On 18 June 2021, Gippsland Waste and Resource Recovery Group (GWRRG) sought authorisation on behalf of itself and 6 councils (Bass Coast Shire Council, Baw Baw Shire Council, East Gippsland Shire Council, Latrobe City Council, South Gippsland Shire Council and Wellington Shire Council) (Participating Councils) to collectively procure services for the treatment and disposal of Residual Waste (excluding recyclable or organic waste). In particular, authorisation was sought to: (a) collectively conduct a competitive tender process for the Residual Waste services, evaluate responses and negotiate the contractual framework; (b) collectively enter into contracts with the successful suppliers; and (c) undertake the ongoing administration and management of the resultant contracts. Authorisation was sought for twenty one years (including 10 months to undertake the joint procurement process, and twenty years from the conclusion of the procurement of the services, based on the term expected for the proposed contracts). Interim authorisation was also sought by the GWRRG.
On 27 July, the ACCC issued a draft determination proposing to grant authorisation to GWRRG and 6 Gippsland Councils until 30 September 2042. The ACCC also granted GWRRG’s request for interim authorisation to enable GWRRG and Participating Councils to progress the tender process, including identifying appropriate suppliers and commencing the process of preparing contractual documentation, while the ACCC considered the substantive application. Interim authorisation was not sought (and not granted) to release any formal request for tender or to select or enter into contracts with suppliers.
On 25 August the ACCC decided to grant authorisation until 30 September 2042 for the conduct sought. If no application for review of the determination is made to the Australian Competition Tribunal by 15 September 2021, it will come into force on 16 September 2021.
