ACCC grants interim approval for joint waste and recyclables collection tender
The Australian Competition and Consumer Commission has granted interim authorisation* to allow the Central Queensland Local Government Association to run a tender process for the collection and processing of waste and recyclables from all residential premises in the areas of the Rockhampton, Gladstone, Central Highlands and Isaac Regional Councils.
Interim authorisation allows the CQLGA to prepare tender documentation and invite tenders from interested parties. It also extends to evaluation of tenders and the negotiation of contracts, pending a final determination by the ACCC on this application.
The CQLGA considers that combining the catchment area of the four regional councils will create a sufficiently large population base to attract tenders to provide collection and processing services.
The ACCC has previously considered applications for authorisation of similar arrangements from groups of Sydney councils.
The granting of interim authorisation in no way binds the ACCC in its consideration of the substantive application for authorisation.
The ACCC will proceed to prepare its draft determination taking into account any submissions received from CQLGA and interested parties.
*Authorisation provides immunity from court action for conduct that might otherwise raise concerns under the competition provisions of the Trade Practices Act 1974. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment. The ACCC conducts a comprehensive public consultation process and issues a draft determination before making a decision to grant or deny authorisation.