Wheat export

The Port Terminal Access (Bulk Wheat) Code of Conduct, which was made on 30 September 2014, regulates the conduct of bulk wheat port terminal operators. The ACCC enforces the Code and also has certain specific roles in relation to exemptions and capacity allocation systems. The ACCC’s role replaces its previous wheat export function whereby it assessed port terminal services access undertakings for wheat export.

Projects

Title Type Status
Victorian wheat ports exemption assessments Access exemption Finalised
25 June 2015
A mandatory Code on bulk wheat terminal access commenced on 30 September 2014, replacing the previous access undertakings regime administered by the ACCC. The Code regulates bulk wheat port terminal operators to ensure that exporters have fair and transparent access to terminal facilities.
Port of Brisbane wheat ports exemption assessments Access exemption Submissions due
15 July 2015

A mandatory Code on bulk wheat terminal access commenced on 30 September 2014. The Code regulates bulk wheat export 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. Exempt service providers do not need to comply with Parts 3 to 6 of the Code.

Port Kembla wheat ports exemption assessments Access exemption Under assessment
29 May 2015

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.

On 7 May 2015 the ACCC released an issues paper in order to seek views on whether it is appropriate to determine one or both of:

Newcastle wheat ports exemptions assessments - NAT and Qube Access exemption Under assessment
29 May 2015

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.

On 7 May 2015 the ACCC issued draft determinations that:

Viterra 2015 Access determination Under assessment
24 April 2015

Viterra is a bulk handling company that operates six bulk wheat port facilities in South Australia.

On 12 March 2015, Viterra applied to the ACCC to vary the capacity allocation system contained in its current Port Loading Protocols. Viterra is seeking to introduce long term capacity agreements for the export of bulk wheat from South Australia. It intends that these agreements would be for capacity from late 2015 onwards.

GrainCorp Newcastle exemption Access exemption Finalised
1 October 2014

The ACCC has granted an exemption for GrainCorp’s Carrington terminal at the Port of Newcastle under the new mandatory Code on bulk wheat terminal access.

The Code commenced on 30 September 2014, replacing the previous regime of access undertakings administered by the ACCC. It regulates monopoly bulk wheat port terminal operators to ensure that exporters have fair and transparent access to terminal facilities.

Co-operative Bulk Handling 2011 Access undertaking Expired
25 September 2014
On 28 September 2011 the ACCC accepted the 2011 Undertaking provided to the ACCC by CBH on 20 September 2011.
GrainCorp Operations Ltd 2011 Access undertaking Expired
25 September 2014
GrainCorp provided the ACCC with a revised Proposed 2011 Undertaking on 31 January 2011 which contains technical amendments to the Undertaking lodged on 22 September 2010.

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