On 2 July 2019, Viterra provided a written application to the ACCC seeking to be determined an exempt service provider of port terminal services provided by means of all six of their port terminal facilities located in South Australia.
On 9 August 2019, the ACCC released an issues paper to commence a public consultation process on the application submitted by Viterra. After the release of the initial issues paper the ACCC received a range of additional information from Viterra. Subsequently, the ACCC released a supplementary issues paper on 25 May 2020.
On 6 October 2020, the ACCC released draft determinations proposing to exempt Viterra from its Port Adelaide Inner Harbour and Outer Harbor facilities. The ACCC did not propose to exempt Viterra's Port Giles, Port Lincoln, Thevenard or Wallaroo facilities.
On 27 April 2021, the ACCC released final determinations granting exemptions for Viterra's facilities at Port Adelaide Inner Harbour and Outer Harbor, and not granting exemptions for Viterra's facilities at Port Giles and Wallaroo.
On 20 July 2021, following consideration of the 2020-21 peak shipping period, the ACCC released final determinations to not grant Viterra exemptions for port terminal services by means of its port terminal facilities at Port Lincoln and Thevenard.
Background
The Wheat Port Code of Conduct commenced on 30 September 2014. The code regulates bulk wheat port terminal operators to ensure that exporters have fair and transparent access to terminal facilities. The code allows for regulation to be reduced at ports where appropriate. The ACCC may exempt a port terminal service provider from certain provisions of the code in relation to specific port terminal facilities.