Treasury has advised me as follows:
(1) This is a matter currently before the Courts. The Port Commitment Deed contains commercial arrangements between the Port of Newcastle and the State of New South Wales that were agreed as part of the State's transaction for the long-term lease of the Port of Newcastle in 2014. The State received $1.75 billion as a result of the transaction, which is helping to fund State infrastructure.
(2) We refer the Honourable Member to the current NSW Freight and Ports Plan as to the State's policy position on the development of additional container capacity in New South Wales. Any decision to build a container terminal at Newcastle is a matter for the private operator of the Port of Newcastle.
(3) The State's position in relation to the development of a container terminal at the Port of Newcastle is set out in the NSW Freight and Ports Plan.