I have today decided not to declare the Caltex pipeline or the jet fuel storage and pipeline network (the Sydney Joint User Hydrant Installation (JUHI) Service) that service Sydney Airport, under the National Access Regime in Part IIIA of the Competition and Consumer Act 2010 (CCA).
On 27 September 2011, the National Competition Council (NCC) received two applications from the Board of Airline Representatives of Australia Inc for declaration of the services provided by the Caltex pipeline and the Sydney JUHI Service.
On 15 March 2012, the NCC delivered to me its final recommendations on this matter. As the matter falls within my portfolio of responsibilities, I am the designated Minister for the purposes of this decision. My decision not to declare these services is in accordance with the NCC's final recommendations.
Having considered the NCC's final recommendations, I am not satisfied that access to the Caltex pipeline and/or the Sydney JUHI Service would promote a material increase in competition in any of the relevant dependent markets. Nor am I satisfied that access to the Caltex pipeline and/or the Sydney JUHI Service would not be contrary to the public interest. Accordingly, I cannot declare these services.
My statement of reasons and the NCC's final recommendations are available on the NCC's website.