The Australian Competition and Consumer Commission (ACCC) has issued a draft decision proposing to consent 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 combination of a one-year extension and ‘early expiry’ clauses is a practical and appropriate response that provides certainty to industry about the immediate arrangements at Melbourne Port Terminal,” ACCC Commissioner Cristina Cifuentes said.
The ACCC’s draft decision is that the terms of Emerald’s proposed extension and variation of its 2013 Undertaking are appropriate. It proposes to consent to Emerald’s application.
The ACCC is seeking comments from interested parties on its draft decision by 22 August 2014. Submissions received in response to the draft decision will be considered by the ACCC prior to making its final decision.
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