted or found guilty of-- (i) an indictable offence; or 74 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (ii) an offence that, if committed in Victoria, would constitute an indictable offence; or (iii) an offence involving fraud or dishonesty; or (iv) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i) or (iii); or (v) an offence against a law of another State or a Territory that regulates the supply of energy; or (d) whether the person is charged with an offence described in paragraph (a) or (c) and the charge has not been finally dealt with; or (e) whether the person is contravening or has contravened a provision of this Act or the regulations; or (f) if the person holds or has held a waste to energy licence, or any licence or permit issued under a law of another State or a Territory that the Head, Recycling Victoria considers to be the equivalent of a waste to energy licence-- (i) whether the person is not complying or has not complied with that licence; or (ii) whether that licence is or has been suspended or revoked; or (g) whether the person is an insolvent under administration; or 75 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (h) whether the person is an externally- administered company under the Corporations Act; or (i) whether the person has failed to comply with the order of any court or tribunal; or (j) any prescribed matter. 74ZK Extension of submission period (1) The Head, Recycling Victoria may, on application, extend the period during which a person may make submissions under this Part relating to-- (a) the suspension or revocation of a waste to energy licence; or (b) the disqualification of a person from applying for a waste to energy licence. (2) An application for an extension under subsection (1) must-- (a) be made in writing; and (b) be accompanied by any prescribed fee; and (c) include any prescribed information. (3) On receiving an application that complies with subsection (2), the Head, Recycling Victoria may extend the period during which the applicant may make submissions by not more than 28 days. 74ZL Guidelines in relation to the waste to energy scheme (1) The Head, Recycling Victoria may issue guidelines in respect of the operation and administration of the waste to energy scheme under this Part. 76 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (2) The Head, Recycling Victoria must publish any guidelines issued under subsection (1) on a website maintained by the Department. 74ZM Transitional provisions--existing operators (1) During the 6 month period beginning on the commencement day, an existing operator is taken to hold an existing operator licence that authorises the existing operator to process an amount of permitted waste at the existing facility using a thermal waste to energy process that is less than or equal to the amount that the existing operator was authorised to process under any existing waste processing authority that is in force immediately before the commencement day. (2) An existing operator licence under subsection (1) remains in force until the earliest of the following-- (a) the day on which the existing operator is issued an existing operator licence under section 74Y; (b) the day on which the existing waste processing authority expires (however described) in accordance with the terms and conditions of that authority as in force immediately before the commencement day; (c) the day that is 6 months after the commencement day. (3) In this section-- commencement day means the day on which section 14 of the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 comes into operation.". 77 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 15 Courts orders In section 129(3) of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "proceedings have been taken" substitute "a proceeding has been commenced". 16 Enforcement After section 131(2)(e) of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert-- "(ea) an order that the person pay an amount under a monetary benefit order;". 17 New Division 9A of Part 7 inserted After Division 9 of Part 7 of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert-- "Division 9A--Monetary benefit orders 147A Monetary benefit order (1) If a court is satisfied that a person has committed an offence against a provision of this Act, or breached an enforceable undertaking, the court may make an order under subsection (3). (2) The court may make an order under subsection (3) on the application of the Head, Recycling Victoria. (3) The court may order the person to pay an amount not exceeding the amount that the court is satisfied represents the amount of any monetary benefit acquired by the person, or accrued or accruing to the person, as a result of the person's commission of the offence or breach of the enforceable undertaking. 78 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (4) In determining the amount that the person must pay under an order under subsection(3), the court may take into account-- (a) the person's financial circumstances; and (b) any amount submitted to the court by the Head, Recycling Victoria. (5) The Head, Recycling Victoria may submit to the court the amount that the Head, Recycling Victoria considers to be a reasonable estimate of the amount of monetary benefit acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence in relation to which an order under subsection (3) is sought, or breach of the enforceable undertaking, as determined in accordance with-- (a) a prescribed guideline, method or protocol; or (b) any other method the Head, Recycling Victoria considers appropriate. (6) For the purposes of subsection (3), the court may assume that an amount represents the amount of any monetary benefit acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or breach of the enforceable undertaking if-- (a) the Head, Recycling Victoria submits that amount to the court under subsection (5); and (b) the Head Recycling Victoria determined that amount in accordance with a prescribed guideline, method or protocol. 