Submissions on draft decision


The ACCC sought submissions from Co-operative Bulk Handling Ltd (CBH) and other stakeholders on its draft decision not to accept CBH's proposed Access Undertaking, in particular:

  • If the ACCC's recommendations were adopted by CBH in a revised Undertaking, whether the revised proposed Undertaking would be appropriate;
  • whether CBH's proposed standard terms and conditions of access to port terminal services (found above and at Annexure A to the draft decision) would form an appropriate Indicative Access Agreement (if attached to a revised Undertaking submitted by CBH); and
  • whether CBH's revised Port Terminal Rules (found on the previous page and at Annexure B to the draft decision) would be appropriate (if attached to a revised Undertaking submitted by CBH).

Submissions from CBH

The ACCC received the following submissions from CBH in relation to the ACCC's draft decision on its proposed Undertaking:


CBH—Further submission on fumigation—received 20 August 2009.pdf (177.5 KB)

CBH—Further submission on non-discrimination—received 24 August 2009.pdf (117.1 KB)

CBH—Further submission on application to Grain Express—received 24 August 2009.pdf (284.4 KB)

CBH—Synergies paper supporting CBH submission on Grain Express—received 24 August 2009.pdf (115.3 KB)

CBH—Further submission on application and negotiation process—received 24 August 2009.pdf (101.3 KB)

CBH—Draft clause of proposed amendments to Part 7 of CBH undertaking—received 24 August 2009.pdf (54.8 KB)

CBH—Further submission on dispute resolution process—received 25 August 2009.pdf (66.0 KB)

CBH—Draft clause of proposed amendments to Part 8 of CBH Undertaking—received 25 August 2009.pdf (60.8 KB)

CBH—Further submission on term and variation—received 25 August 2009.pdf (52.2 KB)

CBH- Draft clause of proposed amendments to Part 4 of CBH Undertaking- received 25 August 2009.pdf (10.3 KB)

CBH—Further submission on scope—received 27 August 2009.pdf (63.2 KB)

CBH—Draft clause of proposed amendments to Part 5 of CBH Undertaking—received 27 August 2009.pdf (44.4 KB)

CBH—Further submission on capacity allocation—received 31 August 2009.pdf (568.0 KB)

CBH—Further submission on other issues—received 31 August 2009.pdf (124.2 KB)

CBH—Further submission on capacity management—received 1 September 2009.pdf (209.0 KB)

CBH—Further submission on price and non-price terms—received 1 September 2009.pdf (223.2 KB)

Submissions from other stakeholders

The ACCC received the following submissions on its draft decision in relation to the Undertaking submitted by CBH:


Grain Trade Australia (GTA)- 25 August 2009.pdf (22.9 KB)

Pastoralists & Graziers Association of WA (PGA)- Cover Letter- 3 September 2009.pdf (64.7 KB)

Pastoralists & Graziers Association of WA (PGA)- 3 September 2009.pdf (168.3 KB)

Victorian Farmers Federation (VFF)- 3 September 2009.pdf (87.7 KB)

Port of Portland- 3 September 2009.pdf (702.6 KB)

Australian Grain Exporters Association- 3 September 2009.pdf (256.7 KB)

Glencore submission on capacity allocation- 3 September 2009.pdf (110.9 KB)

Glencore submission on the CBH indicative access agreements and PTRs- 3 September 2009.pdf (326.7 KB)

SGS Australia- Agricultural Services- 7 September 2009.pdf (33.0 KB)

The Grain and Feed Trade Association (GAFTA)- 7 September 2009.pdf (54.4 KB)