The Parliamentary Secretary to the Treasurer, the Hon David Bradbury MP, has certified the South Australian Ports Access Regime (SAPAR) as an 'effective access regime'; under the Competition and Consumer Act 2010 (CCA) for a period of 10 years.
"The SAPAR establishes appropriate mechanisms for obtaining access to key maritime services at six significant South Australian ports," Mr Bradbury said. "As these mechanisms are in keeping with the national framework for access regulation, I have decided to certify the Regime."
The SAPAR is established by the Maritime Services (Access) Act 2000 (SA), and is regulated by the Essential Services Commission of South Australia. It provides for arbitration of disputes about access to certain maritime services at key ports, where parties do not reach negotiated outcomes. The Regime covers services at Port Adelaide, Port Giles, Wallaroo, Port Pirie, Port Lincoln and Thevenard.
Certification of the SAPAR recognises that the Regime applies the same nationally-consistent principles for access regulation that are reflected in the National Access Regime and other certified access regimes. These principles have been agreed by the Commonwealth and all States and Territories, and are embodied in COAG's Competition Principles Agreement. Certifying the SAPAR provides certainty to industry about the access rules that apply to the ports, and avoids duplication between State and Commonwealth regulation.
This is the third certification decision under the CCA during 2011, following the successful applications by Queensland and Western Australia for certification of their rail access regimes. This reflects the commitment made by all States and Territories to submit their access regimes for certification.
"The commitment to certification is an important part of COAG's Seamless National Economy reforms," Mr Bradbury said. "I welcome the States and Territories' demonstrated commitment to this reform, and look forward to considering further certification applications in the coming months."
A copy of the certification and statement of reasons is available on the NCC website, www.ncc.gov.au.
9 May 2011