The Australian Competition and Consumer Commission (ACCC) has granted interim authorisation to allow various coal producers to commence collective negotiations with QR Network for access to its Moura and Blackwater rail systems.
According to the ACCC, access to these systems is necessary to transport coal to the new Wiggins Island Coal Export Terminal, to be built in the Port of Gladstone, Queensland.
The new terminal will be constructed in stages over several years, as mines in the region are developed. Application submissions reportedly revealed that certain Wiggins Island producers need to urgently secure rail access to support stage 1 of the terminal’s development.
The ACCC says authorisation will allow producers and QR Network to accelerate current negotiations to secure rail capacity, which is also likely to facilitate the timely construction of the new terminal. Interim authorisation is granted in relation to stage 1 negotiations only and is conditional upon any access agreement entered into containing a condition precedent that final authorisation be granted by the ACCC.
Authorisation provides immunity from court action for conduct that might otherwise raise concerns under the competition provisions of the Trade Practices Act 1974.