On 23 July 2020, the New South Wales Minerals Council applied to the National Competition Council (NCC) requesting that it recommend that certain services at the Port of Newcastle be declared under the National Access Regime.
Australia's National Access Regime, contained in the Competition and Consumer Act 2010 (the Act), facilitates third party access to significant infrastructure facilities.
The NCC's recommendation not to declare the service was received on 18 December 2020. Under the Act, the relevant Minister has 60 days to consider the NCC's recommendation.
Consistent with the NCC's recommendation, I have decided not to declare the service under the National Access Regime.
The NCC's final recommendation, my decision and reasons are available on the NCC website.
As a separate matter, I am aware that processes relating to Australia's National Access Regime have in the past had the potential to take many years to reach a conclusion. The National Access Regime exists to promote the economically efficient operation and investment in infrastructure.
It has become apparent that the National Access Regime could benefit from an examination to ascertain whether the length of time that processes under the Regime can take is appropriate and consistent with this objective.
I have tasked the Department of the Treasury with undertaking that examination and reporting to me in the first half of this year.
