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

The period for initial submissions closed on 8 August 2018.

A number of the submissions received raised issues in respect of which the Council considered it required additional information and documents from PNO in order to proceed to preparing a statement of its preliminary views. Accordingly, on 4 September 2018, the Council wrote to PNO requesting additional documents and information to be provided by 17 September 2018.

PNO provided submission and documents in response to the Council’s letter of 4 September 2018, including certain documents over which PNO has claimed confidentiality on the basis that the documents contain highly confidential and commercially sensitive information about PNO’s business and strategy.

The Council has considered PNO’s claim that part of its response is confidential, and the reasons in support of that claim and accepts that the information the subject of the claim is confidential. The Council will not publish those documents the subject of the claim at this time or disclose them to any party (except the NCC’s advisors, ACCC staff assisting the NCC pursuant to the NCC-ACCC Memorandum of Understanding, and the designated Minister as the circumstances require).

The Council wrote to PNO on 20 September 2018 advising the acceptance of the confidentiality claim. That letter, along with the submission and non-confidential documents provided by PNO in response to the Council’s 4 September letter, are available below.

Interested parties were invited to make submissions on the issues raised in the submission and non-confidential material provided by PNO in response to the Council’s 4 September letter, by 5.00pm on 5 October 2018. Submissions received are available for download below.

On 8 October 2018, the ACCC published its final determination of the arbitrated dispute between Glencore Coal Assets Australia and PNO in relation to the terms and conditions for accessing the declared shipping channel service at the Port of Newcastle.

The Council invited further submissions from interested parties about whether, and if so, how the Council should have regard to the ACCC’s final determination when considering whether to make a revocation recommendation, by 29 October. Submissions received have been published below.

Following the release of the Council’s preliminary views, all interested parties will have an opportunity to make further submissions before the Council decides whether to make a revocation recommendation to the designated Minister.

More details on the process and the indicative timetable in relation to this matter is available here.



Yancoal Australia Limited, 27 July 2018 (PDF, 391KB)

Port Waratah Coal Services Limited, 6 August 2018 (PDF, 113KB)

Yancoal Australia Limited, 8 August 2018 (PDF, 484KB)

NSW Minerals Council, 8 August 2018 (PDF, 102KB)

Australian Competition and Consumer Commission, 8 August 2018 (PDF, 689KB)

Glencore Coal Pty Ltd, cover letter, 8 August 2018 (PDF, 64KB)

Glencore Coal Pty Ltd, submission, 8 August 2018 (PDF, 68KB)

Glencore Coal Pty Ltd, Synergies report, 8 August 2018 (PDF, 1.82MB)

Anglo American Metallurgical Coal Pty Ltd, 8 August 2018 (PDF, 41KB)

Newcastle Coal Infrastructure Group, 8 August 2018 (PDF, 174KB)

Ports Australia, 8 August 2018 (PDF, 3.3MB)

Shipping Australia, 8 August (PDF, 211KB)


Clifford Chance letter, 30 July 2018

The Council’s letter, 3 August 2018

Further letter from Clifford Chance, 3 August 2018

Information request to PNO and PNO’s non-confidential response

The Council’s letter, 4 September 2018

Port of Newcastle Operations Pty Ltd, Further submission, 17 September 2018 (PDF, 388KB)

Port of Newcastle Operations Pty Ltd, Annexure A, 17 September 2018 (PDF, 1.25MB)

Port of Newcastle Operations Pty Ltd, Annexure B, 17 September 2018 (PDF, 433KB)

Port of Newcastle Operations Pty Ltd, Annexure C, 17 September 2018 (PDF, 452KB)

The Council’s letter, 20 September 2018 (PDF, 634KB)

Submissions in response to PNO’s non-confidential response dated 17 September 2018

Yancoal Australia Limited, 5 October 2018 (PDF, 275KB)

Glencore Coal Pty Ltd, 5 October 2018 (PDF, 2.17MB)

Newcastle Coal Infrastructure Group, 5 October 2018 (PDF, 430KB)

PNO’s letter in relation to its non-confidential submission dated 17 September 2018

PNO letter, 15 October 2018 (PDF, 181KB)

Submissions regarding the ACCC’s final arbitration determination

Glencore Coal Pty Ltd, 29 October 2018 (PDF, 140KB)

Newcastle Coal Infrastructure Group, 29 October 2018 (PDF, 273KB)

NSW Minerals Council, 29 October 2018 (PDF, 223KB)

Port of Newcastle Operations Pty Ltd, 29 October 2018 (PDF, 243KB)

Port of Newcastle Operations Pty Ltd, HoustonKemp report, 29 October 2018 (PDF, 511KB)

Yancoal Australia Limited, 29 October 2018 (PDF, 184KB)

Australian Competition and Consumer Commission, 30 October 2018 (PDF, 1MB)