Variation12 Nov 2013
On 12 November 2013, GrainCorp made an application under section 44ZZA(7) of the Competition and Consumer Act 2010 (CCA) to vary its 2011 access undertaking.
Application to vary 2011 undertaking
GrainCorp has proposed the reduction of the regulatory obligations for its Newcastle port terminal, by excluding its Newcastle port from most of the obligations of its current undertaking and Port Terminal Services Protocols.
GrainCorp submits that its Newcastle facility will be placed at a significant competitive disadvantage if it continues to provide access in accordance with its undertaking alongside the two unregulated wheat export operations at Newcastle.
GrainCorp submits that there is significant excess elevation capacity and competing elevation options for exporters at Newcastle.
Amendments to GrainCorp’s Port Terminal Services Protocols are also proposed. GrainCorp is seeking to exclude the application of the current Port Terminal Services Protocols at Newcastle and establish a separate, standalone GrainCorp Newcastle Port Terminal Services Protocols, which would not form part of the Undertaking.
GrainCorp’s submission to the ACCC in support of its proposed variation is available below, along with its proposed revised 2011 access undertaking, proposed revised Port Terminal Services Protocols and the proposed Newcastle Port Terminal Services Protocols.
Public consultation regarding the proposed variation
On 12 December 2013, the ACCC commenced a public consultation process in relation to GrainCorp's application to vary its Access undertaking for its Carrington grain terminal in Newcastle. The ACCC invited public submissions, which were due by 31 January 2014.
Submissions
The ACCC received the following submissions from stakeholders on the issues paper it released on GrainCorp’s proposed variation to its undertaking.
Draft decision
On 10 April 2014, the ACCC issued a draft decision proposing to approve the GrainCorp Application to Vary, having had regard to the matters in Part IIIA of the CCA.
The ACCC sought comment from interested parties in response to the draft decision by 2 May 2014.
Submissions
The ACCC received the following submissions from stakeholders in response to its draft decision.
Decision to accept
On 18 June 2014, the ACCC approved the GrainCorp Application to Vary, having had regard to the matters in Part IIIA of the CCA.