DBCT's 2019 draft access undertaking

Status
In progress

DBCT Management’s 2019 draft access undertaking (2019 DAU) sets out the terms and conditions DBCT Management proposed for negotiating access to the Dalrymple Bay Coal Terminal (DBCT), after the 2017 access undertaking terminates in July 2021.

Draft decision

We made a draft decision to refuse to approve DBCT Management’s 2019 DAU. Our draft decision report outlines:

  • reasons for our draft decision
  • how we consider DBCT Management could amend its 2019 DAU so that it will be appropriate for us to approve it
  • specific matters we request stakeholders to comment on.

We invite stakeholders to comment on the matters discussed in our draft decision, by Friday 23 October 2020.

Expiry of statutory assessment period

The QCA Act states that we must use our best endeavours to decide whether to approve, or refuse to approve, a DAU within a six-month period, excluding time periods specified in section 147A(3) of the QCA Act.

The assessment period for the 2019 DAU expired on 1 August 2020. We published a notice outlining the reasons for failing to decide to approve or refuse to approve the 2019 DAU, in accordance with section 147A(5)(b).

We plan to complete consideration of DBCT Management’s 2019 DAU as soon as reasonably practicable. The date we currently intend for that to happen is at the end of February 2021.

DBCT Management’s 2017 access undertaking notionally terminates on 1 July 2021.

We issued DBCT 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 DBCT Management’s 2019 DAU, on 11 June 2019.

DBCT 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 DAU, based on our preliminary assessment of the proposed pricing model. Our reasons for this decision and how we consider DBCT Management could amend its pricing model in order to be appropriate to approve, are outlined in the interim draft decision report available for download below.

Draft decision

We made our draft decision to refuse to approve the 2019 DAU. Our reasons for this decision and how we consider DBCT Management could amend its 2019 DAU so that it will be appropriate for us to approve it, are outlined in the draft decision report available for download below.

Stakeholder consultation

We have provided stakeholders four opportunities to make submissions on the 2019 DAU thus far:

  • 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 invited stakeholders to make submission on our draft decision.

Next steps—submissions invited

We invite stakeholders to make submissions on our draft decision, by Friday 23 October 2020.

Date Step
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 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 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 DAU and invited stakeholder submissions
23 October 2020 Submissions period closes

Report and papers

Date
Title Document
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
Date
Title Document
26 August 2020 Notice QCA—Notice for submissions on draft decision and expiry of assessment timeframe pdf, 177.04 Kb
Date
Title Document
05 August 2020 Consultant report Advisian—Rehabilitation cost review report pdf, 18.88 Mb
Date
Title Document
05 June 2020 Submission DBCTM-Cover letter for collaborative submission pdf, 160.30 Kb
05 June 2020 Submission DBCTM-Collaborative submission (redacted) pdf, 664.94 Kb
05 June 2020 Submission DBCT User Group-Collaborative submission pdf, 503.20 Kb
Date
Title Document
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
Date
Title Document
24 February 2020 Draft report QCA—Interim draft decision pdf, 1.26 Mb
Date
Title Document
22 November 2019 Submission DBCTM—Further submission (redacted) pdf, 477.31 Kb
22 November 2019 Submission DBCT User Group—Further submission (redacted) pdf, 473.79 Kb
22 November 2019 Submission New Hope Group—Further submission (redacted) pdf, 439.36 Kb
Date
Title Document
23 September 2019 Submission DBCT User Group—Submission on 2019 DAU (redacted) pdf, 2.00 Mb
23 September 2019 Submission New Hope Group—Submission on 2019 DAU (redacted) pdf, 482.56 Kb
23 September 2019 Submission Whitehaven-Coal—Submission-on-2019-DAU pdf, 43.37 Kb
Date
Title Document
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
Date
Title Document
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