CIRCULAR ECONOMY (WASTE REDUCTION AND RECYCLING) ACT 2021
Table of Provisions
PART 1--PRELIMINARY
Division 1--Purposes and commencement
Division 2--Interpretation
- 3 Definitions
- 4 What is a waste, recycling or resource recovery service?
- 5 Objective
- 6 Principles of waste reduction, recycling and resource recovery
- 7 Effect of this Division
- 8 Circular economy hierarchy
- 9 Principle of equity
- 10 Principle of shared responsibility
- 11 Integrated decision-making
- 12 Principles of transparency and accountability
- 13 Risk management, proportionality and the precautionary principle
Division 3--Application
- 14 Application to the Crown
PART 2--HEAD, RECYCLING VICTORIA
Division 1--Administration
- 15 Head, Recycling Victoria
- 16 Functions of the Head, Recycling Victoria
- 17 Powers of the Head, Recycling Victoria
- 18 Head, Recycling Victoria subject to general direction of the Minister
- 19 Staff
- 20 Delegation by the Head, Recycling Victoria
- 21 Strategic plan
- 22 Annual report
Division 2--Exemptions by Head, Recycling Victoria
- 23 Power of the Head, Recycling Victoria to exempt
- 24 Application for exemption
- 25 Amendment or revocation of exemption
- 26 Application for amendment of exemption
- 27 Notice of exemption given to class of person
- 28 Person to whom exemption applies must notify Head, Recycling Victoria if unable to comply with any condition
- 29 Person to whom exemption applies must comply with any condition
Division 3--Inquiries by Head, Recycling Victoria
- 30 Inquiries by Head, Recycling Victoria
- 31 Conduct of an inquiry
- 32 Final report of Head, Recycling Victoria following inquiry
Division 3A--Market strategies and reporting
- 32A Submission of market strategies
- 32B Publication of market strategy
- 32C Market report
Division 4--Declared regions
- 33 Head, Recycling Victoria may declare regions
- 34 Procedure for declaring regions
- 35 When declaration takes effect
Division 5--Engagement
- 36 Charter of Engagement
Division 6--Advisory committees
Division 7--Recycling Victoria Fund
- 37AA Recycling Victoria Fund
- 37AB Payments into and from the Container Deposit Scheme account
- 37AC Payments into and from the Waste to Energy Scheme account
PART 2A--VICTORIAN RECYCLING INFRASTRUCTURE PLAN (VRIP)
Division 1--Preliminary
Division 2--Inaugural VRIP
- 37C Head, Recycling Victoria to prepare inaugural VRIP
- 37D Draft inaugural VRIP
- 37E Consultation on draft inaugural VRIP
- 37F First revised draft inaugural VRIP
- 37G Second revised draft inaugural VRIP
- 37H Approval of inaugural VRIP
- 37I Gazettal and publication of inaugural VRIP
Division 3--Further VRIPs
- 37J Head, Recycling Victoria to prepare VRIP
- 37K Draft VRIP
- 37L Consultation on draft VRIP
- 37M First revised draft VRIP
- 37N Second revised draft VRIP
- 37O Approval of VRIP
- 37P Gazettal and publication of VRIP
Division 4--Amendments to VRIP
- 37Q Head, Recycling Victoria to prepare amendments to VRIP
- 37R Draft amendments
- 37S Consultation on draft amendments
- 37T Revised draft amendments
- 37U Approval of amendments
- 37V Gazettal and publication of amendments
- 37W Waiver of certain requirements in this Division
Division 5--Review of VRIP
Division 6--Miscellaneous
PART 3--DATA COLLECTION
Division 1--Reporting requirements of regular reporting entities and occasional reporting entities
- 38 Regular reporting entity must give certain information to Head, Recycling Victoria
- 39 Direction to provide additional information—regular reporting entity
- 40 Collection and retention of information by occasional reporting entity
- 41 Direction to give information—occasional reporting entity
- 42 Direction to provide additional information—occasional reporting entity
- 43 Guidelines in relation to form and manner of information
Division 2--Exemption from reporting requirements
- 44 General exemption from reporting requirements
- 45 Exemption for individual reporting entity from reporting requirements
- 46 Renewal of exemption for individual reporting entity
- 47 Amendment or revocation of exemption on initiative of Head, Recycling Victoria
- 48 Application for amendment of exemption
- 49 Reporting entity to whom exemption applies must notify Head, Recycling Victoria if unable to comply with any condition
Division 3--Information sharing and reporting
- 50 Head, Recycling Victoria may collect, use, disclose or publish information
- 51 Centralised data and information system
- 52 Publication of information and reports
- 53 Preparation of reports by Head, Recycling Victoria
- 54 Minister may direct Head, Recycling Victoria to prepare a report
- 55 Unauthorised disclosure of confidential information
PART 4--PROCUREMENT
- 56 Procurement agreements between the Head, Recycling Victoria and councils and Alpine Resorts Victoria
- 57 Head, Recycling Victoria may provide councils or Alpine Resorts Victoria with procurement advice and support
- 58 Procurement guidelines
