The 2019 Dalrymple Bay Coal Terminal draft access undertaking (2019 DBCT DAU) sets out the terms and conditions DBI Management proposed for negotiating access to the Dalrymple Bay Coal Terminal (DBCT), after the 2017 access undertaking terminates in July 2021.
Our final decision is to refuse to approve DBI Management’s 2019 DBCT DAU, as submitted on 1 July 2019.
We have published our secondary undertaking notice below, which states our reasons for our refusal and asks DBI Management to:
- amend its 2019 DAU in the manner we consider appropriate, and
- give us a copy of the amended 2019 DBCT DAU within 60 days of the dated notice.
We have also published:
- our arbitration guideline to inform stakeholders of our approach to an arbitration under an amended 2019 DAU, and
- further reports from our consultants that informed our decision-making.
DBI Management’s (previously DBCT Management) 2017 access undertaking notionally terminates on 1 July 2021.
We issued DBI Management with an initial undertaking notice on 12 October 2017, requiring it to give us a draft access undertaking for the services declared under section 250(1)(c) of the QCA Act by 1 July 2019. This written notice was given in accordance with section 133(1)(b) of the QCA Act.
We published a statement of regulatory intent for the assessment of DBI Management’s 2019 DAU, on 11 June 2019.
DBI Management lodged its 2019 DAU on 1 July 2019 and we published it on 5 July 2019.
Our statutory assessment period expired on 1 August 2020 for reasons outlined in the stakeholder notice available for download below.
Interim draft decision
We made an interim draft decision to refuse to approve the 2019 DBCT DAU, based on our preliminary assessment of the proposed pricing model. Our preliminary views on the pricing model are outlined in the interim draft decision report available below.
We made our draft decision to refuse to approve the 2019 DBCT DAU. Our preliminary views on the 2019 DAU, including possible amendments to the undertaking, are outlined in our draft decision report, available below.
We made our final decision to refuse to approve the 2019 DBCT DAU. Our reasons for this decision and how we have asked DBI Management to amend its 2019 DAU in the manner we consider appropriate, are outlined in the secondary undertaking notice and report available for download below.
We consulted with stakeholders in our assessment of the 2019 DBCT DAU and received the following submissions:
- July–September 2019: we received three submissions on the 2019 DAU
- October–November 2019: we received a further three submissions on matters relevant to the interim draft decision
- February–April 2020: we received two submissions on our interim draft decision
- April–June 2020: we received two collaborative submissions on the 2019 DAU
- August–October 2020: we received three submissions on our draft decision
- October–December 2020: we hosted two stakeholder forums and received two further submissions
- December 2020–January 2021: we received two letters from stakeholders and accepted these as late submissions.
|12 October 2017||We issued an initial undertaking notice|
|11 June 2019||We published our statement of regulatory intent|
|1 July 2019||DBCTM lodged its 2019 DBCT DAU|
|5 July 2019||We published the DAU and invited stakeholder submissions|
|23 September 2019||Submissions period closed—we received three submissions|
|25 October 2019||We updated our assessment process and invited further stakeholder submissions|
|22 November 2019||Submissions period closed—we received three further submissions|
|24 February 2020||We published our interim draft decision to refuse to approve the 2019 DBCT DAU and invited stakeholder submissions|
|24 April 2020||Submissions period closed—we received two submissions|
|29 April 2020||We invited stakeholders to provide collaborative submissions|
|5 June 2020||Collaborative submissions period closed—we received two submissions|
|1 August 2020||Expiry of our statutory timeframe for assessment|
