Port Waratah Coal Services Limited & Ors - Authorisations - A91147 - A91149 & A91168 & A91169


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.


  • 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

Submissions - before draft decision

Document title Date