Gippsland Waste and Resource Recovery Group & Ors

On 15 January 2021, the Gippsland Waste and Resource Recovery Group (GWRRG) sought authorisation under the Competition and Consumer Act 2010 (Cth) on behalf of itself and six Victorian Councils (the Applicants). The six Councils are: Bass Coast Shire Council, Baw Baw Shire Council, East Gippsland Shire Council, Latrobe City Council, South Gippsland Shire Council and Wellington Shire Council.

Authorisation would give the Applicants legal protection from competition laws to jointly investigate and the councils to jointly procure the provision of organic waste processing services. The Councils will sign individual contracts with the successful tenderer/s but are also seeking authorisation to cover the potential for their ongoing joint management of the contracts. (the Proposed Conduct)

The Applicants also requested interim authorisation in order to progress the tender process, with a view to then identifying appropriate suppliers and commencing the process of preparing contractual documentation. No supplier will be selected, or contract entered into, unless or until a final determination by the ACCC to grant authorisation.

The Applicants seek authorisation until 1 July 2042, in order to allow for the required return on investment to support investment in new processing infrastructure and construction or upgrade of new facilities.

On 25 February 2021, the ACCC issued a draft determination proposing to authorise the Applicants to engage in the Proposed Conduct until 1 July 2042. The ACCC also granted interim authorisation in the terms requested by the Applicants.

On 26 March 2021 the ACCC issued a determination authorising the Applicants to engage in the Proposed Conduct until 1 July 2042. As the ACCC has now made a final decision authorising the Proposed Conduct, the ACCC has varied the interim authorisation so it is on the same terms as the substantive authorisation that the ACCC has granted. This will allow the Applicants to progress the tender process in the manner they have requested until the substantive authorisation comes into force on 17 April 2021.

A copy of the application, public submissions and the decisions in this matter are available by the following the links below.