On 18 September 2018, the Australian Competition and Consumer Commission (ACCC) issued its determination relating to an access dispute between Port of Newcastle Operations and Glencore Coal Assets Australia (Glencore). This access dispute concerned access charges and other conditions of access to the ‘declared’ shipping channel service at the Port of Newcastle (the Port).
The ‘declared’ shipping channel service at the Port, defined as ‘the provision of the right to access and use the shipping channels (including berths next to the wharves as part of the channels) at the Port’, was declared under Part IIIA of the Competition and Consumer Act 2010 (Cth) (the Act) by the Australian Competition Tribunal on 16 June 2016. Details on the declaration are available at s. 44Q Declarations - Declaration of shipping channel services at the Port of Newcastle
Glencore notified the ACCC of an access dispute under section 44S of the Act on 4 November 2016.