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Environment Legislation Amendment (Circular Economy and Other Matters) Bill 2023

  Environment Legislation Amendment (Circular
      Economy and Other Matters) Act 2023
                              No.           of 2023


                       TABLE OF PROVISIONS
Clause                                                                    Page

Part 1--Preliminary                                                           1
 1       Purposes                                                            1
 2       Commencement                                                        2
Part 2--Amendment of Circular Economy (Waste Reduction and
Recycling) Act 2021                                                          3
Division 1--Recycling Victoria Fund                                           3
 3       New Division 7 inserted in Part 2                                   3
Division 2--Container deposit scheme                                          5
 4       Definitions                                                         5
 5       Functions of the Head, Recycling Victoria--container deposit
         scheme                                                              6
 6       Functions of Scheme Coordinator                                     6
 7       Scheme Coordinator agreement                                        6
 8       Content of Scheme Coordinator agreement                             7
 9       Appointment of Scheme Coordinator                                   9
 10      Content of network operator agreements                              9
 11      Appointment of network operators                                   11
 12      Payments to collection point operators                             11
 13      Determination of first supplier                                    11
 14      Application for approval as suitable eligible container            12
 15      Material recovery facilities protocol                              12
 16      Local government refund sharing protocol                           12
 17      Offence to supply beverage without supply arrangement with
         Scheme Coordinator and container approval                          13
 18      Guidelines                                                         13
 19      Civil penalty order                                                13
 20      Criminal liability of officers of bodies corporate--accessorial
         liability                                                          14
 21      New heading to Division 1 of Part 9 inserted                       14
 22      New section 191A and Division 2 of Part 9 inserted                 14
 23      Schedule 1--Subject matter for Regulations                          17




                                        i
Clause                                                                  Page

Division 3--Waste to energy scheme                                         17
 24      Issue of cap licences                                            17
 25      Conditions on cap licences                                       18
 26      Issue of existing operator licences                              18
 27      Conditions on existing operator licences                         19
 28      Schedule 1--Subject matter for Regulations                        19
Division 4--Miscellaneous                                                  19
 29 Regulations                                                           19
 30 Statute law revision                                                  20
Part 3--Amendment of Environment Protection Act 2017                       22
Division 1--Financial assurances                                           22
 31 New section 218A inserted                                             22
 32 Section 231 substituted and new sections 231A to 231N
    inserted                                                              23
 33 Application for release of financial assurance                        39
 34 Decisions reviewable by VCAT                                          42
Division 2--Miscellaneous amendments                                       43
 35 Definitions                                                           43
 36 Definition                                                            45
 37 Protection against self-incrimination                                 45
 38 New sections 269A and 269B inserted                                   45
 39 Notice to investigate                                                 47
 40 Environmental action notice                                           48
 41 Site management orders                                                48
 42 Cost recovery powers                                                  48
 43 Displacement of other laws                                            48
 44 Reports and certificates                                              48
 45 Liability of officers of bodies corporate--failure to exercise due
    diligence                                                             48
 46 Delegation                                                            49
 47 New Part 14.9 inserted                                                49
 48 Statute law revision--Part 17.1                                        50
Part 4--Repeal of this Act                                                 51
 49 Repeal of this Act                                                    51
                               ═════════════
Endnotes                                                                  52
 1       General information                                              52




                                     ii
 Environment Legislation Amendment
(Circular Economy and Other Matters)
              Act 2023 
                    No.           of 2023

                           [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 further provide for matters relating to
                       the container deposit scheme, the waste
                       to energy scheme and the recovery of
                       regulatory costs for those schemes; and


                              1
Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
                         Part 1--Preliminary


                      (ii) to expand the regulation-making power
                           in relation to fees; and
                (b) to amend the Environment Protection
                    Act 2017 to improve the operation of that
                    Act.
      2 Commencement
          (1) This Part and Part 2 come into operation on the
              day after the day on which this Act receives the
              Royal Assent.
          (2) Subject to subsection (3), the remaining
              provisions of this Act come into operation on a
              day or days to be proclaimed.
          (3) If a provision referred to in subsection (2) does
              not come into operation before 1 October 2024, it
              comes into operation on that day.




                                  2
Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

  Part 2--Amendment of Circular Economy
  (Waste Reduction and Recycling) Act 2021
          Division 1--Recycling Victoria Fund
      3 New Division 7 inserted in Part 2
               After Division 6 of Part 2 of the Circular
               Economy (Waste Reduction and Recycling)
               Act 2021 insert--

                 "Division 7--Recycling Victoria Fund
            37AA Recycling Victoria Fund
               (1) There must be established in the Public
                   Account as part of the Trust Fund an account
                   to be known as the Recycling Victoria Fund.
               (2) The Recycling Victoria Fund is to be divided
                   into--
                      (a) the Container Deposit Scheme account;
                          and
                      (b) the Waste to Energy Scheme account.
            37AB Payments into and from the Container
                 Deposit Scheme account
               (1) The following are to be credited to the
                   Container Deposit Scheme account--
                      (a) payments made to the Minister or
                          Head, Recycling Victoria under this
                          Act in respect of the container deposit
                          scheme;
                      (b) payments made to the Head, Recycling
                          Victoria under the Scheme Coordinator
                          agreement;
                      (c) all money appropriated by Parliament
                          for the purposes of the Container
                          Deposit Scheme account.


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Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

               (2) Money in the Container Deposit Scheme
                   account may be applied for the following
                   purposes--
                      (a) any costs associated with the container
                          deposit scheme;
                      (b) any amounts directed under subsection
                          (3) to be paid into the Consolidated
                          Fund.
               (3) If the Treasurer is satisfied that there is in the
                   Container Deposit Scheme account at any
                   time an amount in excess of the amount
                   required to meet the anticipated payments
                   from the account, after consultation with the
                   Minister, the Treasurer may direct the
                   payment of the whole or any part of that
                   excess amount out of the account into the
                   Consolidated Fund.
            37AC Payments into and from the Waste to
                 Energy Scheme account
               (1) The following are to be credited to the Waste
                   to Energy Scheme account--
                      (a) payments made to the Head, Recycling
                          Victoria under this Act in respect of the
                          waste to energy scheme;
                      (b) all money appropriated by Parliament
                          for the purposes of the Waste to Energy
                          Scheme account.
               (2) Money into the Waste to Energy Scheme
                   account may be applied for the following
                   purposes--
                      (a) any costs associated with the waste to
                          energy scheme;




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Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

                      (b) any amounts directed under subsection
                          (3) to be paid into the Consolidated
                          Fund.
               (3) If the Treasurer is satisfied that there is in the
                   Waste to Energy Scheme account at any time
                   an amount in excess of the amount required
                   to meet the anticipated payments from the
                   account, after consultation with the Minister,
                   the Treasurer may direct the payment of the
                   whole or any part of that excess amount out
                   of the account into the Consolidated Fund.".

