Description of Conduct

In April 2005, the ACCC granted conditional authorisation to Port Waratah Coal Services Ltd (PWCS) for the Medium Term Capacity Balancing System (CBS) until 31 December 2007. The Medium Term CBS was designed 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 September 2006, Hunter Valley coal producers voted to discontinue the Medium Term CBS in 2007. A large queue of coal vessels subsequently re-formed off the Port of Newcastle.

PWCS sought to revoke the current authorisations (A30236 - A30238) so that they can be substituted with new authorisations (A91033 - A91035) to allow a modified Medium Term CBS to be reinstated at the port until 31 December 2007. PWCS also requested urgent interim authorisation so that it can implement the proposed Medium Term CBS as soon as possible.

On 14 March 2004 the ACCC granted interim authorisation to PWCS to reinstate the modified Medium Term CBS at the Port of Newcastle.

On 23 May 2007 the ACCC issued its final determination granting authorisation to PWCS to reinstate the amended Medium Term CBS at the Port of Newcastle until 31 December 2007.

Applicant(s)

  • Port Waratah Coal Services Limited

Authorisation number(s)

  • A91033
  • A91034
  • A91035