Application for authorisation of vessel queue management system withdrawn
On 16 November 2007, Pacific National (NSW) Pty Limited, QR Limited and Port Waratah Coal Services Limited (the applicants) lodged applications for authorisation* of a new queue management system at the Port of Newcastle.
The applicants have now written to the ACCC seeking to withdraw the applications for authorisation on the basis that the New South Wales Government proposal to commission an independent review of the operation of the Hunter Valley coal chain by the Hon. Nick Greiner has superseded the proposed vessel queue management system.
Applications for authorisation lodged by the Newcastle Port Corporation on 4 December 2007 and Donaldson Coal Pty Limited on 7 December 2007 relating to the existing queue management system are still being considered by the ACCC. Copies of these applications for authorisation are available from the ACCC's website.
*The ACCC has the function, through the authorisation process, of adjudicating on certain anti-competitive practices that would otherwise breach the Trade Practices Act 1974. Authorisation provides immunity from court action, and is granted where the ACCC is satisfied that the practice delivers a net public benefit. Interim authorisation allows the parties to engage in the conduct prior to the ACCC considering the substantive merits of the application. The ACCC's decision in relation to interim authorisation should not be taken to be indicative of whether or not final authorisation will be granted by the ACCC.
