The ACCC has decided not to object to the notification lodged by Shellharbour City Council to enable itself, Wollongong City Council and Shoalhaven City Council (the Councils) to collectively tender for landfill gas capture and management services.
This notification, and the ACCC’s decision, effectively provides a legal exemption until 11 July 2028. Without it, collective tendering by the Councils may otherwise breach competition laws.
The tender will be for an independent contractor to install and manage a system to capture gases from landfill sites and generate electricity.
The contracts are proposed to run for 10 years, with the potential for two 5 year extensions. If the extensions are taken up, the Councils must lodge a new notification to obtain legal protection beyond the maximum allowable period of 10 years.
Participation in the Notified Conduct is voluntary for the Councils, and each Council may choose the same or different contractors.
Further information, including the ACCC’s statement of reasons, is available on the ACCC’s notification Public Registers.