Victorian Current Acts Victorian Current Acts(1) The Head, Recycling Victoria may, in accordance with the regulations, invite expressions of interest to apply for a cap licence from—
(a) persons proposing to operate a thermal waste to energy facility for that facility; and
(b) existing operators proposing to increase the amount of permitted waste that is processed at an existing facility under an existing operator licence.
(2) If the Head, Recycling Victoria is satisfied that the aggregate amount of permitted waste that is specified in cap licences is less than the cap limit, the Head, Recycling Victoria may, in accordance with the regulations, invite expressions of interest from—
(a) persons proposing to operate a thermal waste to energy facility to apply for a cap licence for that facility; and
(b) existing operators proposing to increase the amount of permitted waste that is processed at an existing facility to apply for a cap licence for that existing facility; and
(c) from holders of cap licences to apply under section 74ZB for an increase in the allocated cap amount specified in the cap licence.
(3) An invitation under subsection (1) or (2) must—
(a) specify the information that must be contained in an expression of interest; and
(b) specify a date by which an expression of interest must be made (the specified date ); and
(c) contain any prescribed information.
(4) Subject to subsection (7), the Head, Recycling Victoria, on receiving an expression of interest under subsection (1) must determine either that—
(a) the person who has submitted the expression of interest may apply for a cap licence for that proposed thermal waste to energy facility or existing facility under section 74S; or
(b) the person must not apply for a cap licence.
(5) Subject to subsection (7), the Head, Recycling Victoria, on receiving an expression of interest under subsection (2)(a) or (b) must determine either that—
(a) the person who has submitted the expression of interest may apply for a cap licence under section 74S; or
(b) the person must not apply for a cap licence.
(6) Subject to subsection (7), the Head, Recycling Victoria, on receiving an expression of interest under subsection (2)(c) must determine either that—
(a) the person who has submitted the expression of interest may apply for an increase in the allocated cap amount specified in the cap licence under section 74ZB; or
(b) the person must not apply for an increase in the allocated cap amount specified in the cap licence.
(7) The Head, Recycling Victoria may determine that a person may apply for a cap licence or an increase in the allocated cap amount specified in a cap licence if the person's expression of interest is submitted after the specified date if the Head, Recycling Victoria considers it reasonable in the circumstances.
(8) When making a determination under subsection (4), (5) or (6), the Head, Recycling Victoria—
(a) must take into account any prescribed matter; and
(b) may take into account any other matter that the Head, Recycling Victoria considers appropriate; and
(c) may request further information in accordance with the regulations.
(9) The Head, Recycling Victoria must notify each person who has submitted an expression of interest of the Head, Recycling Victoria's decision under subsection (4), (5) or (6) within 14 days after making that decision.
(10) A notification under subsection (9) must—
(a) contain any prescribed information; and
(b) specify the information that the proposed application must contain; and
(c) specify the date by which the proposed application must be made.
S. 74S inserted by No. 36/2022 s. 14.