DBCT's 2019 draft access undertaking

Status
In progress
Final report
30/03/2021

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.

Final decision

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.

Draft decision

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.

Final decision

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.

Stakeholder consultation

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.
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 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

Title Document
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
Title Document
30 March 2021 Other documents QCA—Arbitration guideline 2019 DBCT DAU pdf, 674.78 Kb
Title Document
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
Title Document
21 January 2021 Submission DBCT User Group—Letter to the QCA pdf, 127.89 Kb
23 December 2020 Submission DBIM—Letter to the QCA pdf, 188.11 Kb
17 December 2020 Other documents QCA—Letter to the DBCT User Group pdf, 205.74 Kb
Title Document
04 December 2020 Submission DBCTM—Further submission (redacted) pdf, 1.47 Mb
04 December 2020 Submission DBCT User Group—Further submission pdf, 1.37 Mb
Title Document
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
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
Title Document
05 August 2020 Consultant report Advisian—Rehabilitation cost review report pdf, 18.88 Mb
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
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
Title Document
24 February 2020 Draft report QCA—Interim draft decision pdf, 1.26 Mb
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
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
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
Title Document
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