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Mallesons advises on two-year Port Waratah Coal deal

Mallesons advises on two-year Port Waratah Coal deal

Port Waratah Coal Services has hired Mallesons Stephen Jaques for two-year negotiations with the NSW Government to approve a long term coal export plan in the Hunter Valley.

PORT Waratah Coal Services has hired Mallesons Stephen Jaques for two-year negotiations with the NSW Government to approve a long term coal export plan in the Hunter Valley.

The Australian Competition and Consumer Commission (ACCC) has approved the port terminal-based capacity framework arrangements, which were said to result in a significant increase in exports for the Hunter Valley coal industry from 1 January this year.

The Mallesons team acting for PWCS was led by competition partner Dave Poddar and senior associate Wayne Leach.

“Our role involved working closely with the Government and the Newcastle Coal Infrastructure Group (NCIG) and advising PWCS on the complex competition issues relating to industry collaboration and infrastructure capacity constraints,” Poddar said.

Leach added: “This has been a major matter and we are really pleased with the outcome after the team’s hard work over the last two years.”

“By working with the ACCC and NSW Government, PWCS has been able to obtain greater certainty for future investment through a ground-breaking solution which will deliver substantial benefits to the NSW and Australian economies,” Leach said.

According to NSW Ports Minister Paul McLeay, the new arrangements are expected to generate $500 million in coal royalties each year.

Poddar works in Mallesons' Sydney office, specialising in antitrust law, particularly mergers and acquisitions, and general competition and cartel matters. He is included in the International Who's Who of Competition Lawyers and Economists, the US publication Best Lawyers International, and Chambers Global Guide 2009. 

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