79 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (7) Nothing in this section affects the operation of Part 8 of the Confiscation Act 1997. (8) Any amount received as the payment of an order under subsection (3) must be paid into the Consolidated Fund. 147B Head, Recycling Victoria may issue protocol for determining monetary benefit (1) For the purposes of section 147A, the Head, Recycling Victoria, by instrument, may issue a protocol for determining an amount of monetary benefit. (2) An instrument issued under subsection (1)-- (a) may provide for the information, process, calculation or method to be used in determining a monetary benefit; and (b) must be published on the Department's website.". 18 Persons who may take proceedings (1) In the heading to section 174 of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "take proceedings" substitute "prosecute". (2) In section 174 of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "Proceedings for an offence against this Act or the regulations may only be taken by" substitute "A proceeding for an offence against a provision of this Act or the regulations may only be commenced by". 80 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 19 Criminal liability of officers of bodies corporate-- accessorial liability In section 177(2) of the Circular Economy (Waste Reduction and Recycling) Act 2021-- (a) in paragraph (l), for "notice)." substitute "notice);"; (b) after paragraph (l) insert-- "(m) section 74D(1) (Offence to fail to comply with a requirement of the CERCC Plan); (n) section 74D(3) (Offence to fail to notify Head, Recycling Victoria that unable to comply with a requirement of CERCC Plan); (o) section 74G (Offence to fail to submit statement of assurance); (p) section 74H(1) (Offence to fail to comply with a requirement of a RERCC Plan); (q) section 74H(3) (Offence to fail to notify Head, Recycling Victoria that unable to comply with a requirement of RERCC Plan); (r) section 74O(1) (Offence to operate a thermal waste to energy facility except as authorised by a waste to energy licence); (s) section 74P(1) (Offence to fail to comply with a condition of a waste to energy licence); (t) section 74P(3) (Offence to fail to notify Head, Recycling Victoria of failure to comply with a condition of a waste to energy licence); 81 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (u) section 74Q(1) (Offence to process banned waste at a thermal waste to energy facility using a thermal waste to energy process).". 20 Which decisions are reviewable (1) In the table in section 178(1) of the Circular Economy (Waste Reduction and Recycling) Act 2021, after item 5 insert-- "5A Section 74T(1)(a) (decision of Head, Applicant for a cap Recycling Victoria to impose a licence condition on a cap licence (other than a condition specifying an allocated cap amount in a cap licence)) 5B Section 74T(1)(b) (decision of Head, Applicant for a cap Recycling Victoria to refuse to issue a licence cap licence) 5C Section 74Y(1)(a) (decision of Head, Applicant for an Recycling Victoria to impose a existing operator condition on an existing operator licence licence) 5D Section 74Y(1)(b) (decision of Head, Applicant for an Recycling Victoria to refuse to issue an existing operator existing operator licence) licence 5E Section 74ZB(1)(a) (decision to amend Holder of a waste a waste to energy licence on the to energy licence initiative of the Head, Recycling Victoria) 5F Section 74ZB(4)(a) (decision of Head, Applicant for an Recycling Victoria to impose a amendment of a condition on an amended waste to waste to energy energy licence amendment (other than a licence condition specifying an allocated cap amount in a cap licence)) 5G Section 74ZB(4)(b) (decision of Head, Applicant for an Recycling Victoria to refuse to amend a amendment of a waste to energy licence on the waste to energy application of the holder a waste to licence energy licence(other than a condition specifying an allocated cap amount in a cap licence)) 82 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 5H Section 74ZC(1)(a) (decision of Head, Holder of a cap Recycling Victoria to decrease the licence allocated cap amount specified in a cap licence on the initiative of the Head, Recycling Victoria) 5I Section 74ZC(1)(b) (decision of Head, Holder of a cap Recycling Victoria to refuse to amend licence the allocated cap amount specified in a cap licence on the application of the holder a cap licence) 5J Section 74ZD(1) (decision of Head, Holder of a waste Recycling Victoria to suspend a waste to energy licence to energy licence) 5K Section 74ZE(1) (decision of Head, Holder of a waste Recycling Victoria to suspend a waste to energy licence to energy licence with immediate effect) 5L Section 74ZF(1)(a) (decision of Head, Holder of a waste Recycling Victoria to refuse to revoke a to energy licence waste to energy licence on the application of the holder a waste to energy licence) 5M Section 74ZF(1)(b) (decision to revoke Holder of a waste a waste to energy licence on the to energy licence initiative of the Head, Recycling Victoria) 5N Section 74ZG(1) (decision of Head, Holder of a waste Recycling Victoria to revoke a waste to to energy licence energy licence with immediate effect) 5O Section 74ZH(1) (decision of Head, Person disqualified Recycling Victoria to disqualify a from applying for person from applying for a waste to a waste to energy energy licence) licence 5P Section 74ZI(3)(a) (decision of Head, Applicant for Recycling Victoria to impose a transfer of a waste condition on the transfer of a waste to to energy licence energy licence) 5Q Section 74ZI(3)(b) (decision of Head, Applicant for Recycling Victoria to refuse to transfer transfer of a waste a waste to energy licence) to energy licence". 