What the ÌÇÐÄÔ­´´ does

  • We can grant port terminal service providers exemption from having to comply with Parts 3 to 6 of the wheat port code for a specified port terminal facility.
  • We can revoke exemptions that we have granted.

What the ÌÇÐÄÔ­´´ can't do

  • We cannot exempt port terminal service providers from having to comply with Parts 1 and 2 of the wheat port code.

ÌÇÐÄÔ­´´ approach to the wheat port code ceasing

The Port Terminal Access (Bulk Wheat) Code of Conduct (the code) will cease on 1 October 2026.

Before the code ceases and until there is more certainty about its future:

  • the ÌÇÐÄÔ­´´ will pause assessment of exemption applications from ‘new entrants’. New entrants are any port terminal service providers who have entered the market since July 2025.
  • the ÌÇÐÄÔ­´´ will not prioritise ensuring compliance by new entrants with the reporting obligations under the code, in particular the requirements to submit port loading statements to the ÌÇÐÄÔ­´´. Given the code will cease soon, it appears this would be an unnecessary regulatory burden for new entrants.

Existing port terminal service providers who are already complying with the code should continue operating under their current arrangements. The ÌÇÐÄÔ­´´ will continue monitoring these arrangements.

Read the  Sunsetting of the Port Terminal Access (Bulk Wheat) Code of Conduct - ÌÇÐÄÔ­´´ approach to new entrant port terminal service providers ( PDF 210.94 KB )

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Exemptions by the ÌÇÐÄÔ­´´

We can grant exemptions from parts of the wheat port code

The Port Terminal Access (Bulk Wheat) Code of Conduct, often referred to as the Wheat Port Code of Conduct or wheat port code, allows the ÌÇÐÄÔ­´´ to decide that a port terminal service provider is an exempt service provider for a specified port terminal facility.

Exempt service providers don’t have to comply with the obligations in Parts 3 to 6 of the wheat port code. They must still comply with the obligations in Parts 1 and 2 of the code.

In deciding whether to grant a port terminal service provider an exemption, we must consider 10 matters listed in subclause 5(3) of the wheat port code.

Since introducing the code, the ÌÇÐÄÔ­´´ has granted exemptions relating to more than 15 port terminal facilities. See wheat port code access exemptions for a list of these exemptions.

We can review exemptions we’ve previously granted

Possible reasons for reviewing an exemption that we’ve previously granted include:

  • changes in the market
  • becoming aware of new information that was not considered in making the original decision, or
  • expected market outcomes did not occur following the decision to exempt, such as exporters not being able to gain fair and transparent access to port terminal services at the facility following the original decision.

We can revoke exemptions

We can also revoke an exemption that we’ve previously granted, if, after considering the 10 matters listed in subclause 5(3) of the wheat port code, we are satisfied that the reasons for granting the exemption no longer apply.

To date, the ÌÇÐÄÔ­´´ has not revoked an exemption from the wheat port code.

Applying to the ÌÇÐÄÔ­´´ for an exemption

Port terminal service providers can apply to the ÌÇÐÄÔ­´´ to be an exempt service provider.

We publish guidelines with:

  • instructions on how to apply for an exemption
  • the process we use when deciding to make and revoke exemptions
  • expected timeframes to make a decision.

See Guidelines on the ÌÇÐÄÔ­´´â€™s process for making and revoking exemption determinations.

Exemptions by the Minister to cooperatives

The Minister for Agriculture can decide that a port terminal service provider is an exempt service provider.

The Minister must be satisfied that the port terminal service provider is a cooperative that has:

  • grain-producer members who represent at least a two-thirds majority of grain-producers within the grain catchment area for the port concerned
  • sound governance arrangements that ensure the business functions efficiently and allows members influence the management decisions of the cooperative.

To date, the Minister has made one exemption. On 17 November 2014, the Minister found that Co-operative Bulk Handling Limited’s port terminal facilities at Albany, Esperance, Geraldton and Kwinana satisfactorily met the criteria for exemption.

A copy of the Minister’s Notice of Determination of Exemption is available on the .

Wheat port code exemption applications