Regulatory Framework

Regulatory Background

When the terminal was privatised in 2001 a condition of privatisation was that third-party access to DBCT should fall under the regime of the Queensland Competition Authority. Existing User contracts were novated to DBCT from the State in 2001 and grandfathered.

DBCT’s first Access Undertaking – which set out the terms and conditions of third-party access to the terminal – was approved by the QCA in 2006, effective 1 July 2004. The second undertaking was fully negotiated with the Users and applied from 1 January 2010 – 30 June 2016. DBCT’s current access undertaking was approved by the QCA in February 2017 and applies until 30 June 2021. During a regulatory reset, submissions can be made by interested parties regarding the terms and conditions of access.

The QCA Act was updated in 2011 to adopt the certification of DBCT’s Access regime for a period of 10 years from September 2010. The existing declaration expires 8 September 2020.

Latest Regulatory Updates

2021 Access Undertaking
DBCT’s current access undertaking expires on 30 June 2021.

In October 2017, the QCA issued DBCT with an Initial Undertaking Notice. The Initial Undertaking Notice required DBCT to submit a draft access undertaking (DAU) by June 2019 which will initiate the regulatory reset process for 2021.

To find out more about this announcement, please click here.

2020 Declaration Assessment
Under the QCA Act, the QCA is required to revisit the declaration assessment for all services declared for third-party access by 2020. The QCA is due to review the declaration assessment for DBCT at the same time as for Queensland Rail and Aurizon Network.

To find out more about this announcement, please click here.

2017 Access Undertaking
On 16 February 2017, the QCA approved DBCT’s amended 2015 DAU. This became the approved 2017 Access Undertaking and is effective until 30 June 2021.

The most recent 2017 Access Undertaking and Standard Access Agreement can be accessed below.

>> Access Undertaking

>> Standard Access Agreement

Variations to the current AU
Since the 2017 Access Undertaking was first approved, further variations to the 2017 Access Undertaking have been approved by the QCA. To find out more about the variations proposed, approved and under consideration, please click here.

Compliance with the current AU
The QCA continues to monitor DBCT Management’s compliance with the 2017 Access Undertaking. To find out more about the ongoing compliance activities, please click here.