On 22 March 2013, CBH made an application under subsection 44ZZA(7) of the Competition and Consumer Act 2010 to vary its 2011 Undertaking.
- 22 March 2013 application to vary 2011 undertaking
- Public consultation regarding the proposed variation
- Submissions on ACCC Issues Paper regarding CBH's proposed variation
- CBH responses to submissions
- ACCC draft decision on variation 22 March 2013
- CBH revised buyback clause
- Submissions regarding CBH's revised buyback clause
- Revised Port Terminal Services Agreement and Port Terminal Rules documents
- ACCC decision to consent to variation
The proposed variations amend both the Port Terminal Rules and the Port Terminal Services Agreement to:
- introduce a single auction pool of capacity from November to October
- introduce a premium rebate per auction
- limit auction participants to reducing the aggregate capacity they bid across all lots by a maximum of 150,000 tonnes per round
- allow customers to reposition capacity to a target shipping window at any time during the season provided sufficient notice is given
- codify a process to acquire allocated capacity in certain circumstances.
CBH’s submission to the ACCC in support of its proposed variation is available below, along with its revised Port Terminal Rules and Port Terminal Services Agreement.
| Document title | Published date |
|---|---|
| CBH submission to the ACCC in support of its proposed variation to its Undertaking - 22 March 2013 ( PDF 64.13 KB | DOC 105.5 KB ) | 27 March 2013 |
| CBH Revised Port Terminal Services Agreement - 22 March 2013 ( PDF 207.46 KB | DOC 308 KB ) | 27 March 2013 |
| CBH Revised Port Terminal Rules - 22 March 2013 ( PDF 505.87 KB | DOC 539 KB ) | 27 March 2013 |
On 30 April 2013, the ACCC commenced a public consultation process in relation to CBH’s proposed variation to its 2011 Port Terminal Services Access Undertaking. The deadline for submissions was 21 May 2013.
| Document title | Published date |
|---|---|
| ACCC Issues Paper re CBHs proposed variation to its Undertaking - 30 April 2013 ( PDF 96.4 KB | DOCX 68.27 KB ) | 30 April 2013 |
The ACCC received the following submissions from stakeholders on the Issues Paper it released on CBH’s proposed variation to its Undertaking.
In response to the submissions received up to 27 May 2013 and Emerald's submission CBH provided these submissions.
| Document title | Published date |
|---|---|
| CBH response to submissions to ACCC Issues Paper re CBHs proposed variation to its Undertaking - 27 May 2013 ( PDF 30.96 KB | DOC 48.5 KB ) | 28 May 2013 |
| CBH response to Emerald submission to ACCC Issues Paper re CBHs proposed variation to its Undertaking - 18 June 2013 ( PDF 184.19 KB | DOC 28.5 KB ) | 20 June 2013 |
The ACCC released a Draft Decision on 3 July 2013 and sought stakeholder comments on the preliminary views set out in the Draft Decision, and in particular CBH’s revised buyback clause.
Submissions on the ACCC's draft decision were due by 17 July 2013.
| Document title | Published date |
|---|---|
| ACCC Draft Decision on CBH's proposed variation to its Undertaking ( PDF 252.51 KB | DOC 259 KB ) | 3 July 2013 |
On 28 June 2013, CBH provided the ACCC with these documents regarding a revised buyback clause.
| Document title | Published date |
|---|---|
| CBH potential buyback scenarios - 28 June 2013 ( PDF 331.49 KB | DOC 146.7 KB ) | 3 July 2013 |
| CBH's revised buyback clause - 28 June 2013 ( PDF 56.63 KB | DOC 50 KB ) | 3 July 2013 |
The ACCC received submissions from stakeholders on the Draft Decision paper regarding CBH's proposed variation to its undertaking.
| Document title | Published date |
|---|---|
| Cargill submission to ACCC Draft Decision re CBHs revised buyback clause - 17 July 2013 ( PDF 36.4 KB | DOC 56.72 KB ) | 19 July 2013 |
| Emerald submission to ACCC Draft Decision re CBHs revised buyback clause - 17 July 2013 ( PDF 1.39 MB ) | 19 July 2013 |
| WAFarmers submission to ACCC Draft Decision re CBH variation to undertaking - 17 July 2013 ( PDF 153.95 KB ) | 17 July 2013 |
| CBH response to submissions to ACCC Draft Decision re CBHs revised buyback clause - 22 July 2013 ( PDF 193.49 KB | DOC 552.91 KB ) | 23 July 2013 |
On 31 July 2013, in response to feedback from the industry and the ACCC, CBH withdrew its earlier application of 22 March 2013 and submitted an amended application to vary its 2011 Access Undertaking.
| Document title | Published date |
|---|---|
| 20130731 CBH Revised Port Terminal Services Agreement - clean ( PDF 219.85 KB | DOC 298 KB ) | 8 August 2013 |
| 20130731 CBH Revised Port Terminal Services Agreement - markup ( PDF 202.26 KB | DOC 310 KB ) | 8 August 2013 |
| 20130731 CBH Revised Port Terminal Rules - clean ( PDF 522.16 KB | DOC 567 KB ) | 8 August 2013 |
| 20130731 CBH Revised Port Terminal Rules (markup) ( PDF 579.17 KB | DOC 717 KB ) | 8 August 2013 |
The ACCC decided on 7 August 2013 to consent to the application made by CBH on 31 July 2013 under section 44ZZA(7) of the Competition and Consumer Act 2010 to vary its 2011 Access Undertaking. The reasons for the ACCC's decision are set out in the decision document.
| Document title | Published date |
|---|---|
| 20130807 ACCC decision to consent to variation ( PDF 564.34 KB | DOC 702.5 KB ) | 8 August 2013 |