Port Waratah Coal Services Limited & Ors - Authorisations - A91110 - A91112

On 19 November 2008 the ACCC received applications for authorisation from Port Waratah Coal Services Limited (PWCS) and the Newcastle Coal Infrastructure Group (the `Applicants') concerning the Hunter Valley coal chain.

The Applicants requested authorisation to effectively extend the operation of a capacity balancing system ? called the `Stage 1 Allocation system' - at the Port of Newcastle while the industry developed and implemented a long term solution to ongoing capacity issues in the Hunter Valley. Authorisation was sought for the period 1 January 2009 to 30 June 2009.

On 17 December 2008 the ACCC granted interim authorisation to the PWCS Tonnage Allocation Stage 1 until 31 March 2009, conditional upon the ACCC being satisfied that work to finalise the long term solution continues, with monthly progress reports to be provided by the parties.

On 26 February 2009 the ACCC issued a draft determination proposing to grant authorisation until 30 June 2009. The proposed authorisation was conditional upon the parties finalising an Implementation Memorandum which sets out an agreed framework and details how the long term solution will be implemented on a timely basis, and providing a copy of it to the ACCC by 31 March 2009.

In early April 2009, the ACCC received an agreed Implementation Memorandum from the parties. A copy of the Implementation Memorandum is available from the `Submissions' link below.

On 13 May 2009 the ACCC issued its final determination granting authorisation to the Stage 1 Allocation system until 30 June 2009, as requested.

The ACCC's final decision is available from the `ACCC Decisions' link below.