Description of Conduct

On 4 April 2024, the Copping Refuse Disposal Site Joint Authority trading as Southern Waste Solutions (SWS) applied for authorisation in relation to a proposed project to design, build and operate a contained organic waste facility in Copping, Tasmania. SWS have applied on behalf of itself and the City of Clarence, Sorrell Council, Tasman Council and Kingborough Council as members of SWS and on behalf of the successful contractor determined as a result of the proposed request for tender process.

SWS is seeking authorisation for:

  1. undertaking a request for tender process to appoint a contractor to design, build and operate an organics processing facility in Copping, Tasmania
  2. negotiating and entering into a contract with the successful contractor for the design, building and operation of the organics processing facility, and
  3. the operation of the facility.

Authorisation is sought for a period of 26 years from the execution of the contract with the contractor for the provision of the services. This includes the construction of the facility (approximately 12 months), an initial term of 15 years and one option to extend the services by 10 years.

SWS also requested interim authorisation to conduct the request for tender process, but not to enter into any contracts resulting from the process (as entry into contracts is conditional on final authorisation being granted).

On 3 September 2024, the ACCC issued a draft determination proposing not to grant authorisation to SWS. The ACCC also decided not to grant interim authorisation.

On 17 September 2024, SWS notified the ACCC that it wished for a pre-decision conference to be held in relation to the ACCC’s draft determination proposing not to grant authorisation. The conference was held on 14 October 2024 in Hobart and the conference record is available below.

On 17 October 2024, the date by which the ACCC must make a final determination was extended, with the agreement of SWS, until 20 December 2024.

The ACCC invited further written submissions in relation to the draft determination by 29 October 2024.

The ACCC expects to make a final determination in relation to the application for authorisation in December 2024.

Copies of the ACCC’s draft determination and the application are available below.

An indicative timeline for the ACCC's assessment is set out below.

Indicative date

Stage in assessment process

4 April 2024

Lodgement of application.

16 April – 7 May 2024

Public consultation on application.

3 September 2024

Draft determination and interim decision.

17 September 2024

Pre-decision conference called.

14 October 2024

Pre-decision conference held.

29 October 2024

Closing date for further submissions on draft determination.

December 2024

Final determination.

Applicant(s)

  • Copping Refuse Disposal Site Joint Authority

Authorisation number(s)

  • AA1000667-1

Applications