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

  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 22      Section 199 repealed                                       84
 23      Section 208 repealed                                       84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.



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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.




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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


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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";




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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;



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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.




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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;




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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.




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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;


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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.




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               (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;



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                      (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.




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             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.




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               (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.




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               (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;


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                      (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.




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              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).


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              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.




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               (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.



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                       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



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                    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.".


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      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".




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    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




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                      (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




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                      (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).




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               (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.




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              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.




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               (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.




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               (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



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                      (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




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                      (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--


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                      (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--


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                      (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.".




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    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;




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                    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--


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                            (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


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                      (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


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                                 (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


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                      (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--



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                      (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




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                      (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--


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                      (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.


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               (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.



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               (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).




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               (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


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                    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.




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              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




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                      (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).




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               (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.



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              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




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                      (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).




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               (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


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                          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.




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               (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.




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               (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


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                          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.




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               (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



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                      (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



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                           (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


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                           (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



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                      (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--


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                      (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


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                      (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.




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               (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.




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               (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



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                    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




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                           (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




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                      (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.


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               (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.".


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    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.



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               (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.


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               (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".




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    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);


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                       (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))



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     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".




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           (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.



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                    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.


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                    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.


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                    22.8 The process for conducting a review of
                         an approved VRIP.".




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      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;


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                                 (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".




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    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




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                            (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.




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    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.




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               (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.".




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    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


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                    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".



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          (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".




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          (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".


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    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




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                      (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".




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    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.




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               (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.".




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    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--



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                            (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.".




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          (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.




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               (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.".




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    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)".




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    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;




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                      (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.".




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    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;".




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    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


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               (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.




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               (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.




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    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


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                          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.".




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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.".




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    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.".




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         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



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                      (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




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                          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.




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               (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.".




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        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;




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                    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;



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                    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,




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                    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.



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               (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;



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                      (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;


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                           (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;


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                      (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.".




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  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.".




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                        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).
                       ═════════════




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                                        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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