Application for declaration of shipping channel services at the Port of Newcastle (Application)

The Council has received an application under Part IIIA of the Competition and Consumer Act 2010 (CCA) from Glencore Coal Pty Ltd seeking declaration of the right to access and use the shipping channels provided by the Port of Newcastle.

The application and supporting information are available for download below.

Additional information concerning the process and criteria for considering applications for declaration is available in the Council’s publication: Declaration of Services- a Guide to Part IIIA of the CCA.

Once the Council makes its recommendation, the designated Minister has 60 days within which to make a decision on whether to declare the service or not to declare it. This period cannot be extended. Should no decision be made within the 60-day period, the designated Minister is deemed to have decided not to declare the service.

A declaration decision (or deemed decision) is subject to merits review by the Australian Competition Tribunal upon application by the applicant or the provider of the service for which declaration was sought.

The Council is now seeking submissions in response to this application. Submissions should be sent to the Council by email to or by mail to PO Box 250, Melbourne, Vic 3001.

Parties proposing to make a submission should consult the Council’s guide: Making a submission on declaration applications.

Submissions close at 5.00pm on Thursday 18 June 2015.

On 16 June 2015 the Council released its preliminary view on the issue of the designated Minister for this application. The relevant documents are available for download below. Further submissions on this matter close at 5:00pm on Tuesday 30 June.

If you would like to be kept informed of progress on the application please complete the Registration of Interest form below and email it to the Council.

Inquiries in relation to this application should be addressed to or to the Council’s staff on 1800 099 470.


Application, May 2015 (PDF, 2.01MB)

Application - Annexure A (PDF, 173KB)

Application - Annexure B (PDF, 10KB)

Application - Annexure C (PDF, 388KB)

Application - Annexure D (PDF, 120KB)


Registration of Interest (RTF, 325KB)


Designated Minister: Email to interested parties (PDF, 314KB)

Designated Minister: Counsel's opinion (PDF, 174KB)