icon-ports Ports pricing and access review 2022

  • Project Released: 3 Dec 2021
  • Project Closes: Oct 2022
  • Contact: Mark Caputo


The Commission is commencing a review of the South Australian ports access regime as required by the Maritime Services (Access) Act 2000.


Current status is Initiate

  • Initiate
  • Submissions
  • Draft
  • Submissions
  • Final


Public Notice

The Commission is calling for submissions to its review of the ports access regime and the ports pricing regime. This constitutes notice of the review under section 43(3) of the Maritime Services (Access) Act (MSA Act).

  • The Commission must conduct a review of the industries subject to Part 3 of the MSA Act, which regulates access to maritime services at proclaimed ports, to determine whether or not that Part should continue to apply to those industries.
  • Having conducted that review, the Commission must advise the Minister for Infrastructure and Transport of the review outcomes and make a recommendation as to whether or not the regime should continue in operation for a further five years from 31 October 2022.
  • The Commission will also review its 2017 ports price determination. The review will consider whether the pricing regime should continue and, if so, in what form, and specify the expiry date.

Submissions and input are welcomed on any topics relevant to the review. The following questions may assist parties in targeting submissions.

  1. Considering recent changes and longer-term trends in the services offered at proclaimed ports, does the access regime provide an appropriate framework for market participants to negotiate competitive and efficient outcomes?
    • Submissions may wish to discuss elements such as market structure (entry, exit and market shares), pricing practices, ring fencing and confidentiality provisions, and overall trends in profitability, and how these elements impact competition and efficiency in specific markets.
  2. Are there any changes to the scope or operation of the access regime that would improve the services offered at proclaimed ports to the long-term benefit of consumers?
  3. What benefits do stakeholders gain from the current level of price monitoring and reporting, noting that the negotiate-arbitrate regime promotes commercially negotiated outcomes?
  4. If the pricing regime is not delivering the anticipated benefits, should it be removed, strengthened or otherwise modified, and what would be the likely impact on specific markets?

Submissions should include evidence in support of arguments.

For a detailed explanation of the scope and operation of the access regime and the pricing regime, participants may refer to the Commission’s 2017 ports pricing and access review and the National Competition Council’s 2021 recommendation on the certification of the South Australian ports access regime.

Written submissions should be provided by 1 February 2022.


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