Variation12 Nov 2013

On 12 November 2013, GrainCorp made an application under section 44ZZA(7) of the Competition and Consumer Act 2010 (CCA) to vary its 2011 access undertaking.

Application to vary 2011 undertaking

GrainCorp has proposed the reduction of the regulatory obligations for its Newcastle port terminal, by excluding its Newcastle port from most of the obligations of its current undertaking and Port Terminal Services Protocols.

GrainCorp submits that its Newcastle facility will be placed at a significant competitive disadvantage if it continues to provide access in accordance with its undertaking alongside the two unregulated wheat export operations at Newcastle.

GrainCorp submits that there is significant excess elevation capacity and competing elevation options for exporters at Newcastle.

Amendments to GrainCorp’s Port Terminal Services Protocols are also proposed. GrainCorp is seeking to exclude the application of the current Port Terminal Services Protocols at Newcastle and establish a separate, standalone GrainCorp Newcastle Port Terminal Services Protocols, which would not form part of the Undertaking.

GrainCorp’s submission to the ACCC in support of its proposed variation is available below, along with its proposed revised 2011 access undertaking, proposed revised Port Terminal Services Protocols and the proposed Newcastle Port Terminal Services Protocols.