Regulation & Compliance

The Port Services Act 1995 declares the port industry in the ports of Melbourne, Geelong, Portland and Hastings to be a regulated industry for the purposes of the Essential Services Commission Act 2001.

The Act provides for regulation of the prices of the following 'prescribed services' within these ports:

  • the provision of channels for use by shipping
  • the making available of berths, buoys or dolphins in connection with the berthing of vessels in the ports of Melbourne, Geelong, Portland and Hastings
  • the provision of short term storage or cargo marshalling facilities in connection with the loading or unloading of vessels at adjacent berths, buoys or dolphins in the ports of Melbourne, Geelong, Portland and Hastings.


For further information select a regulatory compliance topic from the following list:


Licences Issued
The Essential Services Commission Act 2001 came into effect on 1 January 2002, and amended the Port Services Act 1995 and the Grain Handling and Storage Act 1995 to require that providers of prescribed services be licensed and that the costs of administering the regulatory regime be recovered from regulated entities.

Existing providers of prescribed services as at 1 January 2002 were deemed to have been issued a licence under section 63K of the Port Services Act 1995 and section 25K of the Grain Handling and Storage Act 1995. The Essential Services Commission was required to determine the term and the conditions that are to apply to a licence that is deemed to have been issued.

Providers of prescribed services were consulted on the form of the licence and its conditions, including a requirement to pay licence fees and to maintain such records as may be required by the Commission. Licences were issued for providers of prescribed services on 14 October 2002 (effective 1 January 2002). The term of the licences will continue until revoked.

Codes & Guidelines
On 30 March 2005 the Commission published the Channel Access Guideline to assist the implementation of the access regime for prescribed channels established in Part 3, Division 4 of the Port Services Act 1995.

The Guideline is designed to clarify and confirm the obligations and rights of market participants and the responsibilities of the Commission under the Channel Access Regime. This will facilitate the commercial negotiation of access between Channel Operators and Access Seekers and the timely resolution of any disputes that may arise.

Decisions & Determinations
Under section 53 of the Port Services Act 1995 (PSA), the Essential Services Commission (ESC) is required to undertake a review of the regulatory arrangements applying to the Victorian commercial ports every five years. On 30 June 2004 the Commission submitted its Final Report on Regulation of the Victorian Ports to the Minister for Finance.

Performance Reports
As part of its price monitoring role, the ESC publishes an annual Ports Monitoring Report that includes information on prices and demand for port services as well as performance indicators for each of the Victorian commercial trading ports.

The Commission’s first Ports Monitoring Report will be published in the second half of 2006.