Victorian Current Acts Victorian Current Acts(1) The Head, Recycling Victoria, by written notice, may decrease the allocated cap amount specified in a cap licence—
(a) if the Head, Recycling Victoria is satisfied that the holder of the cap licence has demonstrated a pattern of processing an amount of permitted waste under the licence that is significantly less than the allocated cap amount specified in that licence; or
(b) on the application of the holder of the licence.
(2) Before determining to decrease an allocated cap amount specified in a cap licence under subsection (1)(a), the Head, Recycling Victoria must—
(a) notify the holder of the licence of the proposed decrease in accordance with the regulations; and
(b) consider any response made by the holder of the licence.
(3) An application under subsection (1)(b) must—
(a) contain any prescribed information; and
(b) be made in the prescribed form and manner; and
(c) be accompanied by any prescribed fee.
(4) The Head, Recycling Victoria, on receiving an application that complies with subsection (3), must either—
(a) decrease the allocated cap amount specified in the cap licence; or
(b) refuse to decrease the allocated cap amount specified in the licence.
(5) When determining whether to decrease or refuse to decrease an allocated cap amount under subsection (4), 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.
(6) A notice under subsection (1) must—
(a) 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 cap licence each financial year; and
(b) contain any prescribed matter.
(7) A decrease 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. 74ZD inserted by No. 36/2022 s. 14.