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

For the purposes of section 74N(1) of the Act, waste prescribed not to be permitted waste is waste biomass other than those specified in regulation 6(a) or processed in a manner specified in regulation 7(b).

For the purposes of section 74N(2)(c) of the Act, municipal solid waste that is municipal residual waste (other than municipal food organics and garden organics and municipal recycling material) that has undergone source separation is prescribed to be permitted waste.

For the purposes of section 74N(3)(b) of the Act, the operator of a thermal waste to energy facility must show that it is not technically, environmentally or economically practicable to further reuse or recycle, or to extract further resources or material, from the industrial waste by—

demonstrating that a technology or process does not exist that could sort or recycle the waste; or

demonstrating that the reuse or recycling of the waste is prohibited by this Act or any other Act; or

performing an assessment that compares the environmental impacts of reusing or recycling the industrial waste with the environmental costs of recovering thermal energy from that waste; or

performing an economic analysis that demonstrates that the financial costs of available options to reuse or recycle the waste (including transportation costs) are disproportionate to the environmental, social and economic benefits of reusing or recycling the waste.