83 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 (2) In the table in section 178(1) of the Circular Economy (Waste Reduction and Recycling) Act 2021, after item 10 insert-- "11 Section 171(1)(c) (things seized by The owner of the authorised officers are forfeiture in seized thing". certain circumstances) 21 Minister may issue guidelines for administration, compliance and enforcement (1) In the heading to section 181 of the Circular Economy (Waste Reduction and Recycling) Act 2021 omit "for administration, compliance and enforcement". (2) After section 181(1)(a)(ii) of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert-- "(iii) the preparation and approval of a Victorian Recycling Infrastructure Plan; and". 22 Section 199 repealed Section 199 of the Circular Economy (Waste Reduction and Recycling) Act 2021 is repealed. 23 Section 208 repealed Section 208 of the Circular Economy (Waste Reduction and Recycling) Act 2021 is repealed. 24 Schedule 1--Subject matter for Regulations (1) After clause 1 of Schedule 1 to the Circular Economy (Waste Reduction and Recycling) Act 2021 insert-- "1A Waste to energy scheme 1A.1 Prescribing a process as or as not a thermal waste to energy process. 1A.2 Prescribing waste as or as not permitted waste. 84 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 1A.3 The form or manner in which an expression of interest under section 74R must be submitted. 1A.4 Fees for submitting an expression of interest under section 74R. 1A.5 Reporting requirements for operators of thermal waste to energy facilities. 1A.6 The process and requirements for making a notification or response under Part 5A. 1A.7 The process and requirements for making an application under section 74ZH. 1B CERCC Plan and RERCC Plans 1B.1 The preparation and content of the CERCC Plan. 1B.2 Prescribing persons or entities that the Minister must consult before approving or refusing to approve the CERCC Plan. 1B.3 The preparation and content of RERCC Plans. 1B.4 Prescribing responsible entities for the purposes of Division 4 of Part 5. 1B.5 Prescribing requirements of the CERCC Plan, with which it is an offence for a responsible entity to fail to comply. 1B.6 Prescribing requirements of RERCC Plans, with which it is an offence for a responsible entity to fail to comply. 1B.7 Prescribing requirements for the preparation of statements of assurance under section 74G. 85 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 1B.8 Information and record keeping requirements for responsible entities.". (2) In clause 20.1 of Schedule 1 to the Circular Economy (Waste Reduction and Recycling) Act 2021, for "take proceedings for offences against this Act or the regulations" substitute "commence a proceeding for an offence against a provision of this Act or the regulations". (3) After clause 20 of Schedule 1 to the Circular Economy (Waste Reduction and Recycling) Act 2021 insert-- "21 Guidelines, methods or protocols for determining monetary benefit 21.1 Prescribing a guideline, method or protocol for the purposes of Division 9A of Part 7. 22 Victorian Recycling Infrastructure Plan 22.1 Matters to be included in a VRIP. 22.2 Matters to be considered in preparing a draft VRIP or draft amendments to a VRIP. 22.3 Persons and bodies to be consulted after preparation of a draft VRIP or draft amendments to a VRIP. 22.4 The process for consultation after preparation of a draft VRIP or draft amendments to a VRIP. 22.5 Documents or information to accompany a draft VRIP or draft amendments to a VRIP for approval. 22.6 Reporting, monitoring and evaluation requirements with respect to a VRIP. 22.7 Matters to be considered in conducting a review of an approved VRIP. 86 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 2--Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021 22.8 The process for conducting a review of an approved VRIP.". 87 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 Part 3--Amendment of Environment Protection Act 2017 Division 1--General amendments 25 Purposes Section 1(j) of the Environment Protection Act 2017 is repealed. 26 Definitions (1) In section 3(1) of the Environment Protection Act 2017-- (a) insert the following definitions-- "approved motor vehicle tester means a person appointed in the prescribed role of approved motor vehicle tester; certificate of compliance means a certificate issued by an approved motor vehicle tester under regulations made under this Act; prescribed role means a role prescribed under section 245(2);"; (b) in the definition of deposit, for "burning" substitute "burial or burning, and also includes burial or burning of litter or waste on land owned by or in the control or possession of the person responsible for burying or burning the litter or waste"; (c) for the definition of unreasonable noise substitute-- "unreasonable noise means-- (a) noise that is unreasonable having regard to the following-- (i) its volume, intensity or duration; 88 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (ii) its character; (iii) the time, place and other circumstances in which it is emitted; (iv) how often it is emitted; (v) any prescribed factors; and (b) noise that is prescribed to be unreasonable noise; and (c) does not include noise prescribed not to be unreasonable noise". (2) In section 3(1) of the Environment Protection Act 2017-- (a) insert the following definition-- "Victorian Recycling Infrastructure Plan has the same meaning as VRIP has in the Circular Economy (Waste Reduction and Recycling) Act 2021;"; (b) the definitions of draft Regional Waste and Resource Recovery Implementation Plan, draft State-Wide Waste and Resource Recovery Infrastructure Plan, Regional Waste and Resource Recovery Implementation Plan, State-Wide Waste and Resource Recovery Infrastructure Plan and Victorian Waste and Resource Recovery Infrastructure Planning Framework are repealed. 27 Extraterritorial application of Act In section 8(2) of the Environment Protection Act 2017, after "issued" insert "or granted". 