Maddocks advised Transport Canberra and City Services Directorate (TCCS) and Infrastructure Canberra, through the ACT Government Solicitor, on the legal arrangements supporting the delivery of a new material recovery facility (MRF) via a public-private partnership with Veolia. 

The new facility will be able to sort paper and cardboard, glass, plastic, steel and aluminium, and increase recovery rates, while producing high purity in materials for recycling. 

The project will also include the demolition of the previous material recovery facility. More than 130 jobs will be created with the new facility also removing the need to transport the ACT’s recyclable materials interstate.

Maddocks is also engaged to advise on the procurement process for a new Food and Garden Organic Waste Facility (FOGO), and this project is intended to progress to procurement in 2025.

The Maddocks team initially provided TCCS with procurement support, which included strategic advice and analysis on the proposed procurement and contracting methodology for delivery of a replacement MRF. Maddocks also provided Planning and Environmental Advice, which included detailed advice on regulatory and planning approval processes within the ACT. Maddocks then: 

• supported the preparation of documents for the ACT, which included approach to market documentation and market-facing contracts;
• acted as legal adviser on the procurement process;
• advised the ACT on tender responses; and
• acted for the ACT in contract negotiations with the preferred tenderer, leading to contract execution on 30 January 2024. 

Both the MRF and FOGO are significant projects in the Australian Capital Territory and to the ACT Government. The MRF will better meet the requirements of the Council of Australian Governments (CoAG) waste export ban and the growing need for recycling services for the population of the ACT Territory and surrounding regions, with a significant processing capacity. Its construction became urgent when the existing MRF suffered significant damage from a fire in December 2022. 

Under the contractual arrangements, the Contractor is required to achieve construction by 2028 and is then entitled to operate the facility for a term of 20 years. This matter delivers key waste infrastructure assets for the ACT Government that better delivers against the CoAG requirements on waste export bans.  The new MRF is supported by the Australian and ACT governments through the Recycling Modernisation Fund.

The new FOGO facility will be located in the ACT and will service the population of the ACT. The need for the FOGO facility comes from the $13 million in funding from the federal government for a large-scale composting facility in Canberra.

The procurement process was successful and, following contractual negotiations, a contract was signed with Veolia on 30 January 2024. 

The team was led by Partnesr Joshua Same and Pria O’Sullivan and Senior Associates Sarah De Ceglie, Susan Guo, Peter Hoolihan, Natalie Lineham