The City of Newcastle and Port Stephens Council have jointly applied to the Australian Competition and Consumer Commission (ACCC) for authorisation to coordinate aspects of their food and garden organics (FOGO) processing services procurement and community engagement activities. The proposal is under consideration and reflects the effort by both councils to align their waste management approaches while complying with broader environmental policy mandates.
Lodged on 11 November 2025, the application seeks formal approval under section 88 of the Competition and Consumer Act to jointly negotiate and enter into separate contracts with service providers for FOGO processing. It also includes plans to collaborate on education and communications aimed at improving household participation in FOGO services. Were authorisation to be granted, it would extend until 30 June 2036.
At present, both councils manage garden organics collection under individual contracts that are due to expire in early 2026 and mid-2027 respectively. With the NSW Waste and Sustainable Materials Strategy mandating that all councils must introduce FOGO collection services by 2030, the timing of these contract expiries has prompted Newcastle and Port Stephens to pursue a joint tender process. They cite potential economies of scale and improved service coordination as benefits of working together.
Under the current timeline published on the ACCC’s public register, the assessment process commenced with public consultation in late 2025. A draft determination was issued on 4 February 2026, proposing to grant authorisation, and stakeholders are now invited to make submissions on this draft by 20 February 2026. Following this consultation phase, the ACCC will consider feedback before a final determination is made, currently expected in April 2026.
Included in the register are several key documents: the original application received in November 2025, a clarification of proposed conduct provided in December 2025, and submissions from interested stakeholders such as the NSW Environment Protection Authority. The clarification document details that the councils are seeking authorisation to negotiate contract terms, performance standards and prices with tenderers and to jointly deliver supportive education and communication initiatives during both the implementation and contract periods.
The joint approach reflects an emerging trend among local governments to collaborate on regional waste infrastructure and service delivery, particularly where statutory compliance and operational efficiencies are at stake. Should the ACCC’s final determination be favourable, the councils will be permitted to proceed with the joint procurement and engagement strategy, potentially setting a precedent for similar cooperative arrangements in the sector.