Victorian Consolidated Legislation

Grain Handling and Storage Act 1995 - SECT 16

Access rules

16. Access rules



(1) Unless the Commission otherwise determines in accordance with Part 3 of
the Essential Services Commission Act 2001, a facility used in the provision
of prescribed services is a significant infrastructure facility and is to be
regulated in accordance with the Competition Principles Agreement.

(2) It is hereby declared that it is necessary to provide for access to
prescribed services because-

   (a)  it is not economically feasible to duplicate the prescribed services;
        and

   (b)  access to the prescribed services is necessary in order to permit
        effective competition in the grain market; and

   (c)  the safe use of the prescribed services by persons seeking access can
        be ensured at an economically feasible cost.

(3) The Commission must not determine for the purposes of subsection (1) that
all facilities used in the provision of prescribed services in the Port of
Melbourne, the Port of Geelong or the Port of Portland have ceased to be
significant infrastructure facilities.