Description of Conduct

The Applicants seek authorisation to:
(i) collectively discuss and negotiate with Dudgeon Point Project Management Pty Ltd (DPPM), the terms and conditions, including price, for the development of and access to Port Infrastructure at the Dudgeon Point Terminal;

(ii) collectively discuss matters relating to those discussions and negotiations; and

(iii) enter into and give effect to contracts, arrangements or understandings with DPPM (or any successor or asignee) containing consistent terms and conditions, including price, upon which access to the Port Infrastructure will be acquired.

Port Infrastructure refers to all activities associated with loading and unloading coal onto vessels for export, including stockpiling, reclaiming, conveying and blending coal at the Terminal.

The ACCC granted interim authorisation to the Applicants on 26 October 2011 to allow them to collectively negotiate but not enter into contracts with DPPM.

The ACCC issued a draft determination proposing to grant authorisation for 15 years on 14 December 2011

The ACCC has issued a determination granting authorisation until 10 March 2027.

Applicant(s)

  • Carabella Resources Limited
  • Macarthur Coal Limited
  • Middlemount Coal Pty Limited
  • New Hope Corporation Limited
  • Peabody Energy Australia Pty Ltd

Authorisation number(s)

  • A91277