Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), the Head, Recycling Victoria, by written notice, may amend a waste to energy licence—
(a) on the initiative of the Head, Recycling Victoria; or
(b) on the application of the holder of the licence.
(2) An application under subsection (1)(b) must—
(a) be made in the prescribed form or manner; and
S. 74ZB(2)(b) amended by No. 35/2023 s. 30(1).
(b) contain the prescribed information; and
(c) be accompanied by any prescribed fee.
(3) The Head, Recycling Victoria must not, under subsection (1)—
(a) in the case of a cap licence, amend the allocated cap amount specified in the cap licence unless—
(i) the Head, Recycling Victoria has determined that the holder of the cap licence may apply for an increase in the allocated cap amount specified in that licence under section 74R(6); and
(ii) the increase would not have the effect of specifying an aggregate amount of permitted waste in cap licences issued by the Head, Recycling Victoria (including cap licences suspended under section 74ZD or 74ZE) that exceeds the cap limit; or
(b) in the case of an existing operator licence, increase the maximum amount of permitted waste that may be processed at an existing waste to energy facility under the existing operator licence each financial year; or
(c) amend any condition of the licence so that it is inconsistent with a condition to which the licence is subject under section 74V(c) or 74Z(c).
(4) On receiving an application under subsection (1)(b), the Head, Recycling Victoria must either—
(a) amend the waste to energy licence subject to any conditions the Head, Recycling Victoria considers appropriate, specified in the amendment; or
(b) refuse to amend the licence.
(5) When determining whether to amend a waste to energy licence under subsection (1), the Head, Recycling Victoria—
(a) must consider the particulars of the thermal waste to energy facility to which the licence relates; and
(b) must consider any prescribed criteria; and
(c) may request further information in accordance with the regulations.
(6) Before determining whether to amend a waste to energy licence under subsection (1)(a), the Head, Recycling Victoria must—
(a) notify the holder of the waste to energy licence of the proposed amendment in accordance with the regulations; and
(b) consider any response made by the holder of the licence.
(7) A notice under subsection (1) must—
(a) in the case of an amendment of the allocated cap amount specified in a cap licence, specify the amended maximum amount (expressed in tonnes per annum) of permitted waste that may be processed at the thermal waste to energy facility under the waste to energy licence each financial year; and
(b) contain any prescribed matter.
(8) An amendment under subsection (1) takes effect—
(a) on the day on which notice of the amendment is given under subsection (1); or
(b) if a later day is specified in the notice, that day.
S. 74ZC inserted by No. 36/2022 s. 14.