The Parliamentary Secretary to the Treasurer, David Bradbury, has certified the Queensland Dalrymple Bay Coal Terminal (DBCT) Access Regime as an 'effective access regime' under the Competition and Consumer Act 2010 (CCA) for a period of 10 years.


The DBCT is one of two terminals at the Port of Hay Point, 38 kilometres south of Mackay in Queensland. It processes coal from around 20 mines in the Bowen Basin.


"The DBCT Access Regime establishes an appropriate mechanism for obtaining access to a key coal terminal in Queensland," Mr Bradbury said. "As this mechanism accords with the national framework for access regulation, I have decided to certify the Regime."


The DBCT Access Regime is based on the Queensland Competition Authority Act 1997 (Qld) and provides for arbitration of disputes about access to the DBCT where parties do not reach negotiated outcomes.


Certification of an access regime as 'effective' recognises that the regime applies certain agreed principles for regulating access. This certification process ensures a nationally-consistent approach to regulating access to significant infrastructure, and avoids duplication between State and Commonwealth regulation.


This is the fourth certification decision under the CCA during 2011, following the successful applications by Queensland and Western Australia for certification of their rail access regimes and South Australia for its ports access regime. This reflects the commitment made by all States and Territories to submit their access regimes for certification.


"The commitment to certification is an important part of COAG's Seamless National Economy reforms," Mr Bradbury said. "I welcome the States and Territories' demonstrated commitment to this reform."


A copy of the certification and statement of reasons is available on the National Competition Council website,