89 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 28 Background level of waste or substances For section 36(a) and (b) of the Environment Protection Act 2017 substitute-- "(a) the background level in relation to the waste, chemical substance or prescribed substance specified in or determined in accordance with-- (i) an environment reference standard; or (ii) the regulations; or (iii) a determination made by the Authority in accordance with the regulations; or (b) if paragraph (a) does not apply, the naturally occurring concentration of the waste, chemical substance or prescribed substance on or under the surface of the land in the vicinity of the land.". 29 New section 49A inserted After section 49 of the Environment Protection Act 2017 insert-- "49A Definition In this Part-- relevant permission application means-- (a) an application under section 50 for a permission; or (b) an application under section 56 for the transfer of a licence or permit; or (c) an application under section 57 for the amendment of a licence or permit; or 90 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (d) an application under section 59 for consent to surrender a licence or permit; or (e) an application under section 68 for an exemption from the requirement to hold a permission in connection with the transport of reportable priority waste; or (f) an application under section 80 for an exemption from the application of section 44; or (g) an application under section 82 for an exemption from the application of section 46; or (h) an application under section 83 for an exemption from the application of section 46; or (i) an application under section 84 for the renewal of a permit.". 30 Form and contents of applications (1) In section 50(1)(b) of the Environment Protection Act 2017, for "any prescribed fee" substitute "the prescribed fee (if any) for the application". (2) At the end of section 50(1)(b) of the Environment Protection Act 2017 insert-- "Note An additional fee may be payable under section 50A.". (3) Section 50(3) and (4) of the Environment Protection Act 2017 are repealed. 91 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 31 New section 50A inserted After section 50 of the Environment Protection Act 2017 insert-- "50A Notice and payment of additional application fees (1) In addition to the prescribed fee for the application, the Authority or council (as the case requires) may require an applicant for a relevant permission application to pay a fee for the application-- (a) at a time after the application is made and in addition to the fee for the application that is required to accompany the application; 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 or council to whom a fee under subsection (1) is payable must give the applicant written notice specifying the fee-- (a) no later than 10 business days after determining the application; or (b) if inspection of works authorised by the permit is required after the application is determined, within 10 business days of the final inspection of the works. (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. 92 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (5) This section does not apply to a relevant permission application referred to in paragraph (b), (d), (e) or (i) of the definition of relevant permission application.". 32 New sections 51A and 51B inserted After section 51 of the Environment Protection Act 2017 insert-- "51A Authority or council may require additional information The Authority or council (as the case requires) may require an applicant to provide the Authority or council with any information relating to a relevant permission application that the Authority or council considers necessary. 51B Timing for consideration of application if more information required The time in which the Authority or council must deal with a relevant permission application does not include-- (a) if the Authority or council requires information under section 51A, the period from the date that the Authority or council makes the request until the date on which the Authority or council receives the information; or (b) any period that the Authority or council and the applicant agree is not to be included in that time.". 93 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 33 New section 52A inserted After section 52 of the Environment Protection Act 2017 insert-- "52A Authority may refuse certain applications inconsistent with Victorian Recycling Infrastructure Plan (1) This section applies to the following-- (a) any application for a permission in relation to a waste management facility; (b) any application to amend a permission in relation to a waste management facility. (2) The Authority may refuse an application, or refuse to consider an application, if it appears that the operations of the waste management facility may be inconsistent with a Victorian Recycling Infrastructure Plan made under Part 2A of the Circular Economy (Waste Reduction and Recycling) Act 2021. (3) The Authority may refuse an application, or refuse to consider an application, if the application proposes the expansion of an existing landfill site and it appears that-- (a) the operations of the landfill site as so expanded may be inconsistent with a Victorian Recycling Infrastructure Plan that is in effect; or (b) the proposed expansion may be inconsistent with the schedule of landfill sites in a Victorian Recycling Infrastructure Plan that is in effect. (4) Subject to subsection (5), the Authority must refuse to consider an application that proposes a new landfill site if the proposed 94 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 site is not a future landfill site included in the schedule of landfill sites in a Victorian Recycling Infrastructure Plan that is in effect. (5) The Authority must not refuse to consider an application under subsection (4) if-- (a) the proposed site is privately owned; and (b) the Authority is satisfied that the site will only receive waste consisting of substances that were owned by the owner of the site before the substances became waste. (6) The Authority must give reasons in writing to any person whose application is not considered or is refused under this section.". 