Circular Economy (Waste Reduction and Recycling) (Waste to Energy Scheme) Regulations 2023

For the purposes of section 74ZI(2)(a) of the Act, an application under section 74ZI(1) of the Act is made in the prescribed form and manner if it contains—

written consent from the holder of the waste to energy licence in relation to the making of the application; and

the applicant's name, address and photographic proof of identity; and

if the applicant is not a natural person, a written statement that specifies—

any Australian Company Number or Australian Business Number; and

the address of the business, company or entity; and

the name and number of any directors, chief executive officer, chief financial officer, secretary or other officer who has control or substantial control over the management of the business, company or entity; and

any information that goes to whether the applicant, and if the applicant is not a natural person, the person or persons identified in paragraph (c)(iii), is a fit and proper person; and

whether the applicant, and if the applicant is not a natural person, the person or persons identified in paragraph (c)(iii), has been found guilty of an offence against the Act, any regulations under the Act, or the Corporations Act; and

whether the applicant, and if the applicant is not a natural person, the person or persons identified in paragraph (c)(iii), has, within the preceding 10 years, been found guilty of—

an indictable offence; or

an offence that, if committed in Victoria, would constitute an indictable offence; or

an offence involving fraud or dishonesty; or

an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (iii); or

an offence against a law of Victoria, another State or a Territory, or the Commonwealth that regulates the supply of energy; and

whether the applicant, and if the applicant is not a natural person, the person or persons identified in paragraph (c)(iii), is charged with an offence described in paragraph (f) and the charge has not been finally dealt with; and

whether the applicant—

is an insolvent under administration; or

is an externally-administered company under the Corporations Act; or

has failed to comply with an order of any court or tribunal; and

if the applicant is a natural person, whether the applicant has ever previously had a waste to energy licence, or a licence, permit or permission (however described) suspended, revoked or disqualified under the Act, the Environment Protection Act 2017 or any other law in or outside Victoria in relation to waste to energy, or waste and recycling, and, if so, details of the suspension, revocation or disqualification; and

if the applicant is not a natural person, whether the applicant and any officer of the applicant or of another body corporate that has or had one or more officers in common with the applicant has ever previously had a waste to energy licence, or a licence, permit or permission (however described) suspended, revoked or disqualified under the Act, the Environment Protection Act 2017 or any other law in or outside Victoria in relation to waste to energy, or waste and recycling, and, if so, details of the suspension, revocation or disqualification; and

a copy of any existing waste processing authority held by the applicant with respect to the existing facility, including any modifications or variations to the existing waste processing authority; and

details of any application for any other permit or licence under the Act, the Environment Protection Act 2017, the Planning and Environment Act 1987 or any other law in or outside Victoria in relation to waste to energy, or waste and recycling with respect to the existing facility and, if the application was determined, the details of the determination; and

a statement signed by the applicant confirming that the information contained in the application is, to the best of the applicant's knowledge, true and correct.

For the purposes of section 74ZI(2)(b) of the Act, the prescribed fee is 780 fee units.

For the purposes of section 74ZI(4)(a) of the Act, the prescribed matters are the following—

information provided in the application to transfer a waste to energy licence to the applicant under subregulation (1);

whether the applicant has made a previous application to transfer a waste to energy licence, and if that application was determined, the details of the determination;

any relevant information held by the Authority in relation to the applicant regarding—

any non-compliance by the applicant with any development licence in relation to the thermal waste to energy facility; or

any non-compliance by the applicant with any operating licence in relation to the thermal waste to energy facility.