Regulated infrastructure


Title Industry Type Status
Extension of the 2011 Hunter Valley Access Undertaking Rail Undertaking variation Submissions due
6 June 2016
On 20 May 2016, ARTC applied to the ACCC to vary its 2011 Hunter Valley Access Undertaking to extend the term of the undertaking by six months to 31 December 2016.
Domestic transmission capacity service final access determination inquiry 2014 Communications Access determination Finalised
21 April 2016

On 23 May 2014, the ACCC commenced a public inquiry into making a final access determination (FAD) for the domestic transmission capacity service (DTCS). The ACCC has commenced consultation on the primary price terms, with the release of a consultation paper on 23 July 2014.

The ACCC is consulting separately on non-price terms and conditions for the DTCS. On 25 March 2015, the ACCC released its draft decision on non-price terms and conditions, following a joint consultation process for a number of declared services, including the DTCS.

WaterNSW: annual review of regulated charges 2016-17 Water Price determination Finalised
19 May 2016

The ACCC has completed its second annual review of Water NSW’s regulated charges for water infrastructure services in the Murray-Darling Basin. This review applies to charges for 2016-17, the third and last year of the regulatory period 2014–17.

Annual reviews of charges for the second and subsequent years of a regulatory period are provided for under Division 3 of Part 6 of the Water Charge (Infrastructure) Rules 2010.

Patrick Port Adelaide wheat port exemption assesment Wheat export Access exemption Finalised
1 April 2016

On 1 April 2016, the ACCC released a final determination granting an exemption to Patrick at its Port Adelaide port terminal facility from Parts 3 to 6 of the Port Terminal Access (Bulk Wheat) Code of Conduct.

Port Kembla wheat ports exemption assessments Wheat export Access exemption Finalised
1 April 2016

A mandatory Code on bulk wheat terminal access commenced on 30 September 2014. The Code regulates bulk wheat port terminal operators to ensure that exporters have fair and transparent access to terminal facilities.The Code allows for regulation to be reduced at ports where appropriate. The ACCC may exempt a port terminal service provider from certain provisions of the Code in relation to a specific port terminal facility.

IPART application for accreditation under the water charge (infrastructure) rules Water Accreditation application Finalised
23 September 2015

On 23 September 2015, the ACCC made a Final Decision to accredit IPART under Part 9 of the Water Charge (Infrastructure) Rules 2010 (WCIR).

On 21 March 2016, the ACCC and IPART signed a Memorandum of Understanding (MOU) relating to their respective roles under the Water Charge (Infrastructure) Rules 2010 and other relevant legislation. The MOU sets out arrangements to promote effective communication, cooperation and coordination between IPART and the ACCC regarding these roles.

NBN Co - Special Access Undertaking Communications Monitoring Ongoing
15 April 2016

On 13 December 2013 the ACCC accepted NBN Co's Special Access Undertaking (SAU). The SAU commenced on 13 December 2013 and will expire in 2040.

The SAU specifies price and non-price terms and conditions relating to access to NBN Co's fibre, fixed wireless and satellite networks and other related services. Part XIC of the Competition and Consumer Act 2010 provides a role for the ACCC in monitoring and enforcing NBN Co's compliance with the SAU.

Local Bitstream Access Service Communications Access determination Ongoing
24 February 2016

On 7 April 2015, the ACCC commenced an access determination inquiry in relation to the Local Bitstream Access Service (LBAS).

On 22 February 2012, following amendments to the Competition and Consumer Act 2010, the ACCC declared the LBAS. The LBAS declaration does not expire.

On 3 October 2012, the ACCC made the LBAS Final Access Determination (FAD).

On 23 September 2015, the ACCC extended the period for making the next LBAS FAD until 7 April 2016. It also extended the current LBAS FAD until the day before a new FAD comes into force.