Application for declaration of certain services in relation to the Port of Newcastle (Draft recommendation)

The Council has released its Draft Recommendation in relation to its consideration of whether to recommend under section 44F(2)(b) of the Competition and Consumer Act 2010 that the designated Minister declare certain services in relation to the Port of Newcastle. The Service includes access to and use of shipping channels at the Port of Newcastle used for the export of coal.

The Council’s Draft Recommendation is that the designated Minister not declare the Service at the Port of Newcastle.

On 19 November 2020 the Council published a revised Draft Recommendation addressing matters of confidentiality.  The Council requests that any electronic or hardcopies of the previously published document be disposed of.

The Council has allowed a short extension to the Draft Recommendation consultation period.  Submissions are due at 5 pm on Wednesday 25 November 2020.

The Council will consider any submissions received on the Draft Recommendation when making its decision on its Final Recommendation to the designated Minister.

Submissions should focus on the preliminary views reached by the Council and the reasons for these, and seek to provide additional information and analysis to that already available to the Council.

Submissions should be accompanied by a cover sheet, and should be emailed (in both MS Word and PDF formats) to

In making submissions, interested parties may be assisted by the Council’s guides to Making a Submission and to The Declaration of Services (available on the Council’s website).

All submissions will be published on the Council’s website. Parties proposing to submit confidential material should provide two copies to the Council (a redacted copy and a copy for publication).

Inquiries to this matter can be addressed to


Draft Recommendation, October 2020 (PDF, 859KB)

Submission cover sheet (DOC, 293KB)