Fly Ash Supply Agreement

Accreditation is also subject to a condition that requires Boral to comply with point 9.1 oOMA, which imposes obligations on Boral to supply ashes to third parties. For more information on the ACCC`s destination project, visit the ACCC Public Registry at: Boral Cement Fly Ash Offtake Agreement at Tarong Power Station. Accreditation provides companies with legal protection for agreements that otherwise may be in violation of the law, but which do not harm competition and/or may result in general public benefits. In this case, Boral and Stanwell sought permission for reasons such as that OOMA may involve exclusionary behaviour contrary to competition law, including denying third parties the right to steal directly from Tarong PS. Permission is granted for a period of five years from the start date, the start date of OOMA`s first term. The ACCC adopted a final decision allowing Boral Cement Limited and Stanwell Corporation Limited to implement an offtake, operating and maintenance (OOMA) contract. As part of OOMA, Boral has the exclusive right to take fly ash from Stanwells Tarong PS and to take and pay at least a minimum monthly tonnage of flying ash. Fly ash is a by-product of waste that, during the coal burning process, is produced in coal-fired power plants and can be used as a substitute for cement in the manufacture of concrete.