- 59 Matters the Head, Recycling Victoria must take into account
PART 5--WASTE AND RECYCLING SERVICES
Division 1--Mandatory service provision by councils
- 60 Councils and Alpine Resorts Victoria to provide municipal residual waste and municipal recycling services
Division 2--Mandatory sorting by entities
Division 3--Service standards
- 62 Preparation of service standards
- 63 Making of service standards
- 64 Review of service standards
- 65 Notice of proposal to make, amend or revoke service standards
- 66 Minister must consider advice
- 67 Minister may make, amend or revoke a service standard
- 68 Minister may request review of service standards
- 69 Offence to refuse or fail to comply with applicable service standards
- 70 Agreements must incorporate relevant service standards
- 71 Offence to refuse or fail to incorporate relevant service standards
- 72 Head, Recycling Victoria may issue notice requiring information
- 73 Offence to fail to comply with notice
- 74 Duty of providers of essential waste, recycling or resource recovery services to minimise risk of failure, disruption or hinderance of service
Division 4--Risk, consequence and contingency plans
- 74A Definition of responsible entity
- 74B Circular Economy Risk, Consequence and Contingency Plan (CERCC Plan)
- 74C Notification and publication
- 74D Responsible entity must comply with CERCC Plan
- 74E Review of CERCC Plans
- 74F Responsible Entity Risk, Consequence and Contingency Plans (RERCC Plans)
- 74G Statement of assurance
- 74H Responsible entity must comply with RERCC Plan
- 74I Review of RERCC Plans
- 74J Information gathering
- 74K Guidelines in relation to risk, consequence and contingency planning
PART 5A--WASTE TO ENERGY SCHEME
Division 1--Preliminary
- 74L Definitions
- 74M Thermal waste to energy processes
- 74N Permitted waste
Division 2--Waste to energy licence required for thermal waste to energy processes
- 74O Operation of thermal waste to energy facility without a waste to energy licence
- 74P Failure to comply with a condition of a waste to energy licence
- 74Q Operation of thermal waste to energy facility using banned waste
Division 3--Cap licences
- 74R Head, Recycling Victoria may invite expressions of interest for cap licences or increase of allocated cap amount
- 74S Applications for cap licences
- 74T Issue of cap licences
- 74U Cap limit
- 74V Conditions on cap licences
Division 4--Existing operator licences
- 74W Definitions
- 74X Existing operator may apply for existing operator licence
- 74Y Issue of existing operator licences
- 74Z Conditions on existing operator licences
- 74ZA Operator may hold both a cap licence and an existing operator licence
Division 5--Amendment, suspension, revocation and transfer of waste to energy licences
- 74ZB Amendment of waste to energy licences
- 74ZC Head, Recycling Victoria may decrease allocated cap amount
- 74ZD Suspension of waste to energy licences
- 74ZE Immediate suspension
- 74ZF Revocation of waste to energy licences
- 74ZG Immediate revocation
- 74ZH Disqualification of person from applying for waste to energy licences
- 74ZI Transfer of waste to energy licences
Division 6--Miscellaneous
- 74ZJ Fit and proper persons
- 74ZK Extension of submission period
- 74ZL Guidelines in relation to the waste to energy scheme
- 74ZM Transitional provisions—existing operators
PART 6--CONTAINER DEPOSIT SCHEME
Division 1--Preliminary
- 75 Definitions
Division 2--Administration of container deposit scheme
- 76 Functions of the Head, Recycling Victoria—container deposit scheme
- 77 Powers of the Head, Recycling Victoria
- 78 Delegation
Division 3--Scheme Coordinator
- 79 Functions of Scheme Coordinator
- 80 Scheme Coordinator agreement
- 81 Content of Scheme Coordinator agreement
- 82 Appointment of Scheme Coordinator
- 83 Ministerial directions to Scheme Coordinator
- 84 Head, Recycling Victoria may give directions to Scheme Coordinator
- 85 Directions to Scheme Coordinator must be published
- 86 Scheme Coordinator must comply with direction
- 87 Annual assessment report
Division 4--Network operators
- 88 Functions of network operators
- 89 Network operator agreements
- 90 Content of network operator agreements
- 91 Appointment of network operators
- 92 Ministerial directions to network operators
- 93 Head, Recycling Victoria may give directions to network operators
- 94 Directions to network operators must be published
- 95 Network operator must comply with direction
- 96 Network arrangement payments
- 97 Payments to collection point operators
Division 5--First suppliers
- 98 Determination of first supplier
Division 6--Approval of suitable eligible containers
- 99 Application for approval as suitable eligible container
- 100 Offence to dispose of suitable eligible containers at landfill site
- 101 Landfill disposal exemptions
- 102 Person must notify the Head, Recycling Victoria if unable to comply with exemption