         Division 2--Container deposit scheme
      4 Definitions
          (1) In section 3(1) of the Circular Economy (Waste
              Reduction and Recycling) Act 2021, in the
              definition of first supplier--
                (a) for "the person determined" substitute
                    "a person determined";
                (b) for "the first supplier of" substitute "a first
                    supplier of any beverage in".
          (2) In section 3(1) of the Circular Economy (Waste
              Reduction and Recycling) Act 2021, in the
              definition of material recovery facility--
                (a) omit "either";
                (b) in paragraph (b)(ii), for "material;"
                    substitute "material; or";
                (c) after paragraph (b) insert--
                     "(c) a facility prescribed to be a material
                          recovery facility;".




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Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

          (3) In section 3(1) of the Circular Economy (Waste
              Reduction and Recycling) Act 2021, in the
              definition of refund amount--
                (a) for "an eligible container" (where twice
                    occurring) substitute "a suitable eligible
                    container";
                (b) for "that eligible container" (where twice
                    occurring) substitute "that suitable eligible
                    container".
      5 Functions of the Head, Recycling Victoria--
        container deposit scheme
               In section 76(2)(a) of the Circular Economy
               (Waste Reduction and Recycling) Act 2021, for
               "the first supplier" substitute "a first supplier".
      6 Functions of Scheme Coordinator
          (1) In section 79(f) of the Circular Economy (Waste
              Reduction and Recycling) Act 2021, for
              "facilities." substitute "facilities; and".
          (2) After section 79(f) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
              "(g) to perform any prescribed function.".
      7 Scheme Coordinator agreement
          (1) In section 80(4) of the Circular Economy (Waste
              Reduction and Recycling) Act 2021, for "If the
              Minister" substitute "Subject to subsection (5), if
              the Minister".
          (2) For section 80(5) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              substitute--
              "(5) The Minister must not recommend to the
                   Governor in Council that a person be
                   appointed as the Scheme Coordinator during
                   any period in which the appointment of


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Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

                    another person as the Scheme Coordinator is
                    in effect.".
      8 Content of Scheme Coordinator agreement
          (1) In section 81(1) of the Circular Economy (Waste
              Reduction and Recycling) Act 2021--
                (a) in paragraph (b), for "containers" substitute
                    "suitable eligible containers";
                (b) in paragraph (c), for "eligible containers"
                    substitute "suitable eligible containers".
          (2) After section 81(2) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
            "(2A) Without limiting subsection (2)(a), a Scheme
                  Coordinator agreement may specify a
                  methodology by applying or incorporating
                  any methodology or document approved by
                  the Department--
                      (a) wholly or partially or with or without
                          any modification; or
                      (b) as in force or as issued at a particular
                          time or as in force or as issued from
                          time to time.".
          (3) After section 81(3) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
            "(3A) A Scheme Coordinator agreement must
                  include any prescribed requirements.".
          (4) After section 81(4)(b) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
             "(ba) provide for the exercise by the Minister of a
                   power or function of the Scheme
                   Coordinator under this Act if the Scheme



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Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

                    Coordinator fails to exercise that function or
                    power; and".
          (5) After section 81(4)(e) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
             "(ea) specify any fees that the Scheme Coordinator
                   must pay to the Head, Recycling Victoria for
                   the purposes of the administration of the
                   container deposit scheme; and".
          (6) For section 81(4)(g) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              substitute--
              "(g) provide for any other matter agreed to by the
                   parties to the agreement that is not
                   inconsistent with this Act.".
          (7) Section 81(4)(h) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021 is
              repealed.
          (8) After section 81(4) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
              "(5) Without limiting subsection (4)(ea), a fee
                   specified in a Scheme Coordinator
                   agreement may--
                      (a) differ according to differences in time,
                          place or circumstances; and
                      (b) provide for the cost of performing any
                          or all of the functions or duties related
                          to the administration of the container
                          deposit scheme, including but not
                          limited to the cost of--
                            (i) determining whether to approve
                                an eligible container as a suitable
                                eligible container; or



                                  8
Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

                           (ii) determining whether or not a
                                person is or will be a first supplier
                                of an eligible container in
                                Victoria.
               (6) Nothing in this Part is to be construed as
                   preventing a person with whom the Minister
                   has entered into a Scheme Coordinator
                   agreement from entering into a scheme
                   arrangement before the day on which that
                   person's appointment as the Scheme
                   Coordinator comes into effect.".
      9 Appointment of Scheme Coordinator
               After section 82(7) of the Circular Economy
               (Waste Reduction and Recycling) Act 2021
               insert--
              "(8) A revocation of an appointment of the
                   Scheme Coordinator under subsection (6) or
                   (7) must specify the day on which the
                   appointment is to be revoked.
               (9) The Governor in Council must not appoint a
                   person as the Scheme Coordinator during
                   any period in which the appointment of
                   another person as the Scheme Coordinator is
                   in effect.".
    10 Content of network operator agreements
          (1) In section 90(1)(b) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021, for
              "containers" substitute "suitable eligible
              containers".
          (2) After section 90(2) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
            "(2A) Without limiting subsection (2)(a), a network
                  operator agreement may specify a
                  methodology by applying or incorporating


                                  9
Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

                    any methodology or document approved by
                    the Department--
                      (a) wholly or partially or with or without
                          any modification; or
                      (b) as in force or as issued at a particular
                          time or as in force or as issued from
                          time to time.".
          (3) After section 90(3) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
            "(3A) A network operator agreement must include
                  any prescribed requirements.".
          (4) After section 90(4)(b) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
             "(ba) provide for the exercise by the Minister of a
                   power or function of the network operator
                   under this Act if the network operator fails to
                   exercise that function or power; and".
          (5) In section 90(4)(f) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021, for
              "resolved." substitute "resolved; and".
          (6) After section 90(4)(f) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
              "(g) provide for any other matter agreed to by the
                   parties to the agreement that is not
                   inconsistent with this Act.".




                                 10
Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

          (7) After section 90(4) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
              "(5) Nothing in this Part is to be construed as
                   preventing a person with whom the Minister
                   has entered into a network operator
                   agreement from entering into a scheme
                   arrangement before the day on which that
                   person's appointment as a network operator
                   comes into effect.".
    11 Appointment of network operators
               After section 91(7) of the Circular Economy
               (Waste Reduction and Recycling) Act 2021
               insert--
              "(8) A revocation of an appointment of the
                   network operator under subsection (6) or (7)
                   must specify the day on which the
                   appointment is to be revoked.".
    12 Payments to collection point operators
               In section 97(1)(a) of the Circular Economy
               (Waste Reduction and Recycling) Act 2021, for
               "containers" substitute "suitable eligible
               containers".
    13 Determination of first supplier
          (1) In section 98(1) of the Circular Economy (Waste
              Reduction and Recycling) Act 2021, after
              "supply" insert "a beverage in".
          (2) In section 98(2) of the Circular Economy (Waste
              Reduction and Recycling) Act 2021, for
              "the first supplier" substitute "a first supplier".




