Description of Conduct

On 7 August 2018, Camden Council, Campbelltown City Council, Liverpool City Council, Wingecarribee Shire Council and Wollondilly Shire Council (the Councils) applied for authorisation to collectively tender and contract for the services of contractors to receive, process, market and dispose (by sale or otherwise) of kerbside collected waste materials (Proposed Tendering Conduct). At the same time, the Councils requested interim authorisation to permit them to commence their tender preparations (but not enter into any contracts).

The Councils sought authorisation until 1 July 2044.

The Councils (minus Liverpool City Council) have a prior authorisation (A90886) granted on 16 December 2004. The current authorisation application is for similar conduct, with an extended lead time in order to allow time for tendering, contracting with the winning tenderer and acquisition of land and building of a new waste reception and recycling facility prior to the expiry of authorisation A90886. The Councils (minus Liverpool City Council) are also seeking authorisation to continue to give effect to the processing contracts entered into following authorisation A90886 until 31 May 2024 (Existing Contracts Conduct).

On 12 September 2018 the ACCC granted interim authorisation, commencing immediately, to enable the Applicants to begin preparations for the collective tender process for waste processing services. Interim authorisation does not extend to any contracts being entered into. 

On 24 October 2018 the ACCC released its draft determination proposing to grant authorisation for the Proposed Tendering Conduct until 1 July 2044. The ACCC also proposed to grant authorisation for the Existing Contracts Conduct until 31 May 2024.  No submissions and no conference was requested in response to the draft determination.

On 22 November 2018 the ACCC issued a determination authorising the Proposed Tendering Conduct until 1 July 2044.  The ACCC also granted authorisation to allow the Councils (minus Liverpool City Council) to continue to give effect to the Existing Contracts Conduct until 31 May 2024.

Further information about the ACCC’s decision is available in the Decisions section below.

7 August 2018

Lodgment of application and supporting submission.

13 August 2018

Public consultation process begins.

27 August 2018

Closing date for submissions from interested parties.

12 September 2018

ACCC decision regarding interim authorisation.

24 October 2018

Draft determination.

November 2018

Public consultation on draft determination including any conference if called.

22 November 2018

Final determination.


  • Camden Council
  • Campbelltown City Council
  • Wollondilly Shire Council
  • Liverpool City Council
  • Wingecarribee Shire Council

Authorisation number(s)

  • AA1000428-1