Ports pricing and access review 2007

Status

Current status is Final

Final

The Commission has finalised its review of the continuation of the pricing and access regimes that apply to seven commercial ports in South Australia. The review incorporated an Inquiry into the consistency of the SA ports access regime with certain aspects of the Competition and Infrastructure Reform Agreement (CIRA), entered into by COAG in February 2006. This Inquiry, which was directed to the Commission by the Acting Treasurer on 25 January 2007 pursuant to section 35(1) of the ESC Act, also examined areas where the ports access regime could be generally improved.

The Commission has concluded that the current ports price monitoring regime and third-party access regime should continue beyond 30 October 2007, for at least another 3 years. It has also found that the ports access regime is generally consistent with the requirements of clause 2 of the CIRA, although the Commission recommends that certain amendments to the regime could be made to introduce greater consistency, and that there are some minor modifications that could be made to otherwise improve the manner in which it operates.

The Commission's Final Report on the Review and Inquiry has been developed following a significant public consultation process.

 Following its review into the continuation of the SA ports pricing and access regimes, the Commission has released a price determination enabling the existing ports price monitoring arrangements to continue from 31 October 2007 up to and including 30 October 2010. The price determination replaces the 2004 Ports Price Determination, which expires on 30 October 2007.

Further Info

The Essential Services Commission of South Australia (the Commission) regulates prices at six commercial ports in SA, operated by Flinders Ports Pty Ltd. Prices are regulated pursuant to the Maritime Services (Access) Act 2000.

In November 2009, amendments to the Maritime Services (Access) Act 2000 were enacted by the South Australian Parliament to implement many of the recommendations put forward by the Commission in its 2007 Ports Pricing and Access Review – Final Report. One such amendment extended the length of the period for which prices are regulated from three years to five years.

To ensure consistency with the amended Maritime Services (Access) Act 2000, the Commission has varied the 2007 Ports Price Determination to extend the date of expiry of the price determination from 30 October 2010 to 30 October 2012.

The Commission has also varied the Price Determination to extend the time period for which a regulated service operator is required to submit its Regulatory Accounts to the Commission from three months to four months, reflecting a separate decision by the Commission in May 2010 to revise the South Australian Ports Industry Guidelines.