                                 11
Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

          (3) In section 98(3) of the Circular Economy (Waste
              Reduction and Recycling) Act 2021--
                (a) for "an eligible container" substitute
                    "a beverage in an eligible container";
                (b) for "the first supplier" substitute "a first
                    supplier".
    14 Application for approval as suitable eligible
       container
          (1) In section 99(1) of the Circular Economy (Waste
              Reduction and Recycling) Act 2021--
                (a) for "The first supplier" substitute "A first
                    supplier";
                (b) after "an eligible container" insert ", or a
                    person who has given notice under
                    section 98(1) in relation to an eligible
                    container,".
          (2) For section 99(2) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              substitute--
              "(2) An application for approval under
                   subsection (1) must be made in accordance
                   with the process approved under
                   subsection (4).".
    15 Material recovery facilities protocol
               In section 103(2)(c) of the Circular Economy
               (Waste Reduction and Recycling) Act 2021, for
               "eligible container" substitute "suitable eligible
               container".
    16 Local government refund sharing protocol
          (1) In section 104(1)(a) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021, for
              "eligible containers services" substitute "suitable
              eligible containers".



                                 12
Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

          (2) In section 104(3) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021, for
              "eligible containers" substitute "suitable eligible
              containers".
    17 Offence to supply beverage without supply
       arrangement with Scheme Coordinator and
       container approval
          (1) In section 110(1) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021--
                (a) for "in a container" substitute "in an eligible
                    container";
                (b) in paragraph (a) omit "in respect of a class of
                    containers to which the container belongs";
                (c) for paragraph (b) substitute--
                     "(b) the eligible container is approved as a
                          suitable eligible container.".
          (2) For section 110(4) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              substitute--
              "(4) Subsection (1) does not apply to any supply,
                   or offer to supply, in relation to which the
                   person is not required to notify the Head,
                   Recycling Victoria under section 98(1).".
    18 Guidelines
               In section 112(1)(b) of the Circular Economy
               (Waste Reduction and Recycling) Act 2021, for
               "the first supplier" substitute "a first supplier".
    19 Civil penalty order
               In the table to section 138(1) of the Circular
               Economy (Waste Reduction and Recycling)
               Act 2021, in items 13 and 17, after "(Offence to
               supply" insert "beverage in".




                                 13
Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

    20 Criminal liability of officers of bodies corporate--
       accessorial liability
               In section 177(2)(d) and (g) of the Circular
               Economy (Waste Reduction and Recycling)
               Act 2021, after "(Offence to supply" insert
               "beverage in".
    21 New heading to Division 1 of Part 9 inserted
               Before section 184 of the Circular Economy
               (Waste Reduction and Recycling) Act 2021
               insert--

                           "Division 1--General".
    22 New section 191A and Division 2 of Part 9 inserted
               After section 191 of the Circular Economy
               (Waste Reduction and Recycling) Act 2021
               insert--
           "191A Transitional provisions--Environment
                 Legislation Amendment (Circular
                 Economy and Other Matters) Act 2023
               (1) Section 81(3A) does not apply to a Scheme
                   Coordinator agreement entered into before
                   the day on which section 8(3) of the
                   Environment Legislation Amendment
                   (Circular Economy and Other Matters)
                   Act 2023 comes into operation.
               (2) Section 90(3A) does not apply to a network
                   operator agreement entered into before the
                   day on which section 10(3) of the
                   Environment Legislation Amendment
                   (Circular Economy and Other Matters)
                   Act 2023 comes into operation.




                                 14
Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

                 Division 2--Environment Legislation
                 Amendment (Circular Economy and
                       Other Matters) Act 2023
             191B Validation of Scheme Coordinator
                  agreement
               (1) Any Scheme Coordinator agreement or part
                   of a Scheme Coordinator agreement in force
                   or purportedly in force immediately before
                   the commencement day is taken to have, and
                   to always have had, the same force and effect
                   as it would if the amendments to section 81
                   made by section 8 of the amending Act had
                   been in operation at the time the agreement
                   or part was entered into or purportedly
                   entered into.
               (2) Without limiting subsection (1), any act or
                   thing done or omitted to be done, directly or
                   indirectly, in reliance on a Scheme
                   Coordinator agreement or under this or any
                   other Act, whether before, on or after the
                   commencement day, is not invalid and is
                   taken to never have been invalid by reason
                   only that, but for subsection (1), the
                   agreement or any part of the agreement was
                   not entered into in accordance with
                   section 81.
               (3) In this section--
                    amending Act means the Environment
                        Legislation Amendment (Circular
                        Economy and Other Matters)
                        Act 2023;
                    commencement day means the day on which
                        section 8 of the amending Act comes
                        into operation.




                                 15
Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

            191C Validation of network operator
                 agreements
               (1) Any network operator agreement or part of a
                   network operator agreement in force or
                   purportedly in force immediately before the
                   commencement day is taken to have, and to
                   always have had, the same force and effect
                   as it would if the amendments to section 90
                   made by section 10 of the amending Act had
                   been in operation at the time the agreement
                   or part was entered into or purportedly
                   entered into.
               (2) Without limiting subsection (1), any act or
                   thing done or omitted to be done, directly or
                   indirectly, in reliance on a network operator
                   agreement or under this or any other Act,
                   whether before, on or after the
                   commencement day, is not invalid and is
                   taken to never have been invalid by reason
                   only that, but for subsection (1), the
                   agreement or any part of the agreement was
                   not entered into in accordance with
                   section 90.
               (3) In this section--
                    amending Act means the Environment
                        Legislation Amendment (Circular
                        Economy and Other Matters)
                        Act 2023;
                    commencement day means the day on which
                        section 10 of the amending Act comes
                        into operation.".




                                 16
Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

    23 Schedule 1--Subject matter for Regulations
          (1) After item 2.1 of Schedule 1 to the Circular
              Economy (Waste Reduction and Recycling)
              Act 2021 insert--
            "2.1A Requirements for determining a fee specified
                  in a Scheme Coordinator agreement under
                  section 81(4)(ea).".
          (2) Item 2.4 of Schedule 1 to the Circular Economy
              (Waste Reduction and Recycling) Act 2021 is
              repealed.
          (3) In item 2.5 of Schedule 1 to the Circular
              Economy (Waste Reduction and Recycling)
              Act 2021, for "the first supplier" substitute
              "a first supplier".

          Division 3--Waste to energy scheme
    24 Issue of cap licences
          (1) For section 74T(1)(a) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              substitute--
              "(a) subject to subsection (3), issue the cap
                   licence, subject to--
                      (i) any condition specified in this Part; and
                      (ii) any terms and conditions that the Head,
                           Recycling Victoria considers
                           appropriate; or".
          (2) In section 74T(3) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021,
              after "74V(b)" insert ", (ba)".




