The ACCC has released an issues paper seeking views on whether to exempt Viterra Operations Pty Ltd (Viterra) from certain parts of the Wheat Port Code of Conduct at some or all of the following port terminal facilities in South Australia:
- Port Lincoln
- Port Adelaide Outer Harbor
- Port Adelaide Inner Harbour
- Wallaroo
- Port Giles
- Thevenard.
Port terminal service providers are required to comply with the mandatory code. The ACCC is currently considering whether it is appropriate for Viterra to be exempt from parts 3 to 6 of the code at each of these facilities. The ACCC will consider the case for each facility separately.
The ACCC’s issues paper outlines Viterra’s application for exemption and seeks public submissions in response to questions in the paper.
The issues paper and Viterra’s submission are available at Viterra wheat port exemption assessment.
The closing date for submissions is 6 September 2019.
Background
The Wheat Port Code of Conduct commenced on 30 September 2014. The code regulates bulk grain port terminal operators to ensure that exporters have fair and transparent access to port terminal services.
Exempt service providers are not required to comply with most of the code’s obligations, including obligations not to discriminate or hinder other exporters when providing access to port terminal services, or to submit port capacity allocation systems for ACCC approval. They are still required to deal with exporters in good faith and publish certain information, including a port loading statement and port loading procedures.