Victorian Current Acts Victorian Current Acts(1) A person may, with the agreement of the holder of a waste to energy licence, apply to the Head, Recycling Victoria for the transfer of that licence to the applicant.
(2) An application under subsection (1) must—
(a) be made in the prescribed form and manner; and
(b) be accompanied by any prescribed fee.
(3) Subject to subsection (5), the Head, Recycling Victoria, on receiving an application that complies with subsection (2) must either—
(a) transfer the waste to energy licence, subject to any terms and conditions that the Head, Recycling Victoria considers appropriate; or
(b) refuse to transfer the waste to energy licence.
(4) When deciding whether to transfer a waste to energy licence under subsection (3), 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.
(5) The Head, Recycling Victoria must not transfer a waste to energy licence to a person unless the Head, Recycling Victoria is satisfied that the person is a fit and proper person to operate a thermal waste to energy facility.
(6) The Head, Recycling Victoria must, as soon as practicable after making a decision under subsection (4), give the applicant and holder of the waste to energy licence written notice stating—
(a) the decision; and
(b) in the case of a decision to transfer the licence, the date on which the transfer takes effect; and
(c) in the case of a decision to refuse to transfer the licence, or a decision to transfer the licence or permit subject to conditions—
(i) the reasons for the decision; and
(ii) that the applicant may apply to VCAT for review of the decision.
Division 6—Miscellaneous
S. 74ZJ inserted by No. 36/2022 s. 14.