                                 17
Environment Legislation Amendment (Circular Economy and Other Matters)
                               Act 2023
                           No.      of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
                              Act 2021

    25 Conditions on cap licences
          (1) In section 74V of the Circular Economy (Waste
              Reduction and Recycling) Act 2021--
                (a) after "subject to" insert "the following
                    conditions and limitations";
                (b) in paragraph (a) omit "and";
                (c) in paragraph (b) omit "and".
          (2) After section 74V(b) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
              "(ba) the condition that the holder of a cap licence
                    pay any prescribed periodic fee to the Head,
                    Recycling Victoria;".
    26 Issue of existing operator licences
          (1) For section 74Y(1)(a) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              substitute--
              "(a) subject to subsection (4), issue the existing
                   operator licence, subject to--
                      (i) any condition specified in this Part; and
                      (ii) any terms and conditions that the Head,
                           Recycling Victoria considers
                           appropriate; or".
          (2) In section 74Y(4) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021,
              after "74Z(b)" insert ", (ba)".
          (3) In section 74Y(6) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021, for
              "(2)(a)" substitute "(1)(a)".




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    27 Conditions on existing operator licences
          (1) In section 74Z of the Circular Economy (Waste
              Reduction and Recycling) Act 2021--
                (a) after "subject to" insert "the following
                    conditions and limitations";
                (b) in paragraph (a) omit "and";
                (c) in paragraph (b) omit "and".
          (2) After section 74Z(b) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              insert--
             "(ba) the condition that the holder of an existing
                   operator licence pay any prescribed periodic
                   fee to the Head, Recycling Victoria;".
    28 Schedule 1--Subject matter for Regulations
               After item 1A.4 of Schedule 1 to the Circular
               Economy (Waste Reduction and Recycling)
               Act 2021 insert--
          "1A.4A In respect of the periodic fee payable as a
                 condition of a cap licence, prescribing the
                 period to which the fee applies and when the
                 fee is to be paid.
           1A.4B In respect of the periodic fee payable as a
                 condition of an existing operator licence,
                 prescribing the period to which the fee
                 applies and when the fee is to be paid.".

                 Division 4--Miscellaneous
    29 Regulations
               For section 183(2)(c) of the Circular Economy
               (Waste Reduction and Recycling) Act 2021
               substitute--




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              "(c) prescribing fees, including but not limited to
                   variable fees, for determining an application
                   (other than an application under section 99)
                   or accepting a submission under this Act or
                   the regulations;
              (ca) prescribing the method for calculating fees
                   payable under this Act or the regulations for
                   decisions in respect of applications or
                   submissions, whether payable at the time the
                   application or submission is made or at a
                   later time;".
    30 Statute law revision
          (1) In section 74ZB(2)(b) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021
              omit "must".
          (2) In section 74ZG(5) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021, for
              "cancel revoke the revocation of a waste to energy
              licence under subsection (1)" substitute "cancel
              the revocation of a waste to energy licence under
              subsection (4)".
          (3) In section 74ZH(1) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021, for
              "Victoria, revokes" substitute "Victoria revokes".
          (4) In section 80(3) of the Circular Economy (Waste
              Reduction and Recycling) Act 2021, for "the
              Minster" substitute "the Minister".
          (5) In section 89(3) of the Circular Economy (Waste
              Reduction and Recycling) Act 2021, for "the
              Minster" substitute "the Minister".
          (6) In section 147A(6)(b) of the Circular Economy
              (Waste Reduction and Recycling) Act 2021, for
              "Head" substitute "Head,".




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          (7) In the table in section 178(1) of the Circular
              Economy (Waste Reduction and Recycling)
              Act 2021--
                (a) in item 5G, after "holder" insert "of";
                (b) in item 5I, for "holder a cap" substitute
                    "holder of a cap";
                (c) in item 5L, for "holder a waste" substitute
                    "holder of a waste".




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      Part 3--Amendment of Environment
             Protection Act 2017
            Division 1--Financial assurances
    31 New section 218A inserted
               After section 218 of the Environment Protection
               Act 2017 insert--
           "218A Definitions
                    In this Part--
                    impact includes any detrimental effect
                        resulting from a relevant activity or
                        from an action that is ancillary to that
                        activity;
                    material change means a significant change
                        in circumstances that would have a
                        bearing on the assessment of any of the
                        factors set out in section 231C, 231D,
                        231E or 231F or the considerations
                        specified in section 231G;
                    refusal review date means--
                            (a) the date determined under section
                                231I(1); or
                            (b) any later date agreed to or
                                determined under section 231M;
                    relevant activity means the activity to which
                         a prescribed permission, site
                         management order, environmental
                         action notice or Order relating to
                         environmentally hazardous substances
                         relates, as applicable;




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                    significant relevant new information means
                         information relevant to the Authority's
                         assessment of risk in connection with a
                         financial assurance that--
                            (a) has not previously been provided
                                to the Authority or was not
                                available to the Authority; and
                            (b) would have a significant bearing
                                on the assessment of any of the
                                factors set out in section 231C,
                                231D, 231E or 231F or the
                                considerations specified in
                                section 231G--
                          other than information relating to a
                          material change;
                    trigger event means an event specified in
                         section 231A(1)(a), (b), (c) or (d).".
    32 Section 231 substituted and new sections 231A to
       231N inserted
               For section 231 of the Environment Protection
               Act 2017 substitute--
             "231 Release of financial assurance following
                  review or amendment
               (1) If, following a review under section 225, the
                   Authority determines that the financial
                   assurance is no longer required, the
                   Authority must release the financial
                   assurance.
               (2) If the Authority reduces the amount of the
                   financial assurance by amendment under
                   section 226, the Authority must release the
                   part of the financial assurance that is no
                   longer required.




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               (3) The Authority must notify the person who
                   provided the financial assurance in writing if
                   the Authority releases all or part of a
                   financial assurance.
            231A Notice of trigger event
               (1) The following events are trigger events for
                   the purposes of releasing a financial
                   assurance under this Part--
                      (a) if the financial assurance is provided as
                          a condition of a prescribed
                          permission--the person who provided
                          the financial assurance ceases to hold
                          the permission;
                      (b) if the financial assurance is provided as
                          a condition of a site management
                          order--the site management order
                          ceases to apply to the person who
                          provided the financial assurance;
                      (c) if the financial assurance is provided as
                          a condition of an environmental action
                          notice--the notice ceases to apply to
                          the person who provided the financial
                          assurance;
                      (d) if the financial assurance is provided as
                          a condition of an Order relating to
                          environmentally hazardous
                          substances--the Order ceases to apply
                          to the person who provided the
                          financial assurance.
               (2) A person who provided a financial assurance
                   may notify the Authority if a trigger event
                   specified in subsection (1)(a), (b), (c) or (d)
                   occurs.




