The government statement came on Tuesday as its formal response to an upper house inquiry that reported in February after investigating aspects of the Port of Newcastle's privatisation.

The Public Works Committee inquiry - in which government MLCs held only three of the seven positions - recommended an inquiry into the government's port privatisations, a review of port policies, and a "detailed investigation" of freight rail options between Newcastle, Port Botany and Port Kembla.

The inquiry, and the government's response signed by Transport and Roads Minister Andrew Constance, come as the Australian Competition and Consumer Commission prosecutes a Federal Court case arguing that the agreement protecting Botany against competition from Newcastle is "anti-competitive and illegal".

Although the government's response is not surprising, it does indicate the Coalition has no inclination to change tack on the Port of Newcastle in the near-term, despite the possible success of the ACCC's case and pressure from Deputy Premier and National Party head John Barilaro, who has been increasingly vocal in support of a Newcastle terminal.

Commenting on Tuesday's statement, the Port of Newcastle noted the government's intention to "realise the full capacity of Port Botany before investing in another port".

"To be clear, Port of Newcastle's container terminal would not involve any such government investment," a Port of Newcastle spokesperson said.

"This $1.8 billion world-class container terminal will improve the productivity of NSW at no cost to taxpayers.

"The private investment is in contrast to the expectations of the private operator at Port Botany and Port Kembla, which will rely on significant government investment in infrastructure and productivity improvements to handle projected growth."

Shadow minister for the Hunter, Clayton Barr, described the Newcastle container fee - which the government went to extreme lengths to keep secret - as "a handbrake on the Hunter's economic growth".

"It is arrogant of Gladys Berejiklian and John Barilaro to deny the people of the Hunter the jobs that will come as a result of the development of a container terminal at Newcastle Port," Mr Barr said.

The ACCC case was filed in December last year and resumes on August 9. Port of Newcastle has been ordered to produce documents.

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- with The Sydney Morning Herald