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. On 19 December 2018, the Council released its Statement of Preliminary Views on the matter. Submissions from interested parties on the Statement of Preliminary Views were received in February 2019. At the request of the Council, NERA Economic Consulting produced a report dated 8 April 2019, to assist the Council’s consideration of whether the declaration would be likely to satisfy the criterion set out in section 44CA(1)(a) of the Act in respect of the coal tenenents market. Interested parties were invited to make written submissions to the Council on the opinions expressed in the report by 5.00pm on 26 April 2019.

Current status - 4. Submissions on Council’s preliminary views