34 Permission conditions In section 54(2)(c) of the Environment Protection Act 2017, for "Victorian Waste and Resource Recovery Infrastructure Planning Framework" substitute "Victorian Recycling Infrastructure Plan". 35 Transfer of licence or permit (1) In section 56(3)(b) of the Environment Protection Act 2017, after "the prescribed fee" insert "(if any) for the application". (2) In section 56(4) of the Environment Protection Act 2017, for "The Authority" substitute "Subject to section 51B, the Authority". 36 Amendment of licence or permit on application (1) In section 57(3)(b) of the Environment Protection Act 2017, after "the prescribed fee" insert "(if any) for the application". 95 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (2) At the end of section 57(3)(b) of the Environment Protection Act 2017 insert-- "Note An additional fee may be payable under section 50A.". (3) In section 57(5) of the Environment Protection Act 2017, for "A decision" substitute "Subject to section 51B, a decision". 37 Surrender or revocation of permissions on application (1) In section 59(3)(b) of the Environment Protection Act 2017 after "the prescribed fee" insert "(if any) for the application". (2) In section 59(4) of the Environment Protection Act 2017, for "The Authority" substitute "Subject to section 51B, the Authority". 38 Exemptions for transporting reportable priority waste (1) In section 68(2)(c) of the Environment Protection Act 2017 for "any prescribed fee" substitute "the prescribed fee (if any) for the application". (2) In section 68(3) of the Environment Protection Act 2017, for "On receiving" substitute "Subject to section 51B, on receiving". 39 Application for licence exemptions (1) In section 80(3)(c) of the Environment Protection Act 2017, for "any prescribed fee" substitute "the prescribed fee (if any) for the application". 96 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (2) At the end of section 80(3)(c) of the Environment Protection Act 2017 insert-- "Note An additional fee may be payable under section 50A.". (3) In section 80(4) of the Environment Protection Act 2017, for "On receiving" substitute "Subject to section 51B, on receiving". 40 Permit exemptions granted by the Authority (1) In section 82(2)(c) of the Environment Protection Act 2017, for "any prescribed fee" substitute "the prescribed fee (if any) for the application". (2) At the end of section 82(2)(c) of the Environment Protection Act 2017 insert-- "Note An additional fee may be payable under section 50A.". (3) In section 82(3) of the Environment Protection Act 2017, for "On receiving" substitute "Subject to section 51B, on receiving". 41 Permit exemptions granted by a council (1) In section 83(2)(c) of the Environment Protection Act 2017, for "any prescribed fee" substitute "the prescribed fee (if any) for the application". (2) At the end of section 83(2)(c) of the Environment Protection Act 2017 insert-- "Note An additional fee may be payable under section 50A.". (3) In section 83(3) of the Environment Protection Act 2017, for "On receiving" substitute "Subject to section 51B, on receiving". 97 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 42 Renewal of permits (1) In section 84(3)(b) of the Environment Protection Act 2017, for "any prescribed fee" substitute "the prescribed fee (if any) for the application". (2) In section 84(5) of the Environment Protection Act 2017, for "A decision" substitute "Subject to section 51B, a decision". 43 Applications by prohibited persons to engage in prescribed activity (1) In section 90(2)(d) of the Environment Protection Act 2017, for "any prescribed fee" substitute "the prescribed fee (if any) for the application". (2) At the end of section 90(2)(d) of the Environment Protection Act 2017 insert-- "Note An additional fee may be payable under section 90A.". (3) After section 90(4) of the Environment Protection Act 2017 insert-- "(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 98 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (b) any period that the Authority and the applicant agree is not to be included in that time.". 44 New 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.". 45 Litter enforcement officers In section 114(2) of the Environment Protection Act 2017, for "a member" substitute "each member". 99 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 46 Assessment 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". 47 Authority 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.". 48 New 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. 100 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (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.". 49 Residential 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.". 50 Submission 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.". 101 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 51 New 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.". 52 Authorised 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-- 102 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (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.". 103 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (3) In section 242(3) of the Environment Protection Act 2017, for "subsection (1) or (2)" substitute "subsection (1), (2) or (2A)". 53 Prohibition notices In section 272(1)(a)(ii) of the Environment Protection Act 2017, after "permission" insert "issued or". 54 Application 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.". 55 New 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. 104 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (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.". 56 Cost 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.". 