State of Victoria represented by the Department of Environment, Land, Water and Planning (AA1000610)

On 21 April 2022, Goulburn Valley Waste and Resource Recovery Group (Goulburn Valley WRRG) and North East Waste and Resource Recovery Group (North East WRRG), on behalf of themselves, 14 regional councils, and 4 Victorian alpine resort management boards (the Participating Councils) applied to revoke authorisation AA1000453 and substitute authorisation AA1000610. Following lodgement of that application, on 1 July 2022 the State of Victoria, represented by the Department of Environment, Land, Water and Planning, succeeded Goulburn Valley WRRG and North East WRRG and became an applicant for the current application.

This requested substitute authorisation relates to the same conduct as that to which authorisation AA1000453 applied, i.e. joint procurement of a range of waste and resource recovery services. However, the requested substitute authorisation seeks to amend the parties to the authorisation and extend the period of authorisation (from 16 years to approximately 20 years).

On 18 May 2022, the ACCC suspended authorisation AA1000453 and issued interim authorisation to allow the applicants to commence initial procurement processes to request tenders for specific domestic kerbside waste and resource recovery services (but not entering into contracts).

On 30 June 2022, the ACCC issued a draft determination proposing to revoke authorisation AA1000453 and grant substitute authorisation for approximately 20 years.

On 30 September 2022, the ACCC issued a final determination revoking authorisation AA1000453 and granting substitute authorisation AA1000610 until 22 October 2042. The substitute authorisation enables the State of Victoria, represented by the Department of Environment, Land, Water and Planning, 14 regional councils, 4 Victorian alpine management boards and Alpine Resorts Victoria to conduct the joint tender process and to make and give effect to contracts for the supply of waste and resource recovery services.

The ACCC’s final determination, draft determination and interim authorisation decision and a copy of the application for authorisation are available below.