Fly Ash Supply Agreement

September 20, 2021

The authorisation is also subject to a condition obliging Boral to comply with clause 9.1 of the OOMA, which imposes obligations on Boral with regard to the supply of aerial ash to third parties. For more information on ACCC`s project, see the public accC registry at Boral Cement Fly Ash Purchase Agreement at Tarong Power Plant. Authorisation allows companies to benefit from legal protection for agreements that might otherwise be contrary to the law, but which are not prejudicial to competition and/or which are likely to have a general public interest. In this case, Boral and Stanwell applied for permission, among other things, on grounds that could involve anti-competitive conduct by OOMA, including the refusal of third parties to directly remove aerial ashes from Tarong PS. As part of the OOMA, Boral has the exclusive right to take fly ash from Stanwells Tarong PS and to take and pay for at least one minimum monthly barrel of fly ash. Fly ash is a waste that is produced in coal-fired power plants during the coal combustion process and can be used as a partial substitute for cement in the manufacture of concrete. The ACCC has made a final decision authorizing Boral Cement Limited and Stanwell Corporation Limited to enter into a Reception, Operation and Maintenance Agreement (OOMA). The authorisation shall be granted for a period of five years from the date of commencement of receipt, which shall be in line with the duration of the first term of office of the OOMA. . . . .

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