Port Annual Report to the Minister on Material Instances of Non-compliance with the Access Policy and Determinations

The Ports Management Act establishes the Utilities Commission as the economic regulator of the port access and pricing regime for the Port of Darwin. Section 121 of the Act requires the Commission to report to the Minister by 1 December each year about: 

  1. (a) any reports received from the private port operator on material instances of non-compliance with the private port operator’s access policy and

  2. (b) any instances of non-compliance with a determination made by the Commission.

The Minister must table the reports in Parliament within seven sitting days of receipt.

Since the commencement of the ports access and pricing regime in late 2015, the Commission has made two annual reports to the Minister.

The findings from the 2016-17 Annual Report to the Minister were that the private port operator reported to the Commission by the due date. The private port operator reported no material instances of non-compliance for 2016-17. The private port operator met its obligations under section 130 of the Ports Management Act. The Commission is not aware of any instances of non-compliance with the price determination.