Risk, consequence and contingency planning

Circular Economy Risk, Consequence and Contingency Plan

The Circular Economy Risk, Consequence and Contingency Plan (CERCC Plan) is an annual, state-wide plan for the waste, recycling and resource recovery sector.

It is the first of its kind in Australia and brings together government and industry in a shared commitment to provide Victorians with greater confidence in the reliability of waste, recycling and resource recovery services.

The CERCC Plan outlines serious risks in the waste, recycling and resource recovery industry that may disrupt services and how responsible entities must mitigate them.

The Head, Recycling Victoria is required to submit the annual CERCC Plan to the Minister for Environment on or before 31 December each year and to publish the plan, once approved by the Minister.

A CERCC Plan remains in force until revoked or updated through the publication of a subsequent annual plan on approval of the Minister.

Responsible entities

Responsible entities are providers of essential waste, recycling or resource recovery services that, if disrupted, present a serious risk to service continuity or progressing to a more circular economy.

Providers of waste, recycling and resource recovery services must self-assess whether they are a responsible entity and notify Recycling Victoria within 60 calendar days of publication of the CERCC Plan or at any time based on a change of their circumstances.

Responsible entities must review their circumstances, particularly as contracts change or service offerings are adjusted. Each annual CERCC Plan includes updates on the amount of waste managed in Victoria, which responsible entities must use to re-assess their market share status.

If a responsible entity determines that they are no longer a responsible entity, they must notify the Head, Recycling Victoria of this change. If their status remains unchanged, there is no need to re-notify.

A responsible entity notification form is available for download and must be emailed to RVResponsible.Entity@deeca.vic.gov.au.

Responsible Entity Risk, Consequence and Contingency Plan

Responsible entities must prepare a Responsible Entity Risk, Consequence and Contingency Plan (RERCC Plan) that is aligned to the CERCC Plan and submit this to the Head, Recycling Victoria by 30 September each year.

RERCC Plans must identify risks of serious failure, disruption or hindrance to the provision of waste, recycling or resource recovery services. RERCC Plans must specify the actions that the responsible entity is taking, or proposes to take, to prevent or minimise such risks, and respond to measures in the CERCC Plan.

RERCC Plans remain in force until submission of a subsequent RERCC Plan.

Publication of a new edition of the CERCC Plan does not alter the requirement for responsible entities to comply with their existing RERCC Plan until a new RERCC plan is submitted.

Recycling Victoria will support responsible entities to prepare a RERCC Plan that must be submitted by 30 September each year.

Compliance

Recycling Victoria takes a risk-based approach to regulatory obligations and will respond to non-compliance in a proportionate way. Recycling Victoria’s Compliance and Enforcement Policy sets out how we exercise our regulatory powers to support and direct compliance. We seek to enable voluntary compliance by supporting regulated entities to improve their understanding of their obligations and by providing practical and constructive support and advice.

The introduction of a risk, consequence and contingency planning frame work is assisting Recycling Victoria in its risk-based decision making.

Recycling Victoria is committed, in the first instance, to helping organisations comply with their legislated obligations to strengthen and build trust in our waste and recycling system. Where Recycling Victoria identifies risks of serious failure, disruption or hindrance to the provision of waste, recycling or resource recovery services, it will seek compliance by regulated entities, to minimise the likelihood and consequences of the risks.

Background

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

The CE Act introduces a risk, consequence and contingency planning framework to manage significant risks of disruption to essential waste, recycling and resource recovery service in the sector.

Publication of the inaugural CERCC Plan on 9 May 2024 commenced requirements for reporting on risk, consequences and contingencies impacting the waste, recycling and resource recovery sector in Victoria.