Application for declaration of shipping channel services at the Port of Newcastle (Submissions on draft recommendation)

The Council received the submissions below in response to the Draft Recommendation.

On 18 September 2015 the Council gave a notice to Port of Newcastle Operations requesting information. The notice and the response from Port of Newcastle Operations are below. The Council also sought and received clarification from Glencore on an aspect of its submission of 9 September 2015, which is available below.

The Council did not seek further submissions on this matter.


Notice to Port of Newcastle Operations under s 44FA of the Competition and Consumer Act, 18 September 2015 (PDF, 332KB)

Response from Port of Newcastle Operations to Request for Information, 2 October 2015 (PDF, 1.27MB)

Clarification of Glencore’s submission, 2 October 2015 (PDF, 436KB)



The Bloomfield Group, 2 September 2015 (PDF, 93KB)

Glencore, 9 September 2015 (PDF, 399KB)

Glencore Annexure A (Synergies report), 1 September 2015 (PDF, 717KB)

Glencore Annexure B1 (RBB Economics report), 10 September 2015 (PDF, 82KB)

Glencore Annexure B2 (RBA Bulletin article) (PDF, 703KB)

New South Wales Minerals Council, 31 August 2015 (PDF, 238KB)

New South Wales Treasury, 2 September 2015 (PDF, 63KB)

Peabody Energy Australia Pty Ltd, 31 August 2015 (PDF, 519KB)

Port of Newcastle Operations, 31 August 2015 (PDF, 328KB)

Port Waratah Coal Services, 3 September 2015 (PDF, 139KB)

Virgin Australia Airlines Pty Ltd, 31 August 2015 (PDF, 637KB)

Whitehaven Coal, 4 September 2015 (PDF, 685KB)


The Council received a letter and late submission from Glencore on 4 November 2015. This was after the Council had finalised its recommendation. While the Competition and Consumer Act 2010 imposes no obligation on the Council to have regard to late submissions, the Council did consider Glencore’s submission. Having reviewed it, the Council did not consider it necessary to reconsider or revise its recommendation. Glencore’s late submission is available below.

Glencore, 4 November 2015 (PDF, 468KB)