A wave of port infrastructure development projects has swept the nation, as ports enhance their facilities and ability to accept ever-larger vessels and/or seek to add berth capacity or new freight capacities (such as container terminals). We have worked on a number of such projects through 2018, many of which are ongoing as part of long term port capacity planning.
On a related note are the additional and growing critical infrastructure and border security concerns. This year has seen the imposition of mandatory data security protocols for declared critical infrastructure assets, including many ports, as well as moves by border authorities to exert greater control over the integrity of cargo operations within ports. In the current ‘security climate’ this will only continue into 2019 and beyond.
As a result, it is becoming increasingly critical for port operators and stakeholders to address port and maritime governance issues as an enterprise risk and compliance obligation, from the very top down.
Transport surcharges
Transport surcharges will be the commercial and political battleground for 2019. The introduction of new surcharges and significant rise in them during recent years has led to increased calls for greater scrutiny and regulation. Most recently, the ACCC has added its voice to this chorus and, in relation to certain landside port charges, recommend that State governments examine the issue in detail and, if warranted, introduce new regulation to control the introduction or rises in such surcharges. There seems to be a limited window for parties on both sides to rebalance the policy and commercial structure of revenue recovery through landside surcharges before governments may be inclined to impose some form of pricing control within the sector. While other new or flagged surcharges aren’t receiving the same heat, the sector in general should expect an heightened level of regulator and Government attention to surcharges and pricing as a result.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
