Victorian Current Acts Victorian Current Acts(1) The Head, Recycling Victoria may suspend a waste to energy licence with immediate effect, for a period of not more than 12 months, if the Head, Recycling Victoria is satisfied that it is necessary to immediately suspend the licence, having regard to—
(a) any matter set out in section 74ZD(1); or
(b) any prescribed matter; or
(c) the purposes of this Act.
(2) If the Head, Recycling Victoria suspends a waste to energy licence under subsection (1), the Head, Recycling Victoria must, as soon as practicable after suspending the licence—
(a) notify the holder of the licence of the suspension in accordance with the regulations; and
(b) consider any response made by the holder of the licence.
(3) A notice under subsection (2)(a) must—
(a) state that the Head, Recycling Victoria has suspended the waste to energy licence; and
(b) state the grounds for the suspension, including the grounds for the immediate suspension of the licence; and
(c) outline the facts and circumstances forming the basis for the grounds; and
(d) invite the holder of the licence to submit written submissions to the Head, Recycling Victoria on the suspension within 14 days after receiving the notice or any longer period specified in the notice.
(4) After considering any submissions made in accordance with subsection (2), the Head, Recycling Victoria must—
(a) revoke the suspension of the waste to energy licence; or
(b) refuse to revoke the suspension.
(5) The Head, Recycling Victoria must, as soon as practicable after deciding whether to revoke the suspension of a waste to energy licence under subsection (1), give the holder of the licence written notice stating—
(a) the decision; and
(b) in the case of a decision to refuse to revoke the suspension—
(i) the grounds for the decision; and
(ii) that the holder of the licence may apply to VCAT for review of the decision.
(6) The Head, Recycling Victoria may revoke a suspension under subsection (1) at any time.
S. 74ZF inserted by No. 36/2022 s. 14.