Description of Conduct

Newcastle Port Corporation (NPC) is seeking authorisation for a proposed system (the Proposed System) to address the imbalance between the demand for coal loading services at the Port of Newcastle and the capacity of the Hunter Valley coal chain in 2008. Newcastle Port Corporation has indicated that the Proposed System is, in all material respects, consistent with the Medium Term Capacity Balancing System (CBS) currently in effect but due to exprire on 31 December 2007.

NPC requested urgent interim authorisation due to the pending expiration of the authorisation of the current CBS.

On 20 December 2007, the ACCC decided to grant interim authorisation to NPC's application.

On 29 February 2008, the ACCC issued a draft determination proposing to grant authorisation until 31 December 2008. The closing date for calling a pre-decision conference is 14 March 2008, and the closing date for submissions in response to the draft determination in 17 March 2008.


  • Newcastle Port Corporation

Authorisation number(s)

  • A91072
  • A91073
  • A91074

Submissions - before draft decision

Document title Date
Submission by Applicant
Donaldson Coal
Centennial Coal
Anglo Coal
Anglo Coal
Donaldson Coal
Xstrata Coal
Ashton Coal Mines
AUSTAR Coal Mine
Muswellbrook Coal Company
Hunter Enviro Mining
Coal & Allied
Whitehaven Coal Limited
Centennial Coal
Donaldson Coal Pty Ltd, Idemitsu Australia Resources Pty Ltd & Whitehaven Coal Limited
Integra Coal
NPC to Coal Producers re the CBS
Coal & Allied Industries Limited
Xstrata Coal
Resource Pacific Limited
Dept of Resources Energy & Tourism
United Mineworkers Federation of Australia
Yancoal Australia Pty Ltd
Austar Coal Mine Pty Ltd
Integra Coal Operations Pty Ltd
Joel Fitzgibbon MP
Whitehaven Coal Limited
Anglo Coal Australia Pty Ltd
Pacific National Pty Ltd
BHP Billiton
Peabody Pacific Pty Ltd, Wambo Coal Pty Ltd & Wilpinjong Pty Limited
Ashton Coal Mines Limited
Idemitsu Australia Resources Pty Ltd, Donaldson Coal Pty Ltd & Whitehaven Coal Limited
Port Waratah Coal Services
Joseph Tripodi MP
Show all documents (32 more)

Submissions - after draft decision