Consideration of possible recommendation to revoke declaration of service at the Port of Newcastle (Submissions on Council’s preliminary views)

Submissions on the Council’s Statement of Preliminary Views and correspondence received by the Council are published below.

At the request of the Council, NERA Economic Consulting (NERA) produced a report dated 8 April 2019, to assist the Council’s consideration of whether declaration of the shipping channel service at the Port of Newcastle would be likely to satisfy the criterion set out in section 44CA(1)(a) of the Act in respect of the coal tenenents market. 

The NERA report is available for download below. Interested parties are invited to make written submissions to the Council on the opinions expressed in the report by 5.00pm on 26 April 2019.

Submissions should be accompanied by a cover sheet (available on this page), and should be emailed (in both MS Word and PDF formats) to or mailed in hard copy to:

PON Revocation,

National Competition Council,

GPO Box 250, Melbourne VIC 3001.

In making submissions, interested parties may be assisted by the Council’s guides to making a submission and to the declaration of services

All submissions will be published on the Council’s website. Parties proposing to submit confidential material should contact the Council prior to doing so.

The Council will consider the submissions prior to reaching its final views on whether it should make a recommendation that the declaration be revoked.



Pacific National Pty Ltd, 1 February 2019 (PDF, 6.69MB)

Port Waratah Coal Services Limited, 4 February 2019 (PDF, 127KB)

The Bloomfield Group, 4 February 2019 (PDF,765KB)

Yancoal Australia Limited, 4 February 2019 (PDF, 459KB)

Port of Newcastle Operations Pty Ltd, 4 February 2019 (PDF, 376KB)

Newcastle Coal Infrastructure Group, 4 February 2019 (PDF, 209KB)

Glencore Coal Pty Ltd, 4 February 2019 (PDF, 62KB)

Glencore Coal Pty Ltd, Synergies Report, 4 February 2019 (PDF, 605KB)

NSW Minerals Council, 4 February 2019 (PDF, 219KB)

Australian Competition and Consumer Commission, 6 February 2019 (PDF, 917KB)


Clifford Chance’s letter to the Council, 19 December 2018 (PDF, 335KB)

The Council’s letter to Clifford Chance, 31 January 2019 (PDF, 624KB)

Clifford Chance’s letter to the Council, 6 March 2019 (PDF, 262KB)

Clifford Chance’s letter to the Council, 15 April 2019 (PDF, 115KB)

Report from NERA Economic Consulting

NERA Economic Consulting, 8 April 2019 (PDF, 413KB)