The Australian Competition and Consumer Commission (ACCC) has consented to Emerald Logistics Pty Ltd’s (Emerald) application to extend and vary its 2013 wheat Port Terminal Services Access Undertaking (2013 Undertaking).
The 2013 Undertaking governs access to port terminal services at Melbourne Port Terminal and is currently set to expire on 30 September 2014. A mandatory code of conduct is anticipated to commence on 1 October 2014.
Emerald has applied to extend the operation of the 2013 Undertaking until 30 September 2015 in the event that the code does not commence on 1 October 2014. The provisions are essentially unchanged from the current provisions governing third-party access.
“The ACCC considers that the extension of Emerald’s undertaking for one year and the inclusion of ‘early expiry’ provisions ensure certainty over access arrangements at Melbourne Port Terminal from 1 October 2014,” ACCC Commissioner Cristina Cifuentes said.
The ACCC’s final decision is that the terms of Emerald’s proposed extension and variation of its 2013 Undertaking are appropriate and that, accordingly, the ACCC has decided to consent to Emerald’s application.
The ACCC has a role in approving access undertakings for port terminal operators who also have bulk wheat exporting operations.
For the ACCC's final decision, see: Emerald Logistics 2013.