The ACCC has released a final position stating that it intends to grant exempt service provider status under the Wheat Port Code of Conduct to T-Ports Pty Ltd at Lucky Bay.
An exemption would mean that T-Ports will not be required to comply with Parts 3 to 6 of the code when providing port terminal services at Lucky Bay.
The exemption will be made once T-Ports' facility, which is in the final stages of development, is complete. T-Ports currently estimates that construction of its facility will be completed by December 2019 with services to be provided from January/February 2020.
The final position document contains the ACCC’s reasons for deciding to grant T-Ports an exemption.
In summary, the ACCC considers that T-Ports will have strong commercial incentives to provide fair and transparent access to port terminal services at its Lucky Bay facility. T-Ports as a new entrant will face a high level of competitive constraint in bulk grain export port terminal services on the Eyre Peninsula from Viterra Pty Ltd.
The ACCC’s final position follows a public consultation process on an ACCC issues paper regarding T-Ports' application for exemption. No submissions were received in response.
The final position document is available on the ACCC website at Final position.
Background
The Port Terminal Access (Bulk Wheat) Code of Conduct commenced on 30 September 2014 and regulates bulk grain port terminal operators to ensure that exporters have fair and transparent access to port terminal services.
Exempt service providers are not required to comply with most of the Wheat Code’s obligations, including obligations not to discriminate or hinder other exporters when providing access to port terminal services, or to submit port capacity allocation systems for ACCC approval. They are still required to deal with exporters in good faith and publish certain information, including a port loading statement and port loading procedures.