2017-04-11 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                    11 APRIL 2017


9.    Legal implications associated with a garden waste recycling service

Waste Reduction and Recycling Regulations 2011, Part 2A Section 7, “DESIGNATION OF AREAS
BY LOCAL GOVERNMENTS FOR GENERAL OR GREEN WASTE COLLECTION” prescribes:
Designation of areas
A local Government may –
(a)   By resolution, designate areas within its local government area in which the local government
      may conduct general waste or green waste collections: and
(b)   Decide the frequency of general waste or green waste collection in the designated areas.

A note is attached to the end of Section 7 in the legislation indicating that if a local government
conducts a ‘green waste service’ as a significant business activity, the requirements of the Local
Government Act in relation to business reform and competitive neutrality apply.

As indicated earlier in the report during the calling of the Waste Management Tender, staff sought
the advice of the ACCC in relation to anticompetitive behaviour and have modified the draft policy
accordingly.

Previous Council Consideration

Ordinary Meeting, 15 December 2016, Item 7, Page 10
That Council note the report by the Manager Waste and Environmental Health to the General
Committee Meeting dated 12 December 2016 regarding the new 7 year waste management
contract 2017 - 2024, and:
A     Award the Contract to Cleanaway Pty Ltd for performance of a Waste Management Contract
      2017 – 2024 as detailed in tender documents under Separable Portions A, B, and C, for an
      initial period of 7 years (at an estimated contract value of $46 million) commencing on Friday
      1 September 2017, and including the ability to award a first extension of contract for a period
      of two years and a further second extension of one year;
B     The awarding of the Contract being subject to Cleanaway Pty Ltd paying the specified
      Contract Performance Bonds for each Separable Portion A, B and C as detailed in the tender
      documents;
C     Accept the option provided in the tender documents for the introduction of a 3 bin waste
      collection service to single unit domestic dwellings in the urban areas to include a third bin
      for garden waste from September 2017 as detailed in the tender documents, Part E Annexure
      1, Schedule 1 “10 Maps detailing the external boundaries of Township Areas”
D     Agree to the continued provision of an optional garden waste collection service to commercial
      and multi-unit domestic premises and other premises within 5 kilometres of the identified
      urban garden waste service area;
E     Request that staff develop a Policy for the provision of the garden waste service and report
      to a future meeting of Council;
F     Engage King and Company to finalise the relevant contractual documents including
      amendments resulting from contract negotiations and agreed contract departures, for signing
      by the successful tenderer.




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