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             231B Release of financial assurance following
                  trigger event
               (1) Subject to section 231M, within 40 business
                   days after being notified of a trigger event
                   the Authority must--
                      (a) release the financial assurance; or
                      (b) notify the person who provided the
                          financial assurance in writing of the
                          intention of the Authority to refuse to
                          release all or part of the financial
                          assurance under section 231C, 231D,
                          231E or 231F.
               (2) A notice of intention under subsection (1)(b)
                   must invite the person who provided the
                   financial assurance to make a submission on
                   the Authority's intention to refuse to release
                   all or part of the financial assurance--
                      (a) within 20 business days of the date of
                          the notice; or
                      (b) within any other period agreed between
                          the Authority and the person.
               (3) The Authority must consider any submission
                   received under subsection (2) before refusing
                   to release a financial assurance under section
                   231C, 231D, 231E or 231F.
            231C Authority may refuse to release financial
                 assurance--prescribed permission
                    The Authority may refuse to release all or
                    part of a financial assurance to the person
                    who provided it despite the occurrence of a
                    trigger event described in section 231A(1)(a)
                    if--




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                      (a) the reason the person no longer holds a
                          permission is that--
                            (i) a liquidator has disclaimed the
                                person's interest in the permission
                                in accordance with the
                                Corporations Act; or
                           (ii) the person is an insolvent under
                                administration; or
                           (iii) the permission is transferred, sold,
                                 revoked or surrendered, or has
                                 expired; and
                      (b) the Authority--
                            (i) is satisfied, having regard to the
                                considerations specified in
                                section 231G, that it is necessary
                                to retain the financial assurance as
                                security for the costs or expenses
                                of remediation or clean up where
                                there is a significant risk these
                                costs or expenses may be borne by
                                the State or the Authority; or
                           (ii) is entitled to make a claim on the
                                financial assurance under
                                section 227(2).
            231D Authority may refuse to release financial
                 assurance--site management order
                    The Authority may refuse to release all or
                    part of a financial assurance to the person
                    who provided it despite the occurrence of a
                    trigger event described in section 231A(1)(b)
                    if--




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                      (a) the reason a site management order no
                          longer applies to the person is that--
                            (i) the land to which the site
                                management order relates is
                                owned, occupied, managed or
                                controlled by a company that has
                                gone into liquidation and the
                                liquidator has disclaimed the
                                company's interest in the land in
                                accordance with the Corporations
                                Act; or
                           (ii) the person is an insolvent under
                                administration; or
                           (iii) the land to which the site
                                 management order relates is
                                 transferred or sold; or
                           (iv) the person is an occupier but not
                                an owner of the land to which the
                                site management order relates and
                                the person sells, transfers or
                                abandons their interest in the land
                                or otherwise ceases to occupy the
                                land; and
                      (b) the Authority--
                            (i) is satisfied, having regard to the
                                considerations specified in
                                section 231G, that it is necessary
                                to retain the financial assurance as
                                security for the costs or expenses
                                of remediation or clean up where
                                there is a significant risk these
                                costs or expenses may be borne by
                                the State or the Authority; or
                           (ii) is entitled to make a claim on the
                                financial assurance under
                                section 227(2).


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             231E Authority may refuse to release financial
                  assurance--environmental action notice
                    The Authority may refuse to release all or
                    part of a financial assurance to the person
                    who provided it despite the occurrence of a
                    trigger event described in section 231A(1)(c)
                    if--
                      (a) the reason an environmental action
                          notice no longer applies to the person is
                          that--
                            (i) the land or premises to which that
                                notice relates are owned,
                                occupied, managed or controlled
                                by a company that has gone into
                                liquidation and the liquidator has
                                disclaimed the company's interest
                                in the land or premises in
                                accordance with the Corporations
                                Act; or
                           (ii) the person is an insolvent under
                                administration; or
                           (iii) the land or premises to which the
                                 environmental action notice
                                 relates are transferred or sold; or
                           (iv) the person is an occupier but not
                                an owner of the land or premises
                                to which the environmental action
                                notice relates and the person sells,
                                transfers or abandons their interest
                                in the property or otherwise ceases
                                to occupy the property; and
                      (b) the Authority--
                            (i) is satisfied, having regard to the
                                considerations specified in
                                section 231G, that it is necessary



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                                to retain the financial assurance as
                                security for the costs or expenses
                                of remediation or clean up where
                                there is a significant risk these
                                costs or expenses may be borne by
                                the State or the Authority; or
                           (ii) is entitled to make a claim on the
                                financial assurance under
                                section 227(2).
             231F Authority may refuse to release financial
                  assurance--Order relating to
                  environmentally hazardous substances
                    The Authority may refuse to release all or
                    part of a financial assurance to the person
                    who provided it despite the occurrence of a
                    trigger event described in section 231A(1)(d)
                    if the Authority--
                      (a) is satisfied, having regard to the
                          considerations specified in
                          section 231G, that it is necessary to
                          retain the financial assurance as
                          security for the costs or expenses of
                          remediation or clean up where there is a
                          significant risk these costs or expenses
                          may be borne by the State or the
                          Authority, because--
                            (i) the risk of contamination of land,
                                personal property, waters or
                                premises from the
                                environmentally hazardous
                                substance that is the subject of the
                                Order remains; or
                           (ii) a clean up is likely to be required
                                due to the impact of the
                                environmentally hazardous
                                substance that is the subject of the



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                                Order on land, personal property,
                                waters or premises; or
                      (b) is entitled to make a claim on the
                          financial assurance under
                          section 227(2).
            231G Specified considerations to which
                 Authority must have regard
                    For the purposes of sections 231C(b)(i),
                    231D(b)(i), 231E(b)(i), 231F(a) and
                    232(2B)(a)(i) and (b)(i), the following
                    considerations are specified--
                      (a) the likelihood that clean up or
                          remediation will be required, having
                          regard to the nature of the relevant
                          activity;
                      (b) the nature, duration, extent and costs of
                          any remediation or clean up required
                          under this Act or the regulations in
                          relation to the relevant activity;
                      (c) the likelihood of any party other than
                          the State or the Authority conducting
                          clean up or remediation activities or
                          bearing the costs or expenses of clean
                          up or remediation for the relevant
                          activity;
                          Example
                          If the relevant activity relates to land, premises,
                          personal property or a leasehold interest which
                          has been sold or transferred to another person,
                          the Authority must consider whether the person
                          to whom that interest was transferred is likely
                          to provide a financial assurance, and if so, the
                          amount of that financial assurance.
                      (d) the extent to which contamination,
                          pollution or waste resulting from the
                          relevant activity may cause risk to



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                          human health and the environment,
                          having regard to the nature or location
                          of the relevant activity;
                      (e) whether the full extent of any
                          contamination, pollution, waste or
                          environmental impacts resulting from
                          the relevant activity is likely or unlikely
                          to be discoverable until a future date;
                      (f) any failures by the person who
                          provided the financial assurance or a
                          related entity of that person to comply
                          with this Act, the regulations, or the
                          conditions of any permission, site
                          management order, environmental
                          action notice, or Order relating to
                          environmentally hazardous substances;
                      (g) any prescribed considerations.
            231H Timing of decision to refuse to release
                 financial assurance following trigger event
               (1) Subject to section 231M, a decision whether
                   or not to release a financial assurance under
                   section 231C, 231D, 231E or 231F must be
                   made within 40 business days of the earlier
                   of the following days--
                      (a) the day on which a submission under
                          section 231B(2) is received;
                      (b) the day on which a notice from the
                          person who provided the financial
                          assurance is received, stating that a
                          submission will not be made;
                      (c) the day on which a submission under
                          section 231B(2) is due, including any
                          agreed extension.