|26 August 2020||We published our draft decision to refuse to approve the 2019 DBCT DAU and invited stakeholder submissions|
|23 October 2020||Submissions period closed—we received three submissions|
|29 October 2020||We invited stakeholders to provide further submissions and register interest for two stakeholder forums|
|18 November 2020||Stakeholder forums were held|
|4 December 2020||Submissions period closed—we received two submissions|
|3 February 2021||We accepted two letters from stakeholders as submissions on the 2019 DAU|
|30 March 2021||We published our final decision to refuse to approve the 2019 DBCT DAU and issued DBIM our secondary undertaking notice|
Report and papers
|30 March 2021||Final report||QCA—Final decision||pdf, 1.96 Mb|
|30 March 2021||Final report||QCA—Final decision (Appendix A – 2019 DBCT DAU markup)||pdf, 3.09 Mb|
|30 March 2021||Final report||QCA—Final decision (Appendix B – 2019 DAU SAA markup)||pdf, 793.96 Kb|
|30 March 2021||Other documents||QCA—Arbitration guideline 2019 DBCT DAU||pdf, 674.78 Kb|
|26 February 2021||Consultant report||RMI—Review of the economic life of DBCT assets (redacted)||pdf, 1.44 Mb|
|01 February 2021||Consultant report||Advisian—Rehabilitation cost review report (Revision 1)||pdf, 20.64 Mb|
|10 December 2020||Consultant report||Advisian—Rebuttal report||pdf, 500.93 Kb|
|23 October 2020||Submission||DBCTM—Submission on DD (redacted)||pdf, 2.60 Mb|
|23 October 2020||Submission||DBCTM—Amended 2019 DAU 2 (mark-up)||pdf, 1.55 Mb|
|23 October 2020||Submission||DBCTM—Amended 2019 SAA 2 (mark-up)||pdf, 710.07 Kb|
|23 October 2020||Submission||DBCT User Group—Submission on DD (redacted)||pdf, 3.52 Mb|
|29 October 2020||Submission||Aurizon Network—Submission on DD||pdf, 168.08 Kb|
|26 August 2020||Draft report||QCA—Draft decision (Part A – decision report)||pdf, 1.20 Mb|
|26 August 2020||Draft report||QCA—Draft decision (Part B – arbitration guidelines)||pdf, 591.99 Kb|
|05 August 2020||Consultant report||Advisian—Rehabilitation cost review report||pdf, 18.88 Mb|
|23 April 2020||Submission||DBCTM—Submission on IDD (redacted)||pdf, 839.81 Kb|
|23 April 2020||Submission||DBCTM—Amended 2019 DAU (mark-up)||pdf, 2.58 Mb|
|23 April 2020||Submission||DBCTM—Amended 2019 SAA (mark-up)||pdf, 847.09 Kb|
|24 April 2020||Submission||DBCT User Group—Submission on IDD||pdf, 1.13 Mb|
|24 February 2020||Draft report||QCA—Interim draft decision||pdf, 1.26 Mb|
|01 July 2019||Submission||DBCTM—Cover letter||pdf, 1020.42 Kb|
|01 July 2019||Submission||DBCTM—2019 DAU submission (redacted, incl. Appendix 5)||pdf, 1.24 Mb|
|01 July 2019||Submission||DBCTM-Appendix 1 GHD Rehabilitation Plan||pdf, 3.49 Mb|
|01 July 2019||Submission||DBCTM-Appendix 2 Non-price terms of access||pdf, 89.09 Kb|
|01 July 2019||Submission||DBCTM-Appendix 3 DBCT 2019 DAU||pdf, 822.00 Kb|
|01 July 2019||Submission||DBCTM-Appendix 4 DBCT 2019 SAA||pdf, 464.92 Kb|
|01 July 2019||Submission||DBCTM-Appendix 6 Master plan 2018||pdf, 3.77 Mb|
|03 February 2021||Notice||QCA—Notice on timing for final decision||pdf, 69.52 Kb|
|29 October 2020||Notice||QCA—Notice for further submissions and stakeholder forums||pdf, 167.48 Kb|
|26 August 2020||Notice||QCA—Notice for submissions on draft decision and expiry of assessment timeframe||pdf, 177.04 Kb|
|29 April 2020||Notice||QCA—Notice for collaborative submissions||pdf, 199.96 Kb|
|24 February 2020||Notice||QCA—Notice for submissions on interim draft decision||pdf, 539.49 Kb|
|25 October 2019||Notice||QCA—Notice for further submissions||pdf, 675.20 Kb|
|23 August 2019||Notice||QCA—Staff questions for stakeholders||pdf, 591.67 Kb|
|05 July 2019||Notice||QCA—Notice of investigation and time periods||pdf, 561.59 Kb|
|11 June 2019||Other documents||QCA—Statement of Regulatory Intent (DBCT Management’s 2019 DAU)||pdf, 807.18 Kb|
|12 October 2017||Notice||QCA—Letter re DBCT initial undertaking notice||pdf, 548.57 Kb|
|12 October 2017||Notice||QCA—DBCT initial undertaking notice||pdf, 315.96 Kb|