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.
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.
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.
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.
|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
|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|
|26 August 2020||Notice||QCA—Notice for submissions on draft decision and expiry of assessment timeframe||pdf, 177.04 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|
|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|