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               (2) The Authority may require the person who
                   provided the financial assurance to provide
                   the Authority with any information that the
                   Authority considers necessary.
               (3) The time in which the Authority must make
                   a decision under section 231C, 231D, 231E
                   or 231F does not include--
                      (a) if the Authority requires information
                          under subsection (2), 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
                          person who provided the financial
                          assurance agree is not to be included in
                          that time.
               (4) Within 5 business days of making a decision
                   to refuse to release all or part of the financial
                   assurance under section 231C, 231D, 231E
                   or 231F, the Authority must notify the
                   following persons in writing--
                      (a) the person who provided the financial
                          assurance;
                      (b) any prescribed persons.
             231I Review of refusal to release financial
                  assurance--date for commencing review
               (1) If the Authority refuses to release all or part
                   of a financial assurance under any of the
                   following sections, the Authority must
                   determine a date by which the Authority will
                   commence a review of that refusal--
                      (a) section 231C;
                      (b) section 231D;
                      (c) section 231E;


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                      (d) section 231F;
                      (e) section 231L;
                      (f) section 232(4)(a), if the refusal relates
                          to an application that was made after a
                          trigger event and that was assessed
                          under section 232(2A) or (2B).
               (2) The refusal review date must be--
                      (a) a date agreed by the parties; or
                      (b) if the parties have not agreed on a date,
                          a date no later than 5 years after the day
                          on which the Authority refuses to
                          release all or part of the financial
                          assurance under section 231C, 231D,
                          231E, 231F, 231L or 232(4)(a).
               (3) In addition to any review scheduled under
                   this section, the Authority may review the
                   refusal to release the financial assurance in
                   accordance with sections 231J, 231K and
                   231L if--
                      (a) information is given to the Authority
                          that indicates there has been a material
                          change since the Authority refused to
                          release all or part of the financial
                          assurance; and
                      (b) the Authority considers there is a
                          reasonable likelihood that the new
                          information could change the
                          Authority's assessment as to whether or
                          not to release the financial assurance.




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             231J Review of refusal to release financial
                  assurance--notice of intention
                    On or before the refusal review date, the
                    Authority must--
                      (a) in writing, notify the person who
                          provided a financial assurance that the
                          Authority--
                            (i) is considering whether or not to
                                release the financial assurance; or
                           (ii) intends to refuse to release all or
                                part of the financial assurance;
                                and
                      (b) invite the person who provided the
                          financial assurance to make a
                          submission setting out any significant
                          relevant new information or any
                          material change that has occurred since
                          the Authority refused to release all or
                          part of the financial assurance--
                            (i) within 20 business days of the
                                date of the notice; or
                           (ii) within any other period agreed
                                between the Authority and the
                                person.
            231K Review of refusal to release financial
                 assurance--matters to consider before
                 making decision
               (1) If the Authority has received a submission
                   under section 231J, the Authority must
                   consider whether or not the submission--
                      (a) sets out significant relevant new
                          information; or
                      (b) demonstrates that a material change has
                          occurred.


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               (2) The Authority must consider any submission
                   received under section 231J before making a
                   decision under section 231L(1).
               (3) The Authority may refuse to release all or
                   part of the financial assurance under section
                   231L(1) without considering any further
                   matters if--
                      (a) the Authority considers that the
                          submission does not set out significant
                          relevant new information or
                          demonstrate that a material change has
                          occurred; or
                      (b) no submission is received.
               (4) If the Authority considers that the
                   submission sets out significant relevant new
                   information or demonstrates that a material
                   change has occurred, the Authority must
                   consider--
                      (a) whether the Authority may refuse to
                          release all or part of the financial
                          assurance under section 231C, 231D,
                          231E or 231F, as the case requires; and
                      (b) the questions of causation and
                          remoteness of any pollution, harm or
                          contamination occurring after a trigger
                          event described in section 231A(1),
                          affecting land, personal property,
                          waters or premises.
             231L Review of refusal to release financial
                  assurance--decision and timing
               (1) Subject to section 231M, the Authority must
                   decide whether or not to refuse to release all
                   or part of the financial assurance within
                   40 business days of the earlier of the
                   following days--



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                      (a) the day on which a submission under
                          section 231J(b) is received;
                      (b) the day on which a notice from the
                          person who provided the financial
                          assurance is received, stating that a
                          submission will not be made;
                      (c) the day on which a submission under
                          section 231J(b) is due, including any
                          agreed extension.
               (2) The Authority may require the person who
                   provided the financial assurance to provide
                   the Authority with any information that the
                   Authority considers necessary.
               (3) The time in which the Authority must make
                   a decision under subsection (1) does not
                   include--
                      (a) if the Authority requires information
                          under subsection (2), 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
                          person who provided the financial
                          assurance agree is not to be included in
                          that time.
               (4) Within 5 business days of making a decision
                   under subsection (1), the Authority must
                   notify the following persons in writing--
                      (a) the person who provided the financial
                          assurance;
                      (b) any prescribed persons.
               (5) There is no limit to the number of times a
                   financial assurance may be reconsidered and
                   all or part of its release refused under this



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                    section before any expiry date set out in the
                    financial assurance is reached.
            231M Extension of time
               (1) The Authority may--
                      (a) reach an agreement with the person
                          who provided the financial assurance
                          to--
                            (i) extend a period specified in
                                section 231B(1), 231H(1),
                                231L(1) or 232(5); or
                           (ii) select a new date by which the
                                Authority will commence a review
                                of a refusal to release all or part of
                                a financial assurance under section
                                231C, 231D, 231E, 231F, 231L or
                                232(4)(a) (if the refusal relates to
                                an application that was made after
                                a trigger event and that was
                                assessed under section 232(2A) or
                                (2B)); or
                      (b) apply to VCAT for--
                            (i) an extension of a period specified
                                in section 231B(1), 231H(1),
                                231L(1) or 232(5); or
                           (ii) the determination of a new date by
                                which the Authority will
                                commence a review of a refusal to
                                release all or part of a financial
                                assurance under section 231C,
                                231D, 231E, 231F, 231L or
                                232(4)(a) (if the refusal relates to
                                an application that was made after
                                a trigger event and that was
                                assessed under section 232(2A) or
                                (2B)).



