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reg 10C

Issue of cap licences

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Part 3ACap licences

10C Issue of cap licences

(1)

For the purposes of section 74T(2)(a) of the Act, the prescribed matters are the following—

(a)

information provided in the applicant's expression of interest to apply for a cap licence or an increase in the allocated cap amount specified in a cap licence;

(b)

information provided in the application for a cap licence;

(c)

if the application relates to a critical waste infrastructure project specified in Column 2 of the table in Schedule 1, the desirability of that project meeting the corresponding critical need specified in Column 3 of the table in Schedule 1 through the operation of waste to energy facilities related to that project;

(d)

the extent to which the facility would contribute to an efficient waste infrastructure system, including by reason of the facility's proximity to—

(i)

sources of suitable feedstock; and

(ii)

offtake destinations for energy and other output products;

(e)

the commercial viability of the facility, having regard to the following—

(i)

any commercial milestones achieved in relation to the facility;

(ii)

any remaining commercial milestones in relation to the facility and when the applicant expects to achieve them;

(iii)

details of any feedstock agreements the applicant has obtained;

(iv)

details of any feedstock agreements the applicant is seeking and when the applicant expects to obtain them;

(v)

details of any energy or by‑product offtake agreements the applicant has obtained;

(vi)

details of any energy or by‑product offtake agreements the applicant is seeking and when the applicant expects to obtain them;

(vii)

any other matter relevant to the commercial viability of the facility;

Reg. 10C(1)(f) amended by S.R. No. 93/2026 reg. 7(1).

(f)

any relevant information held by the Authority regarding whether the applicant has obtained environmental, planning, safety and other permits or licences associated with operating or developing the facility;

(g)

any economic benefits associated with the facility, including employment opportunities created by the construction and operation of the facility;

(h)

the energy outputs and offtakes of the facility and how the outputs and offtakes contribute to efficient energy fuels or products.

Reg. 10C(2) amended by S.R. No. 93/2026 reg. 7(2).

(2)

For the purposes of section 74T(2)(c) of the Act, the Authority, by written notice, may request any further information in relation to the matters specified in subregulation (1) if the Authority considers that the information is necessary to enable the Authority to determine whether to issue or refuse to issue a cap licence.

(3)

A notice under subregulation (2) must specify—

(a)

the information required to be provided; and

Reg. 10C(3)(b) amended by S.R. No. 93/2026 reg. 7(3).

(b)

the date by which the information must be provided to the Authority.

Part 4—Amendment, suspension, revocation and transfer of waste to energy licences

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Section 10C — Issue of cap licences — Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023 (Victoria) — Barrister AI