Proposed amendments to DBCT Terminal Regulations

On 25 February 2020, DBCT Management provided its consent to the terminal operator’s proposed amendments to the DBCT terminal regulations. Further information regarding the proposed amendments is available below.

Two parties objected to DBCT Management’s consent to the proposed amendments and referred the matter to us to make a determination.

We considered both objections following a process set out in agreed directions. This included providing the objecting parties and DBCT Management with the opportunity to make submissions and respond to issues raised, receiving submissions from other stakeholders and obtaining independent expert advice.

We have determined that the criteria specified in clauses 6.2(c)(1) to 6.2(c)(4) of DBCT Management’s 2017 access undertaking are satisfied with respect to DBCT Management’s consent to the proposed amendments. We consider that:

• the amendments relate to operational issues
• the amended terminal regulations, as a whole, will operate equitably
• the amendments are consistent with DBCT Management’s 2017 access undertaking and any access agreements
• the amendments are reasonably necessary for the operation of the terminal in accordance with good operating and maintenance practice.

Accordingly, on 17 September 2020, we rejected both objections to DBCT Management’s consent to the proposed amendments to the terminal regulations.

DBCT Management’s proposal and a summary of our reasons are provided below.

Report and papers