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               (2) On an application under subsection (1)(b),
                   VCAT, as the case requires--
                      (a) may refuse to grant the extension or
                          make the determination; or
                      (b) may--
                            (i) grant an extension for any period
                                that VCAT considers reasonable
                                in the circumstances; or
                           (ii) determine a new date that VCAT
                                considers reasonable in the
                                circumstances.
               (3) If VCAT refuses to grant the Authority's
                   application--
                      (a) in relation to the period specified in
                          section 231B(1), 231H(1), 231L(1) or
                          232(5), the Authority must make the
                          decision under that section within the
                          later of the following--
                            (i) the period specified in that
                                section;
                           (ii) 20 business days after VCAT's
                                decision; or
                      (b) in relation to the date by which the
                          Authority will commence a review of a
                          refusal the Authority must comply with
                          the date determined under
                          section 231I--
                    unless a stay is granted under section 149 of
                    the Victorian Civil and Administrative
                    Tribunal Act 1998 to allow the Authority to
                    appeal to the Supreme Court.




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            231N Failure to make decision
                      If the period (including any relevant
                      extensions of the period) for the Authority to
                      take action under any of the following
                      sections lapses without the Authority taking
                      that action, the Authority is taken to have
                      refused to make a decision--
                       (a) section 231B;
                       (b) section 231H;
                       (c) section 231J;
                       (d) section 231L;
                       (e) section 232(5).
               Note
               The person who provided the financial assurance may apply
               to VCAT for review of a failure to release the financial
               assurance within the period during which the Authority must
               determine the application--see section 4(2) of the Victorian
               Civil and Administrative Tribunal Act 1998.".
    33 Application for release of financial assurance
          (1) After section 232(1) of the Environment
              Protection Act 2017 insert--
            "(1A) If an application under subsection (1) relates
                  to a financial assurance that the Authority
                  has refused to release (in whole or in part)
                  under section 231C, 231D, 231E or 231F, or
                  under section 231L following a review of a
                  refusal under one of those sections, the
                  application must set out--
                       (a) significant relevant new information; or
                       (b) demonstrate that a material change has
                           occurred.".




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          (2) For section 232(2) of the Environment
              Protection Act 2017 substitute--
               "(2) In considering an application under
                    subsection (1), other than an application
                    referred to in subsection (1A), the Authority
                    must have regard to the prescribed risk
                    assessment criteria.
             (2A) In considering an application referred to in
                  subsection (1A), the Authority must consider
                  whether or not the application--
                      (a) sets out significant relevant new
                          information; or
                      (b) demonstrates that a material change has
                          occurred--
                    and may refuse to release all or part of the
                    financial assurance without considering any
                    further matters if the Authority considers that
                    the application does not set out significant
                    relevant new information or demonstrate that
                    a material change has occurred.
              (2B) If the Authority considers that an application
                   referred to in subsection (1A) sets out
                   significant relevant new information or
                   demonstrates that a material change has
                   occurred, the Authority must consider--
                      (a) in the case of an application in relation
                          to a financial assurance that the
                          Authority has refused to release
                          (in whole or in part) under section
                          231C, 231D or 231E, or under section
                          231L following a review of a refusal
                          under one of those sections, whether
                          the Authority--




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                            (i) is satisfied, having regard to the
                                considerations specified in
                                section 231G, that it is necessary
                                to retain the financial assurance as
                                security for the costs or expenses
                                of remediation or clean up where
                                there is a significant risk these
                                costs may be borne by the State or
                                the Authority; or
                           (ii) is entitled to make a claim on the
                                financial assurance under
                                section 227(2); or
                      (b) in the case of an application in relation
                          to a financial assurance that the
                          Authority has refused to release
                          (in whole or in part) under
                          section 231F, or under section 231L
                          following a review of a refusal under
                          section 231F, whether the Authority--
                            (i) is satisfied, having regard to the
                                considerations specified in
                                section 231G, that it is necessary
                                to retain the financial assurance as
                                security for the costs or expenses
                                of remediation or clean up where
                                there is a significant risk these
                                costs or expenses may be borne by
                                the State or the Authority,
                                because--
                                 (A) the risk of contamination of
                                     land, personal property,
                                     waters or premises from the
                                     environmentally hazardous
                                     substance that is the subject
                                     of the Order remains; or




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                                 (B) a clean up is likely to be
                                     required due to the impact of
                                     the environmentally
                                     hazardous substance that is
                                     the subject of the Order on
                                     land, personal property,
                                     waters or premises; or
                           (ii) is entitled to make a claim on the
                                financial assurance under
                                section 227(2).".
          (3) In section 232(3)(b) of the Environment
              Protection Act 2017, for "(2)(b)" substitute
              "(5)".
          (4) After section 232(3) of the Environment
              Protection Act 2017 insert--
              "(4) After considering an application under
                   subsection (1), the Authority may--
                      (a) refuse to release all or part of the
                          financial assurance; or
                      (b) release all of the financial assurance.
               (5) Subject to section 231M, the Authority must
                   notify the following persons in writing
                   within 40 business days after the date on
                   which the application is received of the
                   Authority's decision under subsection (4)--
                      (a) the person who provided the financial
                          assurance;
                      (b) any prescribed persons.".
    34 Decisions reviewable by VCAT
          (1) In the table to section 430(4) of the Environment
              Protection Act 2017, in item 29, for "Person
              required to provide financial assurance"
              substitute "Person who provided financial
              assurance".


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          (2) In the table to section 430(4) of the Environment
              Protection Act 2017, in item 30, for
              "Person required to provide financial assurance"
              substitute "Person who provided financial
              assurance".
          (3) In the table to section 430(4) of the Environment
              Protection Act 2017, for item 31 substitute--
               "30A.         231C           Person who provided
                                            financial assurance
               30B.          231D           Person who provided
                                            financial assurance
               30C.          231E           Person who provided
                                            financial assurance
               30D.          231F           Person who provided
                                            financial assurance
               30E.          231L           Person who provided
                                            financial assurance
               31.           232(4)         Person who provided
                                            financial assurance".


        Division 2--Miscellaneous amendments
    35 Definitions
          (1) In section 3(1) of the Environment Protection
              Act 2017 insert the following definitions--
               "designated place has the same meaning as in the
                    Victoria Police Act 2013;
               police premises has the same meaning as in the
                    Victoria Police Act 2013;
               protective services officer has the same meaning
                    as in the Victoria Police Act 2013;
               vehicle inspection notice means a notice under
                    section 269A(1);".




