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WA-01094

Energy Bay / Rights to install/operate embedded networks and other assets from Centuria Capital Group membersWA-01094

View on ACCC

Processing timeline

39

days

Filed

2 Apr 2026

Notification waiver determination published

Decision

11 May 2026Notification waiver determination published
Type
Waiver
Outcome
Not approved
Stage
Waiver application
Status
Assessment completed

Parties

Acquirer(s)

The Trustee for Energy Bay Kappa Fund ABN - 37 949 909 024

Target(s) or Vendor(s)

CENTURIA FUNDS MANAGEMENT LIMITED ABN - 11 607 153 588

Other parties

None listed

Summary

Energy Bay Kappa Fund, part of distributed energy infrastructure company Energy Bay Group, is acquiring energy infrastructure assets and rights to operate or install embedded networks at 260 sites from various Centuria Capital Group subsidiaries. Centuria Capital Group manages real estate funds, providing embedded network services at its properties.

Acquisition details

Energy Bay Kappa Fund Pty Ltd as trustee for the Energy Bay Kappa Fund ( Energy Bay ) proposes to acquire from various subsidiaries of the Centuria Capital Group (the CCG Members ): energy infrastructure assets and the exclusive right to operate existing embedded networks at 49 sites, energy infrastructure assets and the exclusive right to install and operate embedded networks at a further 211 sites, and first and last rights of refusal to acquire analogous rights in respect of any further sites of the kind described in the transaction documents provided as part of the application. Energy Bay is a part of Energy Bay Group, which is a distributed energy infrastructure company operating embedded networks at large commercial and industrial sites in New South Wales ( NSW ), Australian Capital Territory ( ACT ), Western Australia ( WA ), Victoria ( VIC ) and Queensland ( QLD ). Energy Bay Group also owns Diamond Energy Pty Ltd ( Diamond Energy ), an electricity retailer that operates in all National Electricity Market ( NEM ) jurisdictions. The CCG Members are subsidiaries of the Centuria Capital Group, which is comprised of Centuria Capital Limited ( CNI ) and Centuria Funds Management Limited ( CFML ). CNI is an ASX-listed funds manager that creates, manages and invests in listed and unlisted real estate funds, each of which holds properties for third party investors. CFML is the responsible entity for the Centuria Capital Fund. The CCG Members invest in and manage properties for investment funds. As part of that primary business activity, in each of NSW, ACT, VIC, QLD, South Australia ( SA ), and WA, they also: operate embedded network infrastructure at some of their sites, engage in behind the meter generation or storage at their sites, and supply and sell electricity to their commercial tenants connected to their embedded networks ( embedded network services ).

Industry

Broad:Energy, Utilities & WasteANZSIC 2619:Other Electricity GenerationANZSIC 2630:Electricity DistributionANZSIC 2640:On Selling Electricity and Electricity Market OperationANZSIC 3232:Electrical Services

Decisions and key events

11 May 2026Notification waiver determination publishedAttachmentPDF151.8 KB

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