Negotiations between Qube and Flinders Ports and the application of the Maritime Services (Access) Act 2000 SA
- Project Released: 17 Sep 2021
- Project Closes: Sep 2021
- Contact: Mark Caputo
Qube and Flinders Ports lodged submissions to the Commission in respect of the terms of a proposed stevedoring licence and the application of the Maritime Services (Access) Act 2000 (SA) (MSA Act).
Current status is Final
The Commission has carefully considered all submissions made to it by the parties (Qube and Flinders Ports) and has undertaken its own enquiries and analysis of the relevant provisions of the MSA Act to determine what (if any) of the services sought by Qube are ‘regulated services’ for the purposes of the MSA Act. In determining that matter, it has also reached a position on whether there is a ‘dispute’ that can be conciliated or referred to arbitration by the Commission under that Act.
The Commission has determined that:
(1) Qube is not seeking access to ‘regulated services’ as defined under the MSA Act, pursuant to the licence, and
(2) there is not an access ‘dispute’ that can be referred to the Commission for conciliation or referral to arbitration under the MSA Act.