Consultation – Draft Access Policy submitted by Darwin Port Operations Pty Ltd

​The ports access and price regulation regime is established and defined by the Ports Management Act (the Act) and Ports Management Regulations (the Regulations).

The Act establishes the Utilities Commission as the regulator for Part 11 of the Act. The Commission’s role in relation to port access and price regulation commenced with the appointment of Darwin Port Operations Pty Ltd as the private port operator on 16 November 2015. The Act requires a private port operator to prepare and comply with an access policy.

The Regulations requires a private port operator to submit a draft access policy to the Commission within four months of the port operator being appointed. Darwin Port Operations Pty Ltd provided a Draft Access Policy to the Commission on 10 March 2016.

The access policy aims to provide a framework for port users requesting access to prescribed services, the approach to be taken by the private port operator in determining access and the terms on which access will be provided at the Port of Darwin.

The Commission has 60 days after receiving the draft access policy to approve the policy or advise of changes that are required to the policy. The Commission must approve the access policy if it meets the requirements of the Act, the Regulations and any matters specified by the Minister by Gazette notice.

Although not specifically required by the Act, the Commission considers it good regulatory practice to consult with port users and other stakeholders as part of its consideration of the draft access policy.

The Commission seeks submissions from stakeholders on the draft access policy’s compliance with section 13(2) of the Ports Management Regulations.

Submissions should be directed to:

Utilities Commission of the Northern Territory
GPO Box 915 DARWIN NT 0801
Telephone: +61 8 8999 5480
Email: utilities.commission@nt.gov.au

The closing date for submissions is Thursday 7 April 2016.

Questions related to the draft access policy of a technical or operational nature should be directed to Darwin Port Operations Pty Ltd in the first instance. The contact officer is Chief Executive, Mr Terry O'Connor (08) 8922 0655.

Confidentiality

In the interests of transparency and to promote informed discussion, the Commission will generally make submissions publicly available. Persons wishing to submit confidential information should clearly identify the relevant sections of the submission that are confidential, so that the remainder of the document can be made publicly available; and provide a copy of the submission suitable for publication with any confidential material removed.