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

For the purposes of section 74X(3)(b) of the Act, an application under section 74X(1) of the Act must be in writing.

For the purposes of section 74X(3)(c) of the Act, the prescribed information to be contained in an application under section 74X(1) of the Act is—

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 establishes that—

the applicant is an existing operator; and

some or all of the waste authorised to be processed by the existing operator is permitted waste; 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 (b)(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 (b)(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 (b)(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 (b)(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

any information on the following—

the applicant's greenhouse gas emissions associated with the existing facility, and any likely climate change impact;

the existing facility's proposed greenhouse gas mitigation measures;

an assessment of the impacts and risks climate change poses to the existing facility and measures to be implemented to manage any such risks;

the applicant's technology and thermal waste to energy process to be, or being, used in the existing facility;

the applicant's waste to be, or being, processed at the waste to energy facility, energy output and utilisation;

the applicant's approach to community engagement; 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 74X(3)(d) of the Act, the prescribed fee is 780 fee units.