Description of Conduct

On 10 June 2022, the Metropolitan Waste and Resource Recovery Group (MWRRG) on behalf of itself and 16 participating councils located in south-east metropolitan Melbourne (the Participating Councils), applied to revoke authorisation AA1000448 and substitute authorisation AA1000616. Following lodgement of that application, on 1 July 2022 the State of Victoria, represented by the Department of Environment, Land, Water and Planning, succeeded MWRRG and became the applicant for the current application.

The requested substitute authorisation relates to the same conduct as that to which authorisation AA1000448 applied, i.e. joint procurement of advanced waste processing (AWP) services. However, the requested substitute authorisation seeks to extend the authorisation period by an additional 24 months to complete the tender process.

On 8 July 2022, the ACCC suspended authorisation AA1000448 and granted interim authorisation to enable the tender and contract negotiation processes to continue (but not the execution of any binding contracts) for the procurement of AWP services. The ACCC also issued a draft determination proposing to grant substitute authorisation for 32 years.

On 3 October 2022, the ACCC issued a final determination revoking authorisation AA1000448 and granting substitute authorisation AA1000616 until 25 October 2054. The substitute authorisation enables the State of Victoria, represented by the Department of Environment, Land, Water and Planning, and 16 south-east Metropolitan Melbourne councils, to conduct a joint procurement process and make and give effect to contract(s) for the supply of AWP services.

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

Applicant(s)

  • State of Victoria represented by the Department of Environment, Land, Water and Planning

Authorisation number(s)

  • AA1000616-1