Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), the Head, Recycling Victoria may revoke a waste to energy licence—
(a) on the application of the holder of the licence; or
(b) on the initiative of the Head, Recycling Victoria if the Head, Recycling Victoria is satisfied—
(i) that the licence holder has failed to comply with a condition of the licence; or
(ii) that the holder of the licence is convicted or found guilty of an offence against this Act or the regulations; or
(iii) that the holder of the licence is no longer a fit and proper person to operate a thermal waste to energy facility; or
(iv) that the holder of the licence has given materially incorrect or misleading information to the Head, Recycling Victoria or that the licence was obtained because of materially incorrect or misleading information; or
(v) that the holder of the licence has breached an enforceable undertaking; or
(vi) in the case of a cap licence, that the holder of the 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 the licence; or
(vii) that the holder of the licence has failed to comply with an order made by a court or tribunal in any proceeding commenced under this Act or the regulations or the corresponding provisions of the law of another State or a Territory; or
(viii) of any prescribed matter.
(2) The Head, Recycling Victoria must not revoke a waste to energy licence under subsection (1) unless the Head, Recycling Victoria considers that suspending the waste to energy licence under section 74ZD or 74ZE would not be appropriate in the circumstances.
(3) Before deciding whether to revoke a waste to energy licence under subsection (1)(b), the Head, Recycling Victoria must—
(a) notify the holder of the waste to energy licence of the proposed revocation in accordance with the regulations; and
(b) consider any response made by the holder of the licence.
(4) A notice under subsection (3)(a) must—
(a) state that the Head, Recycling Victoria proposes to revoke the waste to energy licence under this section; and
(b) state the grounds for the proposed revocation; 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 proposed revocation within 28 days after receiving the notice or any longer period specified in the notice.
(5) The Head, Recycling Victoria must, as soon as practicable after deciding to revoke a waste to energy licence under subsection (1), give the holder of the licence written notice stating—
(a) the decision; and
(b) the reasons for the decision; and
(c) the date on which the revocation takes effect; and
(d) that the holder of the licence may apply to VCAT for review of the decision.
(6) A revocation under subsection (1) takes effect—
(a) on the day on which notice of the revocation is given under subsection (1); or
(b) if a later day is specified in the notice, that day.
S. 74ZG inserted by No. 36/2022 s. 14.