Access to monopoly infrastructure

Access regulation seeks to promote effective competition in markets that depend on using the services of infrastructure that cannot be economically duplicated.

Current matters

Application for certification of the NSW water infrastructure access regime

On 31 July 2019, the Council received an application under section 44M of the Competition and Consumer Act 2010 (CCA) from the Premier of NSW, the Hon Gladys Berejiklian MP, for certification of the NSW third-party access regime for water infrastructure services. The Council invites interested parties to make written submissions on the application. Submissions on the application must be received by 5pm on Friday 13 September 2019.

Current status - 1. Application

Consideration of possible recommendation to revoke declaration of service at the Port of Newcastle

In July 2018, the Council received a submission from Port of Newcastle Operations Pty Ltd that the Council should recommend under section 44J of the Competition and Consumer Act 2010 (Act) that the designated Minister revoke the declaration of the shipping channel service at the Port of Newcastle. The Council conducted a public consultation process, including receiving submissions from interested parties, and releasing a Statement of Preliminary Views for comment (19 December 2018). The Council’s recommendation to the designated Minister, the Hon. Josh Frydenberg MP, was that declaration be revoked. The Minister received the recommendation on 26 July 2019. The Minister had not published a decision 60 days later. Accordingly, under s 44J(7) of the Act, the Minister was taken to have made and published a decision that the declaration be revoked on 24 September 2019.

Current status - 5. Council’s final views