Guidance sought for Port of Melbourne review

VICTORIA’s Essential Services Commission is seeking submissions from the public, users and other interested parties on how it should fulfil its new role reviewing Port of Melbourne infrastructure projects.

Under this new role, the commission will oversee the port’s investment in the Port Capacity Enhancement Program by reviewing applications for major projects before any spending occurs. If the commission approves a project, the port may be able to increase charges to fund the project.

Under the PCEP the port aims to build a fourth international container terminal to expand port capacity and meet future trade demand.

The commission’s new role is set out in proposed changes to its Statement of Regulatory Approach and explains:
•    how the commission will assess project applications
•    what information the port should provide
•    how approved projects will be monitored.

The changes would also clarify how the PCEP costs can be included in the port’s charges, and the information it needs to provide about these costs.

“This is an opportunity for the Port of Melbourne, port users, and other interested parties, to have their say on whether our proposed guidance clarifies how the commission will assess major projects," said ESC chair and commissioner Gerard Brody.

“Port charges affect the cost of moving goods through Victoria, so it’s important that rules and expectations are clear, and there is appropriate oversight of projects.”

The Statement of Regulatory Approach provides guidance to the PoM and port users about how the commission administers the pricing order, which sets the rules for how the port can charge for key services, including berthing ships, using shipping channels, short-term storage, and access to infrastructure such as wharves, roads and rail.

The ESC stressed this guidance update is not an assessment of the PCEP.

“The commission expects the port will lodge an application related to the Project in 2027. The commission will publish an invitation for submissions and consult with interested parties at that time,"it stated.

Anyone who wishes to provide feedback on the proposed changes to the guidance can do so by visiting Engage Victoria. Submissions are open until 5pm, 12 October 2026.

The commission intends to release the final guidance in late 2026.