This regulatory impact statement advances the Victorian government's aim to strengthen laws and regulations for Victoria’s waste, recycling and resource recovery sector to make the system more reliable and support Victoria’s transition to a sustainable and thriving circular economy.

In recent years the waste, recycling and resource recovery sector has been impacted by significant risks, including national and international policy changes, natural disasters, human health emergencies and failures of key operators and facilities.

The new Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency) Regulations 2023 will support the implementation of a statutory risk, consequence and contingency planning framework (RCC framework) in the Circular Economy (Waste Reduction and Recycling) Act 2021 (Circular Economy Act) that shares the management of risks between industry and government.

The regulations will prescribe the waste, recycling or resource recovery services that are ‘essential’ to give effect to a duty in the Circular Economy Act to minimise risks of failure, disruption or hinderance of the service. Providers of these essential services will be required to meet this duty to reduce risk of major service disruptions.

The proposed regulations also prescribe:

• matters relating to the statewide annual Circular Economy Risk, Consequence and Contingency Plan that the regulator, Recycling Victoria is responsible for preparing; and

• a definition of some essential service providers as ‘responsible entities’ and requirements they must meet when preparing their own Risk, Consequence and Contingency Plans, and complying with the state plan.

The proposed regulations will address existing gaps in Recycling Victoria’s visibility of sector-wide risk planning and mitigation and will improve risk, consequence and contingency management practices by service providers.

The proposed Circular Economy (Waste Reduction and Recycling) (Risk, Consequence and Contingency) Regulations 2023 and Regulatory Impact Statement (RIS) are available now for comment.

Submissions close on 12 September 2023.