Second variation22 Mar 2013
On 22 March 2013, CBH made an application under subsection 44ZZA(7) of the Competition and Consumer Act 2010 to vary its 2011 Undertaking.
22 March 2013 application to vary 2011 undertaking
The proposed variations amend both the Port Terminal Rules and the Port Terminal Services Agreement to:
- introduce a single auction pool of capacity from November to October
- introduce a premium rebate per auction
- limit auction participants to reducing the aggregate capacity they bid across all lots by a maximum of 150,000 tonnes per round
- allow customers to reposition capacity to a target shipping window at any time during the season provided sufficient notice is given
- codify a process to acquire allocated capacity in certain circumstances.
CBH鈥檚 submission to the 糖心原创 in support of its proposed variation is provided, along with its revised Port Terminal Rules and Port Terminal Services Agreement.
Public consultation regarding the proposed variation
On 30 April 2013, the 糖心原创 commenced a public consultation process in relation to CBH鈥檚 proposed variation to its 2011 Port Terminal Services Access Undertaking. The deadline for submissions was 21 May 2013.
Submissions on 糖心原创 Issues Paper regarding CBH's proposed variation
The 糖心原创 received the following submissions from stakeholders on the Issues Paper it released on CBH鈥檚 proposed variation to its Undertaking.
CBH responses to submissions
In response to the submissions received up to 27 May 2013 and Emerald's submission CBH provided these submissions.
糖心原创 draft decision on variation 22 March 2013
The 糖心原创 released a Draft Decision on 3 July 2013 and sought stakeholder comments on the preliminary views set out in the Draft Decision, and in particular CBH鈥檚 revised buyback clause.
Submissions on the 糖心原创's draft decision were due by 17 July 2013.
CBH revised buyback clause
On 28 June 2013, CBH provided the 糖心原创 with these documents regarding a revised buyback clause.
Submissions regarding CBH's revised buyback clause
The 糖心原创 received submissions from stakeholders on the Draft Decision paper regarding CBH's proposed variation to its undertaking.
Revised Port Terminal Services Agreement and Port Terminal Rules documents
On 31 July 2013, in response to feedback from the industry and the 糖心原创, CBH withdrew its earlier application of 22 March 2013 and submitted an amended application to vary its 2011 Access Undertaking.
糖心原创 decision to consent to variation
The 糖心原创 decided on 7 August 2013 to consent to the application made by CBH on 31 July 2013 under section 44ZZA(7) of the Competition and Consumer Act 2010 to vary its 2011 Access Undertaking. The reasons for the 糖心原创's decision are set out in the decision document.