Application By Orica Ic Assets Ltd & Ors Re Moomba To Sydney Gas Pipeline System [2004] ACompT 2

AUSTRALIAN COMPETITION TRIBUNAL APPLICATION BY ORICA IC ASSETS LTD & ORS RE MOOMBA TO SYDNEY GAS PIPELINE SYSTEM [2004] ACompT 2

RE: APPLICATION FOR REVIEW OF THE DECISION BY THE MINISTER FOR INDUSTRY, TOURISM AND RESOURCES PUBLISHED ON 19 NOVEMBER 2003 IN RELATION TO THE APPLICATIONS FOR REVOCATION OF COVERAGE OF CERTAIN PORTIONS OF THE MOOMBA TO SYDNEY GAS PIPELINE SYSTEM

BY: ORICA IC ASSETS LTD (formerly Incitec Ltd) (ABN 410 107 672 63) And ENDEAVOUR COAL PTY LTD (ABN 380 998 304 76) And ENERGY USERS ASSOCIATION OF AUSTRALIA INC (ABN 83 814 086 707) And ENERGY ACTION GROUP INC (A00127896)

NO 6 OF 2003

GYLES J (Deputy President), MR RC DAVEY and MISS MM STARRS 4 MARCH 2004 SYDNEY

IN THE AUSTRALIAN COMPETITION TRIBUNAL NO 6 OF 2003

RE: APPLICATION FOR REVIEW OF THE DECISION BY THE MINISTER FOR INDUSTRY, TOURISM AND RESOURCES PUBLISHED ON 19 NOVEMBER 2003 IN RELATION TO THE APPLICATIONS FOR REVOCATION OF COVERAGE OF CERTAIN PORTIONS OF THE MOOMBA TO SYDNEY GAS PIPELINE SYSTEM

BY: ORICA IC ASSETS LTD

(formerly Incitec Ltd) (ABN 410 107 672 63)

FIRST APPLICANT

And

ENDEAVOUR COAL PTY LTD (ABN 380 998 304 76)

SECOND APPLICANT

And

ENERGY USERS ASSOCIATION OF AUSTRALIA INC

(ABN 83 814 086 707)

THIRD APPLICANT

And

ENERGY ACTION GROUP INC (A00127896)

FOURTH APPLICANT

THE TRIBUNAL: GYLES J (Deputy President)

MR RC DAVEY

MISS MM STARRS DATE: 4 MARCH 2004

PLACE: SYDNEY

REASONS FOR RULING 1 On 12 February rulings were made as to participation in the proceedings by various parties. The transcript records the basis for the rulings. It is appropriate to give complete reasons in relation to the decision that neither Energy Users Association of Australia Inc (EUAA) nor Energy Action Group Inc (EAG) is a qualified applicant for review of the relevant decision as neither body is adversely affected by the decision of the Minister in question within the meaning of s 38(1) of Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 (the Access Law). That decision and the place it occupies in the legislative scheme sufficiently appear from the reasons set out in Application by Orica IC Assets Ltd Re Moomba to Sydney Gas Pipeline System [2004] ACompT 1. 2 EUAA is a membership-based not for profit incorporated Victorian association which was formed on 1 January 2002. The Rules of Incorporation provide that any bona fide energy user can apply to join. Over the years EUAA has had members in Victoria, South Australia, New South Wales and the Australian Capital Territory. It is claimed that members maintain operations in all Australian jurisdictions where energy is used extensively and that members consume more than 40 per cent of the gas used in New South Wales. The evidence is that EUAA has participated in various reviews of energy policy, made submissions to regulators and policy makers on energy issues, and maintained membership of and involvement in various organisations related to energy. 3 EUAA claims that the interests of EUAA and its members will be adversely affected as follows: '(i) The decision adds to the transportation costs of gas and will flow on to gas costs in New South Wales.