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          (2) In section 3(1) of the Environment Protection
              Act 2017, in the definition of litter enforcement
              officer, for paragraph (f) substitute--
               "(f) a protective services officer who is on duty
                    at a designated place or in the vicinity of
                    police premises; or
               (fa) in relation to any land or waters managed
                    under a relevant law (within the meaning of
                    the Conservation, Forests and Lands
                    Act 1987), a person appointed under Part 3
                    of the Game Management Authority
                    Act 2014; or".
          (3) In section 3(1) of the Environment Protection
              Act 2017, for the definition of unreasonable
              noise substitute--
               "unreasonable noise means noise that is--
                      (a) unreasonable having regard to the
                          following--
                            (i) its volume, intensity or duration;
                           (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; or
                      (b) prescribed to be unreasonable noise--
                          but does not include noise prescribed
                          not to be unreasonable noise;".




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    36 Definition
               In section 49A of the Environment Protection
               Act 2017, after paragraph (f) of the definition of
               relevant permission application insert--
             "(fa) an application under section 80 for an
                   exemption from the application of
                   section 45; or".
    37 Protection against self-incrimination
               After section 268(2) of the Environment
               Protection Act 2017 insert--
              "(3) Despite subsection (1), it is not a reasonable
                   excuse for a natural person to refuse or fail to
                   make a vehicle available for inspection as
                   required under this Part if making the vehicle
                   available for inspection would tend to
                   incriminate the person.".
    38 New sections 269A and 269B inserted
               After section 269 of the Environment Protection
               Act 2017 insert--
           "269A Authority may require vehicle to be made
                 available for inspection
               (1) The Authority may serve a notice on a
                   person who is the registered owner of, or is
                   apparently in lawful possession of, a relevant
                   vehicle, requiring the person to make the
                   relevant vehicle available for measurement,
                   inspection and testing by an authorised
                   officer to determine whether or not--
                      (a) the person has contravened a provision
                          of this Act or the regulations in relation
                          to the relevant vehicle; or
                      (b) there is a risk of harm to human health
                          or the environment from pollution or
                          waste in relation to the relevant vehicle.


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               (2) A vehicle inspection notice must be in
                   writing and must set out--
                      (a) the name of the person on whom it is
                          served; and
                      (b) the relevant vehicle in relation to which
                          it is served; and
                      (c) the reason the relevant vehicle is to be
                          inspected; and
                      (d) the actions that need to be taken to
                          comply with the notice; and
                      (e) the time and date of the inspection,
                          which must be reasonable in the
                          circumstances; and
                      (f) the place of the inspection, which must
                          be reasonable in the circumstances; and
                      (g) the period during which the relevant
                          vehicle will be kept by the Authority;
                          and
                      (h) the penalty for failure to comply with
                          the notice.
               (3) The Authority may revoke or amend a
                   vehicle inspection notice by written notice
                   given to the person on whom the vehicle
                   inspection notice was served.
               (4) A person who is served with a vehicle
                   inspection notice may request the Authority
                   to amend a requirement set out in the notice
                   relating to any of the following--
                      (a) the time of the inspection;
                      (b) the place of the inspection;
                      (c) the period for which the relevant
                          vehicle will be required.




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               (5) In this section--
                    relevant vehicle means the following--
                            (a) a motor vehicle;
                            (b) a vehicle other than a motor
                                vehicle used to transport
                                reportable priority waste.
             269B Failure to present vehicle for inspection
               (1) A person who is served with a vehicle
                   inspection notice must present the vehicle for
                   inspection at the time, date and place
                   specified in the notice, unless the person has
                   a reasonable excuse.
                    Penalty: In the case of a natural person,
                             60 penalty units;
                                In the case of a body corporate,
                                300 penalty units.
               (2) The Authority may apply to the Court for an
                   order compelling a person to comply with a
                   vehicle inspection notice.".
    39 Notice to investigate
               After section 273(4) of the Environment
               Protection Act 2017 insert--
              "(5) A person in management or control of land
                   may recover in a court of competent
                   jurisdiction, as a debt due to the person, any
                   reasonable costs incurred in complying with
                   a notice to investigate, including any
                   reasonable costs incurred by the person in
                   taking action under this section, against any
                   person responsible for causing or
                   contributing to the relevant circumstances.".




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    40 Environmental action notice
               In section 274(6) of the Environment Protection
               Act 2017, for "contamination of the land"
               substitute "the relevant circumstances".
    41 Site management orders
               In section 275(11) of the Environment
               Protection Act 2017, after "contamination of the
               land" insert "or harm or the risk of harm to human
               health or to the environment from pollution or
               waste".
    42 Cost recovery powers
               In section 297(5) of the Environment
               Protection Act 2017, for "Chapter 5"
               substitute "Division 7A of Part 5.6".
    43 Displacement of other laws
               In section 297A of the Environment
               Protection Act 2017, for "Chapter 5"
               substitute "Division 7A of Part 5.6".
    44 Reports and certificates
               After section 337(4) of the Environment
               Protection Act 2017 insert--
            "(4A) A protective services officer who observes a
                  motor vehicle while the officer is on duty at
                  a designated place or on duty on or in the
                  vicinity of police premises may sign a report
                  to the effect that the motor vehicle did not
                  comply with a provision of this Act or the
                  regulations.".
    45 Liability of officers of bodies corporate--failure to
       exercise due diligence
               In section 349(2)(m) of the Environment
               Protection Act 2017, for "290(1)" substitute
               "290(3)".



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    46 Delegation
               In section 437(1) of the Environment Protection
               Act 2017, after "under this Act" insert "or any
               other Act".
    47 New Part 14.9 inserted
               After Part 14.8 of the Environment Protection
               Act 2017 insert--

                           "Part 14.9--Interest
            463A Authority may charge interest on unpaid
                 fees
               (1) The Authority may require a person to pay
                   interest on a fee prescribed under a provision
                   specified in subsection (2)--
                      (a) which that person owes to the
                          Authority; and
                      (b) which has not been paid within one
                          month after the fee became due and
                          payable.
               (2) The following provisions are specified--
                      (a) section 50A;
                      (b) section 55;
                      (c) section 90A;
                      (d) section 157A;
                      (e) section 181A;
                      (f) section 277A;
                      (g) section 459AA.




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               (3) The interest--
                      (a) is to be calculated at the rate fixed
                          under section 2 of the Penalty Interest
                          Rates Act 1983 that applied on the day
                          on which the fee was due to be paid;
                          and
                      (b) continues to be payable until the
                          payment or recovery of the fee.".
    48 Statute law revision--Part 17.1
               In section 503 of the Environment Protection
               Act 2017 (where secondly occurring), for "503"
               substitute "503A".




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Environment Legislation Amendment (Circular Economy and Other Matters)
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                           No.      of 2023
                        Part 4--Repeal of this Act



                Part 4--Repeal of this Act
    49 Repeal of this Act
                This Act is repealed on 1 October 2025.
         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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                             No.      of 2023
                                        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 to
      further provide for matters relating to the container deposit scheme, the
      waste to energy scheme and the recovery of regulatory costs for those
      schemes and to amend the Environment Protection Act 2017 to improve
      the operation of that Act and for other purposes."




                 By Authority. Government Printer for the State of Victoria.




                                            52


 


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