Division 8--Container deposit scheme protocols
Division 9--Refund markings
- 105 Offence not to have refund markings on suitable eligible containers
Division 10--Enforcement and offences
- 106 Offence to refuse delivery of or refund for container
- 107 Delivery to an automated collection point
- 108 Refund declarations and proof of identity
- 109 Offence to claim refund for containers not subject to container deposit scheme
- 110 Offence to supply beverage without supply arrangement with Scheme Coordinator and container approval
- 111 Enforcement of Scheme Coordinator agreements and network operator agreements
Division 11--Miscellaneous
PART 7--ENFORCEMENT
Division 1--General offences
- 114 Offence to fail to keep records and information
- 115 Offence to give false or misleading information
- 116 Offence to conceal information
Division 2--Information gathering notices
- 117 Head, Recycling Victoria may serve information gathering notice
- 118 Form of information gathering notice
- 119 Extension of time under information gathering notice
- 120 Court orders
Division 3--Show cause notices
- 121 Show cause notices
- 122 Representations about show cause notice
- 123 Ending show cause process without further action
- 124 Further action after show cause process
Division 4--Improvement notices
- 125 Improvement notice
- 126 Offence to fail to comply with improvement notice
Division 5--Prohibition notices
- 127 Prohibition notice
- 128 Offence to fail to comply with prohibition notice
Division 6--Court orders
- 129 Court orders
Division 7--Enforceable undertakings
- 130 Head, Recycling Victoria may accept enforceable undertaking
- 131 Enforcement
- 132 No criminal proceedings while enforceable undertaking in effect
- 133 Proceedings following withdrawal of enforceable undertaking
- 134 No further proceedings if enforceable undertaking is complied with
- 135 Contempt of court
Division 8--Adverse publicity orders
Division 9--Civil penalties
- 137 Civil penalties
- 138 Civil penalty order
- 139 Proceeding for civil penalty order after criminal proceeding
- 140 Criminal proceeding during proceeding for civil penalty order
- 141 Criminal proceeding after proceeding for civil penalty order
- 142 Evidence admitted during proceeding for civil penalty order
- 143 Conduct contravening more than one civil penalty provision
- 144 Multiple contraventions of civil penalty provisions
- 145 Multiple proceedings for civil penalty order to be heard together
- 146 Jurisdictional limit of Magistrates' Court does not apply to civil penalty order
- 147 Recovery of pecuniary penalty
Division 9A--Monetary benefit orders
- 147A Monetary benefit order
- 147B Head, Recycling Victoria may issue protocol for determining monetary benefit
Division 10--Infringement notices
- 148 Power to issue infringement notice
Division 11--Authorised officers
- 149 Appointment by Head, Recycling Victoria of authorised officers
- 150 Identification of authorised officers
- 151 Directions in respect of authorised officers
- 152 Authorised officer may request name and address
- 153 Authorised officer may give directions
- 154 Other authorised officers may assist
- 155 Offence to obstruct authorised officer
- 156 Offence to assault or threaten authorised officer
- 157 Offence to impersonate
Division 12--Powers of entry and inspection
- 158 Authorised officer may enter and inspect any place or premises
- 159 Announcement on entry
- 160 Persons assisting authorised officer
- 161 Powers on entry
- 162 Authorised officer may require production of documents
- 163 Authorised officer may require information or answers
- 164 Report to be given about entry and inspection of place or premises
Division 13--Search warrants
- 165 Authorised officer may apply for search warrant
- 166 Issue of warrant
- 167 What may a search warrant authorise?
- 168 Announcement before entry with warrant
- 169 Copy of warrant to be given to occupier
Division 14--Return and forfeiture of seized things
Division 15--Audits
Division 16--Miscellaneous
- 174 Persons who may prosecute
- 175 Written statement of authorised officers to be evidence
- 176 Conduct of employee, agent or officer taken to be conduct of body corporate
- 177 Criminal liability of officers of bodies corporate—accessorial liability
PART 8--GENERAL
Division 1--VCAT review
Division 2--Supplementary provisions
- 180 Power of Minister to delegate
- 181 Minister may issue guidelines
- 182 Review of operation of Act
- 183 Regulations
PART 9--SAVINGS AND TRANSITIONAL PROVISIONS
Division 1--General
- 184 Definitions
- 185 Application of Interpretation of Legislation Act 1984
- 186 Abolition of WRR Groups
- 187 Transfer of executive officers and Chief Executive Officer of WRR Group
- 188 Transfer of WRR Group staff
- 189 Superseded references
- 190 Declared regions
- 191 Regulations dealing with transitional matters
- 191A Transitional provisions—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023