Wheat Export: Port Terminal Service Access Undertakings
To maintain export accreditation post 1 October 2009, vertically integrated wheat exports/ bulk handling companies are required by the Wheat Export Marketing Act 2008 (WEMA) to pass an 'access test', and having undertakings accepted by ACCC is one way to pass the test. On 29 September 2009 the ACCC accepted port terminal access undertakings from bulk handling companies (BHCs) Co-operative Bulk Handling Ltd, AusBulk Ltd (now Viterra) and GrainCorp Operations Ltd (GrainCorp).
The Undertakings include:
obligations on the BHCs not to discriminate or hinder access in the provision of port terminal services;
clear and transparent port loading protocols for managing demand for port terminal services;
obligations on BHCs to negotiate in good faith with eligible wheat exporters for access to port terminal services; and
the ability of wheat exporters to seek mediation or binding arbitration on terms of access in the event of a dispute.
The accepted undertakings are due to expire on 30 September 2011. Documents relating to the accepted undertakings can be accessed via the links below.
GrainCorp, Viterra and CBH have submitted new proposed undertakings for assessment by the ACCC to apply from 1 October 2011. The ACCC has also received a proposed undertaking from Australian Bulk Alliance. Documents relating to new proposed undertakings can also be accessed via the links below.
Monitor compliance with the Undertakings- in particular, compliance with the non discrimination clause
Arbitrate access disputes where appropriate
Order independent audits where appropriate
Undertakings to be reviewed in 2011
To assist the ACCC to undertake its monitoring activities, interested parties wishing to raise a matter in relation to the operation of an Undertaking are requested to contact:
Ms Lyn Camilleri Director- Transport Access Transport and General Prices Oversight ACCC GPO Box 520 MELBOURNE VIC 3001 Email:transport@accc.gov.au Tel: 03 9290 1973
