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What is Waste to Energy?
Waste to energy involves turning residual waste material into useful energy resources such as heat, steam, electricity, gas, and liquid fuels. After waste avoidance, reuse, and recycling, waste to energy is the final opportunity to get value from material that would otherwise go to landfill. Modern thermal waste to energy technology can help to generate electricity and recover additional metals and aggregates whilst minimising pollutants being emitted into the air surrounding the facility.
The use and development of a waste to energy facility often requires planning approval. The development of any new thermal waste to energy facilities will also requires a cap licence from Recycling Victoria.
Go to Victoria’s waste to energy cap licence to find more information.
Planning requirements
The Planning and Environment Act 1987 regulates the use and development of land through planning schemes and the planning permit application process, with each council having its own planning scheme. A waste to energy project will have specific planning requirements based on its location and the proposed land use(s) or development.
A waste to energy proposal may include one or more land uses and buildings or infrastructure to generate energy to export to the grid and use onsite. Clause 73.03 of the Victoria Planning Provisions and planning schemes set out land use terms for the activities forming part of a waste to energy proposal.
Where a proposal includes more than one land use, one may be considered ancillary or as operating in conjunction with the other. This is usually identified at the pre-application stage through advice from the responsible authority.
The table below provides an overview of relevant potential land use terms for waste to energy proposals.
| Propose activity | Purpose | Land us terms |
|---|---|---|
| Waste to energy | Land use for the combustion, treatment or bio- reaction of waste to produce energy of waste to produce energy for use off site. It includes the activities to collect, temporarily store, process, or transfer waste materials for energy production. | Waste to energy facilities |
Responsible authority
The responsible authority for a waste to energy project may be the local council or the Minister for Planning. Some projects may require multiple permit applications to more than one responsible authority.
Clause 72.01 of the planning scheme specifies land use and development applications for which the Minister for Planning is the responsible authority.
The Minister for Planning is the responsible authority if the proposed use and development of land is for an energy generation facility with an installed capacity of 1 megawatt or greater.
If a proposed use and development have an installed capacity of less than 1 megawatt, the local council serves as the responsible authority.
The Minister for Planning is also the responsible authority for:
- utility installation used to store electricity if the installed capacity is 1 megawatt or greater
- utility installation used to transmit or distribute electricity.
Pre-application meetings
A pre-application meeting with the responsible authority will help clarify the planning requirements and process before lodging an application.
For applications where the Minister for Planning is the responsible authority, download and complete the request form below then upload with other supporting documentation when requesting a pre-application meeting online.
Where a local council is the responsible authority, the council may be able to provide for a pre-application meeting.
Applying for a planning permit
Planning permit applications for waste to energy projects can be lodged online.
Start a new permit application
Find out more about Applying for a planning permit
Request a pre-application meeting
Planning permit applications for renewable energy projects can be lodged online.
Other statutory approvals
In addition to planning requirements for a waste to energy facility, there may be other regulatory requirements at local, state and national levels.
In Victoria, these may include approvals and requirements under:
- Dangerous Goods (Storage and Handling) Regulations 2022)
- Dangerous Goods Act 1985
- Environment Effects Act 1978
- Environment Protection Act 2017
- Gas Industry Act 2001
- Gas Safety Act 1997
- Occupational Health and Safety Act 2004
- Occupational Health and Safety Regulations 2017
- Pipelines Act 2005
Key agencies that can provide more information about regulations and licences for waste to energy proposals are:
Page last updated: 11/12/24