Eastern Metropolitan Regional Council & Ors

Summary

The Eastern Metropolitan Regional Council (EMRC), the City of Bayswater, the Town of Bassendean and the Shire of Mundaring (together, the Applicants) seek authorisation for EMRC to establish a Regional Waste Collection Service and enter into a service agreement with each of the three councils. EMRC is a Regional Local Government in Perth, comprised of five constituent member councils, two of which (the City of Kalamunda and the City of Swan) are not participating in the Proposed Conduct.

The Regional Waste Collection Service will include the EMRC providing the following services to the councils:

  • domestic kerbside collection of mixed general waste, co-mingled dry recyclables and Food Organics Garden Organics (as well as incidental commercial waste collection services to small businesses equivalent to domestic kerbside collection services)
  • bin maintenance, repair and replacement
  • bulk waste collection service (mixed or specific) for larger household waste that cannot be disposed of within normal household bins
  • event waste management
  • street litter and illegal dumping management, and
  • customer service (i.e. contact point for enquiries, complaints etc).

The EMRC may allow the councils to acquire some waste services from alternative suppliers but this would only be by exception and require the EMRC’s approval. The EMRC has stated that the Proposed Conduct is not expected to directly affect any existing contracts as the intention is the councils will join the service agreement as their contracts expire.

The Applicants originally sought authorisation until October 2052. On 15 November 2021, the Applicants clarified that they were seeking authorisation until 2040, in addition to making some other minor amendments to the application (see the ‘Amended Application Received’ document below).

The initial public consultation on the substantive application for authorisation has now closed. The ACCC will invite submissions on its draft determination once published.

An indicative timetable for the ACCC’s assessment is set out below.

Indicative date

Stage in assessment process

8 October 2021

Lodgement of application

14 October 2021

Consultation on the application commences

21 October 2021

Closing date for submissions on interim authorisation

4 November 2021

Closing date for submissions on substantive application

10 November 2021

ACCC decision on interim authorisation

December 2021

ACCC draft determination

December/January 2021

Public consultation on the draft determination

February 2022

ACCC final determination

Applicant(s)

  • Shire of Mundaring
  • Eastern Metropolitan Regional Council
  • City of Bayswater
  • Town of Bassendean

Authorisation number(s)

  • AA1000587-1