The Port of Newcastle is urging the federal government to amend the National Competition and Consumer Act 2010 as part of its push to establish a container terminal.
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The port says the amendment to the little known section 44i of the act would provide certainty around the investment in infrastructure needed for the $1.8billion project.
The Newcastle Herald understands that the government has assured the port on several occasions that it was going to make the amendment but is yet to do so.
A Port of Newcastle spokesman acknowledged the amendment was a priority.
"It goes to addressing an historic legislative anomaly that only affects Newcastle and no other port," he said.
"Resolving this issue would give the port certainty to invest in a range of new capital infrastructure projects that stand to benefit the port's current and future trade.
"Senior government sources have indicated this long-running issue only affecting Newcastle will be resolved imminently. However, several opportunities have now passed without action."
NSW One Nation MLC Mark Latham recently voiced his frustration on Twitter that the amendment had yet to be passed.
"Poor Hunter Valley. Betrayed by the major parties and their BS renewable energy zone," he wrote.
"Now Morrison government failing to strike down anti-competitive state deal blocking construction of Port of Newcastle container terminal, a $1.8bill project creating 15,000 jobs, $2.5bill boost to GDP."
A spokesman for assistant treasurer Michael Sukkar said it would be inappropriate for the government to comment.
"The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd for making agreements with the State of NSW that the ACCC alleges had an anti-competitive purpose and effect," he said.
"As this matter is currently before the court it would be inappropriate for the government to comment."
Meanwhile the National Competition Council has submitted its final recommendation regarding pricing at the Port of Newcastle to the federal government for consideration.
While the council is not commenting on the recommendation, it is likely that it is consistent with its draft finding made in November which rejected a NSW Minerals Council application to remove the Port of Newcastle's right to set prices for customers who use its infrastructure.
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