Description of Conduct

On 29 June 2009 Port Waratah Coal Services, Newcastle Coal Infrastructure Group and Newcastle Port Corporation (the `Applicants') lodged applications for authorisation for certain aspects of the long term solution to the capacity constraints at the Port of Newcastle. A public version of the supporting submission to the application was subsequently provided by the Applicants on 30 June 2009.

In particular, the Applicants seek authorisation to make and give effect to a contract, arrangement or understanding which involves proposed conduct set out in the `Capacity Framework Arrangements'. The Applicants requested urgent interim authorisation of the proposed Capacity Framework Arrangements.

Please refer to the `Applications' link below for further information about the proposed arrangements.

On 22 July 2009 the ACCC granted interim authorisation to allow the Applicants to commence the implementation of the Capacity Framework Arrangements. Interim authorisation was subject to a condition that the Applicants execute their respective Capacity Framework Documents by 31 August 2009. The ACCC revoked interim authorisation on 1 September 2009 after one party failed to meet the deadline.

On 17 September 2009 the Applicants advised that all of their respective Capacity Framework Documents had now been executed. The ACCC granted interim authorisation of the amended Capacity Framework Arrangements on 23 September 2009.

On 28 October the ACCC released a draft determination proposing to grant authorisation to the Capacity Framework Arrangements.

The ACCC issued a final determination on 9 December 2009. The ACCC granted authorisation in respect of the Capacity Framework Arrangements until 31 December 2024. The final determination is available from the `Decisions' link below.

Applicant(s)

  • Newcastle Coal Infastructure Group Pty Limited
  • Newcastle Port Corporation
  • Port Waratah Coal Services Limited

Authorisation number(s)

  • A91147
  • A91148
  • A91149
  • A91168
  • A91169

ACCC correspondence

Document title Date
ACCC to Aston Resources Limited re Request for Review
ACCC to Interested Parties re Issues Raised by Aston Resources
ACCC to Interested Parties re Final Determination
ACCC to Applicants re Final Determination
ACCC to Applicants re Request for Further Information
ACCC to Interested Parties re Draft Determination
ACCC to Applicant re Draft Determination
ACCC to Interested Parties re Interim Authorisation Decision
ACCC to Mallesons Stephen Jaques re Interim Authorisation Decision
ACCC to Interested Parties re Consultation Process
ACCC to Mallesons Stephen Jaques re IP Consultation and Request for Further Information
ACCC to Interested Parties re Interim Authorisation Revoked
ACCC to Mallesons Stephen Jaques re Interested Party Submissions
ACCC to Mallesons Stephen Jaques re Interim Authorisation Decision
ACCC to Interested Parties re Interim Authorisation Decision
ACCC to Mallesons Stephen Jaques re Interim Authorisation Decision
ACCC to Interested Parties re Interim Authorisation Decision
ACCC to Mallesons Stephen Jaques re Interested Party Submissions
ACCC to Mallesons Stephen Jaques re Request for Further Information
ACCC to Interested Parties re Consultation Process
ACCC to Mallesons Stephen Jaques re Interested Party Consultation
Show all documents (18 more)

Submissions - before draft decision

Document title Date
Xstrata Coal
PWCS - response to submissions by Bloomfield and Integra Coal
Coal and Allied
Austar Coal Mine Pty Ltd
Felix Resources Limited
Integra Coal
Applicants
Bloomfield Collieries
Applicants - Capacity Framework Documents and Interim Request
BHP Billiton
NCIG - Capacity Framework Documents
Applicants to ACCC re Capacity Framework Documents
Port Waratah Coal Services Limited
Xstrata Coal
Gloucester Coal
Felix Resources
Australian Rail Track Corporation Ltd
Mallesons Stephen Jaques to ACCC re Provision of Further Information
Australian Rail Track Corporation Ltd
Anglo Coal
Asciano Limited
Idemitsu Australia Resources Pty Ltd
Peabody Australia Mining Limited
Gloucester Coal Ltd
Xstrata Coal Limited
Coal & Allied Industries Limited
Bloomfield Collieries
Show all documents (24 more)