57 New 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.". 105 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 58 Statement to be evidence of authority In section 341(e) of the Environment Protection Act 2017, after "not," insert "issued or". 59 Persons 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.". 60 Chapter 13 repealed Chapter 13 of the Environment Protection Act 2017 is repealed. 61 Fees 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)". 106 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 62 Exceptions 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; 107 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (b) a fee for issuing a certificate of compliance with the regulations in relation to emissions from motor vehicles.". 63 New 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.". 108 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 64 Exemptions (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;". 109 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 65 New 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. 459B Authority 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.". 66 Regulations (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 110 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (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". 67 New 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. 111 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (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.". 68 Simplified outline--Chapter 16 Section 467(5) of the Environment Protection Act 2017 is repealed. 112 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 69 Part 16.5 repealed Part 16.5 of the Environment Protection Act 2017 is repealed. 70 New 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 503 Saving 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 113 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 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.". 71 Amendment 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-- "6.6A Regulating 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-- "12.2 Prescribing noise that is not to be unreasonable noise.". 114 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 Division 2--Funding of Head, Recycling Victoria-- waste levy 72 Municipal 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 73 Continuation 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.". 115 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 74 New 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. 471B New 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.". 116 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 Division 4--New Chapter 17 inserted 75 New 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 503 Definitions 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. 504 Application 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 117 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (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 118 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 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. 119 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 3--Amendment of Environment Protection Act 2017 (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. 505 Time 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.". 120 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 4--Amendment of other Acts Part 4--Amendment of other Acts Division 1--Amendment of Sustainability Victoria Act 2005 76 Definitions 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; 121 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 4--Amendment of other Acts 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; 122 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 4--Amendment of other Acts 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;". 77 Functions Section 7(oa) of the Sustainability Victoria Act 2005 is repealed. 78 New Parts 2A and 2B inserted After Part 2 of the Sustainability Victoria Act 2005 insert-- "Part 2A--Information sharing 19A Sustainability 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, 123 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 4--Amendment of other Acts 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. 19B Information 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. 124 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 4--Amendment of other Acts (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. 19C Unauthorised 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; 125 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 4--Amendment of other Acts (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; 126 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 4--Amendment of other Acts (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 19D Regulations (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; 127 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 4--Amendment of other Acts (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.". 128 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 4--Amendment of other Acts Division 2--Amendment of the Climate Change Act 2017 79 Schedule 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 80 Schedule 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 6AA Powers 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.". 129 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Part 5--Repeal of this Act Part 5--Repeal of this Act 81 Repeal 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). ═════════════ 130 Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 No. of 2022 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech-- Legislative Assembly: Legislative Council: 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." By Authority. Government Printer for the State of Victoria. 131
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