The Australian Competition and Consumer Commission has issued a final determination granting an exemption to Patrick Stevedoring Pty Ltd from having to comply with Parts 3 to 6 of the Port Terminal Access (Bulk Wheat) Code of Conduct in relation to its facilities at Berth 29, Port Adelaide.
“The ACCC considers that Patrick faces sufficient competitive constraint to warrant reducing the level of regulation it faces under the code when providing services at its Port Adelaide facility,” ACCC Commissioner Cifuentes said.
This exemption follows public consultation by the ACCC on its draft determination to exempt the Patrick facility. The ACCC received four submissions – from the Australian Grain Exporters Association, Glencore/Viterra, Asciano/Patrick, and Grain Producers SA. All four submissions supported granting the exemption.
“The ACCC considers that Viterra is the dominant provider of bulk wheat port terminal services in SA, especially given Viterra’s extensive upcountry network. In the absence of full regulation under the code, Patrick will continue to face strong competition for bulk wheat volumes from Viterra’s terminals,” Ms Cifuentes said.
Consistent with its approach to exemptions at other ports, the ACCC will undertake monitoring of the bulk wheat terminals and level of competition in SA.
The ACCC’s full assessment in relation to the Patrick operation at Port Adelaide is set out in its final determination document: Patrick Port Adelaide wheat port exemption assessment.