Shellharbour, Wollongong and Shoalhaven City Councils

Applicant(s)

  • Shellharbour City Council

Lodged on behalf of:

  • Shoalhaven City Council
  • Wollongong City Council

Target(s)

TargetNotification numberDate lodged
tender for landfill gas servicesCB10000454-1

Summary

On 12 July 2018, Shellharbour City Council lodged a notification on behalf of itself, Wollongong City Council and Shoalhaven City Council (together the Councils). The Councils propose to collectively tender to each engage a landfill gas operator to provide the following services:

(a) installing and operating landfill gas facilities at the Council's landfill site to capture, manage and destroy landfill gas;

(b) maintaining and administering the Council's Eligible Offsets Project under an applicable carbon credit scheme and use the landfill gas to generate electricity, realise and sell carbon credits and other tradeable instruments under the carbon credit scheme; and

(c) any additional services as agreed by the Council and the successful tenderer.

The conduct notified constitutes collective bargaining under section 93AB of the Competition and Consumer Act 2010. The Councils do not propose to engage in collective boycotts. The expected outcome of the notified conduct is that the Councils will individually enter contracts, either with separate tenderers or with the same tenderer. The contracts would be for 10 years with the potential for two five year extensions (with the requirement for renotification if the extensions are taken up). Accordingly, the Councils are seeking a 10 year notification period.

A copy of the notification is available by following the links below.

On 13 September 2018 the ACCC stated that it did not object to the notification, allowing it to stand, and determined that it was appropriate for the notification to operate from 26 July 2018 until 11 July 2028. A copy of the statement of reasons is available by following the links below.

 

Notifications

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Decisions

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Consultations

Submissions

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