Applications for declaration of jet fuel supply infrastructure services at Sydney airport

The Board of Airline Representatives of Australia Inc (BARA) made two applications on 27 September 2011 for the declaration of services provided by jet fuel supply infrastructure at Sydney airport. 

Specifically, the applications are for declaration of:

1.  Caltex pipeline - the service provided by the Caltex pipeline facility, which transports jet fuel from interconnection points with off-site jet fuel storage facilities at Port Botany to the Sydney airport Joint User Hydrant Facility (JUHI);


2.  Jet fuel storage and pipeline network / JUHI facility - the services provided by the jet fuel storage facility (including facilities for refuelling trucks) and jet fuel hydrant pipeline network facility provided by the JUHI at Sydney airport.

Declaration of both services is sought for the purpose of providing jet fuel to international passenger and freight aircraft operating to or from Sydney airport.

BARA provided a supplement to the applications, concerning criterion (b), on 28 October 2011. The Council wrote to the applicant on 27 October 2011 inviting it to clarify and update its applications, if necessary. The applicant responded on 4 November 2011.

Both applications and their annexures and the 28 October supplement are available under the Application tab. The Council's letter of 27 October and the applicant's 4 November response are also available under the Application tab.

The Council invited written submissions on the applications from interested parties. The Council received 14 submissions in response to the application. In addition to the submissions received by the 21 November 2011 submission deadline, the Applicant, Caltex and The Sydney JUHI JV provided some further material. The submissions and the additional material are available for download under the Submissions on application tab.

On 16 December 2011 the Council released its draft recommendations on the applications for declaration of jet fuel infrastructure services at Sydney airport.  The draft recommendations are that the services provided by the Caltex Pipeline and the Sydney Joint User Hydrant Installation (JUHI) not be declared. The draft recommendations are contained in one joint report which is available for download under the Draft recommendation tab.

The Council invited written submissions from interested parties on the draft recommendation. The submission period ended on 13 February 2012. In response to its draft recommendation, the Council received submissions and commissioned reports from BARA, Caltex Australia, the Sydney JUHI JV, Cathay Pacific and Qantas. In addition, the Council received, after close of the first round of submissions on 21 November 2011, late submissions from Etihad Airways and United Airlines which were not taken into consideration in preparing the draft recommendation.

The Council also requested via the Sydney JUHI JV updated information from the National (Supply) OpCom (NOC) on the number and duration of red and black lights at Sydney Airport to 31 December 2011. This updates and supplements that contained in the Sydney Jet Fuel Infrastructure Working Group Report dated 30 April 2010. The Council was supplied with this material in January 2012. The public versions of these materials are available for download under the Submission on draft recommendation tab.

On 15 March 2012 the Council provided its final recommendations to the designated Minister, the Hon David Bradbury MP. 

On 10 May 2012, the Hon David Bradbury MP, published his decisions. The Minister decided that the service provided by the Caltex Pipeline and the service provided by the Sydney JUHI are not declared. In reaching these decisions the Minister determined that sections 44H(4)(a) and 44H(4)(f) were not satisfied by either application. The Minister's decision and statement of reasons and the Council's final recommendation are available for download under the final recommendation and decision tab.

If you would like to be kept informed of developments with the application please complete the Registration of Interest form below and email it to or fax it to (03) 9981 1650.

Registration of interest (RTF, 314KB)

Guide to Declaration (PDF, 1.17MB)

Access to Monopoly Infrastructure in Australia (PDF, 413KB)

Guidelines to making a submission: declaration (PDF, 392KB)