Victorian Current Acts Victorian Current Acts(1) The Head, Recycling Victoria may revoke a waste to energy licence with immediate effect if the Head, Recycling Victoria is satisfied that it is necessary to immediately revoke the licence, having regard to—
(a) any matter set out in section 74ZF(1); or
(b) any prescribed matter; or
(c) the purposes of this Act.
(2) If the Head, Recycling Victoria revokes a waste to energy licence under subsection (1), the Head, Recycling Victoria must, as soon as practicable after revoking the licence—
(a) notify the holder of the licence of the revocation 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 revoked the waste to energy licence; and
(b) state the grounds for the revocation, including the grounds for the immediate revocation 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 revocation 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) cancel the revocation of the waste to energy licence; or
(b) refuse to cancel the revocation.
S. 74ZG(5) amended by No. 35/2023 s. 30(2).
(5) The Head, Recycling Victoria must, as soon as practicable after deciding whether to cancel the revocation of a waste to energy licence under subsection (4), give the holder of the licence written notice stating—
(a) the decision; and
(b) in the case of a decision to refuse to cancel the revocation—
(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 cancel a revocation under subsection (1) at any time.
S. 74ZH inserted by No. 36/2022 s. 14.