Ports pricing and access review 2022
- Project Released: 3 Dec 2021
- Project Closes: Oct 2022
- Contact: Mark Caputo
Overview
The Commission is undertaking a review of the South Australian ports access and pricing regime as required by the Maritime Services (Access) Act 2000 (MS Act).
After careful consideration of stakeholder submissions and the National Competition Council’s recommendations in relation to the recent re-certification of the ports regime, the Commission intends to undertake a two-stage review.
Stage one
The first stage will review the access regime, under section 43 of the MS Act, with a view to making a recommendation to the Minister as to whether the regime should continue in operation for a further five-year period.
The first stage will also review, under section 6 of the MS Act, the ongoing need for and, if needed, form of a price determination to be made by the Commission under the Essential Services Commission Act 2002 (ESC Act).
Stage one is to be finalised by October 2022.
Stage two
The second stage will involve a general review, under section 9 of the MS Act, with a view to determining whether or not regulation (or further regulation) is required.
Status
Current status is Final
- Initiate
- Submissions
- Draft
- Submissions
- Final (S1)
- Final (S2)
Final - Stage 1
The Commission has completed its final report for stage one of the review of the South Australian ports access and pricing regime. Its final recommendation is that the access regime should continue in operation for a further five years. The access regime is a low-cost form of regulation that supports commercial negotiation for access, and most stakeholders have supported its continuation.
The Commission’s review under stage one has also assessed the need for, and form of, a price determination to be made under the Essential Services Commission Act 2002. The Commission’s final decision is that a price determination will be made, and it will take effect on 31 October 2022 and end on 30 October 2027. The price determination applies to Flinders Ports and involves annual monitoring and publication of its prices and its financial performance.
Stage two of the Commission’s review will commence shortly. This will consider a range of issues raised by stakeholders and the National Competition Council when it re-certified the South Australian access regime.