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Question and Answer Tracking Details

1721 - PORT OF NEWCASTLE CONTAINER THRESHOLD LEVEL

Crakanthorp, Tim to the Treasurer
  1. What is the Government's source of funds for paying NSW Ports for container volumes exceeding a threshold level at the Port of Newcastle?
  2. Does Government financial support become payable to the lessee of Port Botany and Port Kembla when container volumes exceed a threshold level at the Port of Newcastle?
  3. Does the Government require the Port of Newcastle to pay a penalty, in the form of passing the cost of any payment made to NSW Ports, for container volumes exceeding a threshold at the Port of Newcastle?
  4. Is it Government policy not to develop a container terminal at the Port of Newcastle before container capacity is reached at Port Botany followed by Port Kembla?
  5. Do the lease arrangements for the ports of Newcastle, Botany and Kembla reflect the 2013 NSW Government's Freight and Ports Strategy and the 2018 NSW Freight and Ports Plan - that Port Kembla should be the State's next container terminal once Port Botany reaches capacity?
  6. Under the Government's container terminal policy, is it a condition for developing a container terminal at the Port of Newcastle that the developer pays the Government's penalty for container volumes exceeding a threshold level?
  7. Did the Government lease the Port of Newcastle to be able to pay NSW Ports Pty Ltd for container volumes exceeding a threshold level at the Port of Newcastle?
    1. If not, what is the Government's source of funds to be able to pay NSW Ports Pty Ltd for container volumes exceeding the threshold level at the Port of Newcastle until 2063?
  8. On what date did the Government inform the Australian Competition and Consumer Commission (ACCC) of its decision to pass to the developer of a container terminal at the Port of Newcastle, any cost incurred in paying the lessee of Port Botany and Port Kembla for container volumes exceeding a threshold level at the Port of Newcastle?
  9. Is there agreement or disagreement between the Government and the ACCC about the date that the Government disclosed the Port Commitment Deeds for Port Botany and Port Kembla to the ACCC?
    1. Is the date sub judice?
  10. Is there agreement or disagreement between the Government and the ACCC about the date that the Government disclosed the Port Commitment Deed for the Port of Newcastle to the ACCC?
    1. Is the date sub judice?
  11. Considering that there is no legislated cap on the number of containers that can travel through the Port of Newcastle, was a container volume threshold at the Port of Newcastle given as an instruction to Morgan Stanley for a conducting a scoping study into leasing Port Botany and Port Kembla?
    1. If no, on what date did the Government decide on a container volume threshold at the Port of Newcastle?
  12. Was a decision made in 2012 to pass to the developer of a container terminal at the Port of Newcastle the cost of paying a lessee of Port Botany and Port Kembla for container volumes exceeding a threshold level at the Port of Newcastle?
    1. If no, on what date was this decision made?
  13. Is the Government's decision to pass to the developer of a container terminal at the Port of Newcastle the cost of paying financial support to NSW Ports for container volumes exceeding a threshold level at the Port of Newcastle, consistent with the Government's decision that Port Kembla will be the State's next major container terminal after Port Botany reaches capacity?
  14. Does the Government agree or disagree with the statement by the Independent Commission Against Corruption in its Operation Spicer Report dated August 30 2016 that "as a statutory state-owned corporation, the NPC [Newcastle Port Corporation] was obliged to comply with the NSW Government's "Working with Government Guidelines"?
  15. Is the Ports Assets (Authorised Transactions) Amendment Act 2013 sub judice?
  16. For the purposes of the Port Commitment Deeds for Port Botany, Port Kembla and the Port of Newcastle, does the term "container" have a confidential meaning?
  17. Considering that the Government charges a penalty for container volumes above a threshold level at the Port of Newcastle, how many containers a year were shipped through the port since it was leased?
  18. Considering that the Port of Newcastle is not prevented from developing a container terminal, would a container terminal be an uneconomic enterprise contrary to market demand if the Government did not require the Port of Newcastle to pay a penalty for container volumes exceeding a threshold level?
Question asked on 24 October 2019 (session 57-1) and printed in Questions & Answers Paper No. 35
No answer has been printed.
Answer due on 28 November 2019.