Gladstone Regional Council & Ors

On 17 November 2021, the Australian Competition and Consumer Commission (the ACCC) received an application for authorisation from Gladstone Regional Council, Rockhampton Regional Council, Livingstone Shire Council, Central Highlands Regional Council and Banana Shire Council (together, the Applicants). The Applicants are seeking authorisation until 30 January 2041 to engage in collective procurement of recyclable processing services, including for:

• the collection of all recyclable waste from each of the Applicants nominated transfer locations, which may include transfer stations and waste management facilities or another innovative alternative (some of the Applicants may not require this service);
• the transport of the recyclable waste from the nominated transfer location to the Material Recovery Facility or another innovative alternative (some of the Applicants may not require this service);
• the storage and sorting of all recyclable waste; and
• the subsequent processing, transport, marketing and sale of recyclable waste and disposal of any waste which is not recyclable waste.

The ACCC granted interim authorisation on 9 February 2022 to enable the Applicants to commence the tender process while the ACCC considers the substantive authorisation application, and issued a draft determination proposing to grant authorisation until 30 January 2041.

On 13 April 2022, the ACCC issued a final determination granting authorisation until 30 January 2041. The ACCC’s final determination is available below.