Australian Bulk Alliance Pty Ltd (ABA) (now owned by Emerald Group)

Submissions on Issues Paper

The ACCC received the following submissions from stakeholders on the Issues Paper it released on ABA’s proposed Port Terminal Services Access Undertaking 2013.

Public consultation regarding the proposed undertaking

On 30 April 2013, the ACCC commenced a public consultation process in relation to ABA’s proposed Port Terminal Services Access Undertaking 2013. The deadline for submissions is 21 May 2013.

Further information on the consultation process and how to make a submission is available in the Issues Paper below:

Australian Bulk Alliance Pty Ltd Access Undertaking 2013

On 26 March 2013, ABA lodged a proposed access undertaking for its port terminal services with the ACCC for assessment under section 44ZZA of the Competition and Consumer Act 2010 (CCA).

The proposed undertaking is intended to cover the period from when ABA’s existing undertaking expires (30 September 2013) until 30 September 2014 (after which it is expected that access to ABA’s port terminal services will be covered by the mandatory Code of Conduct currently being developed).

ABA is seeking to make several changes to its existing undertaking, Indicative Access Agreement (Standard Terms) and Port Loading Protocol to:

• improve the clarity and utility of the documents
• update the references to the legislation to reflect the changes made by the Wheat Exports Marketing Amendment Act 2012 (Cth)
• introduce operational requirements aimed at improving the throughput efficiency of the port terminal
• address concerns or implement suggestions of market participants
• enable the proposed undertaking to replace the existing undertaking without undue uncertainty or disruption to business.
  

The ACCC is currently preparing an issues paper that will seek industry comment concerning the proposed undertaking.

ABA’s submission to the ACCC in support of its proposed undertaking is available below, along with the proposed undertaking and revised Indicative Access Agreement and Port Loading Protocol.

Australian Bulk Alliance Pty Ltd Access Undertaking 2011

On 21 September 2011, ABA submitted an Access Undertaking (the 2011 Undertaking) to the ACCC for assessment under section 44ZZA of the CCA. 

The 2011 Undertaking was provided in response to an amendment notice given to ABA by the ACCC on 7 September 2011 pursuant to section 44ZZAAA (1) of the CCA. The amendment notice was given in relation to the proposed undertaking lodged by ABA on 23 December 2010 .

On 28 September 2011 the ACCC accepted, pursuant to Division 6 of Part IIIA of the CCA, the 2011 Undertaking provided to the ACCC by ABA on 21 September 2011. The 2011 Undertaking relates to the provision of access to port terminal services to accredited wheat exporters for purposes relating to the export of bulk wheat. The ACCC published the reasons for its decision in the Decision to Accept the 2011 Undertaking available below.

On 23 December 2010, ABA lodged a proposed access undertaking for its port terminal services with the ACCC for assessment under section 44ZZA of the Trade Practices Act 1974 (known as the Competition and Consumer Act 2010 (CCA) from 1 January 2011). A link to the proposed undertaking and supporting submission from ABA is below.

ACCC Draft Decision

The ACCC released a Draft Decision on 11 August 2011 and seeks comment on the preliminary views contained in the Draft Decision and the annexed draft amendment notice. Submissions by interested parties are due by 31 August 2011.

The Draft Decision also references a draft revised version of ABA's proposed undertaking. A link to the draft revision and ABA's supporting submission is below.

Public consultation on ACCC Issues Paper

The ACCC commenced a public consultation process in relation to the proposed ABA Port Terminal Services Access Undertaking on 20 January 2011. The deadline for submissions was 4 March 2011.

Further information on the consultation process and how to make a submission is available in the Issues Paper below:

Submissions on Issues Paper

The ACCC received the following submissions from stakeholders on the issues paper it released regarding ABA's proposed Port Terminal Services Access Undertaking:

Request for Information

On 13 April 2011 the ACCC sent a request to ABA to provide further information to assist the ACCC in its assessment of the proposed Port Terminal Services Access Undertaking submitted by ABA. The ACCC issued this notice pursuant to section 44ZZBCA of the Competition and Consumer Act 2010.