Description of Conduct

Two groups of central Queensland coal producers seek authorisation for proposed port and below rail collective bargaining arrangements.

In particular, various coal prodcuers in the Bowen Basin (namely, Endocoal Ltd, Whitehaven Coal Ltd, Yancoal Australia Ltd and QC Resource Investments Pty Ltd) seek authorisation to:
- collectively discuss and negotiate terms and conditions with Adani Mining Pty Ltd (Adani) for access to each and any
of the terminals to be developed at Dudgeon Point (the Terminal), any expansions to the Terminal and any other
infrastructure at or around Dudgeon Point necessary to support the Terminal
- enter into and give effect to contracts, arrangements or understandings with Adani and
- discuss related matters amongst themselves.

In addition, a similar group of coal producers (namely, Endocoal Ltd, Linc Energy Ltd, Whitehaven Coal Ltd, Yancoal Australia Ltd and QC Resource Investments Pty Ltd) seek authorisation to:
- collectively discuss and negotiate terms and conditions with QR Network Pty Ltd for access to the Newlands, Goonyella and Blackwater coal rail systems (to the extent that these systems are used to service each and any of the terminals to be developed at Dudgeon Point by Adani Mining Pty Ltd - that is, the Terminal), all expansions to these systems and access to any other QR Network rail infrastructure necessary to support the Terminal (Below Rail
Infrastructure)
- enter into and give effect to contracts, arrangements or understandings with QR Network and
- discuss related matters amongst themselves.

On 14 March 2013, the ACCC granted authorisation to these arrangements until 5 April 2028.

Applicant(s)

  • Endocoal Ltd
  • Linc Energy Ltd
  • QC Resource Investments Pty Ltd
  • Whitehaven Coal Ltd
  • Yancoal Australia Ltd

Authorisation number(s)

  • A91350
  • A91351