The NSW Minerals Council has vowed to push on with its campaign to have the Port of Newcastle declared a regulated entity despite another legal defeat.
The Australian Competition Tribunal on Wednesday rejected the council's appeal against federal treasurer Josh Frydenberg's decision not to direct the national competition watchdog to oversee charges at the Port of Newcastle.
The ruling follows nine other recommendations and rulings made over the past six years that have been unfavourable to regulation.
However the Minerals Council maintains the port is a monopoly that should be regulated.
"Since April last year the port has also refused at least five requests from the coal producers to enter into a voluntary collective bargaining process authorised by the Australian Competition and Consumer Commission," a Minerals Council spokesman said.
"The port can do all of this because it is an unregulated monopoly that operates without the threat of further regulatory intervention, including from the ACCC, which is powerless under current legislation."
Fifteen government members and senators also recently wrote to the treasurer calling for competition oversight.
The Minerals Council spokesman said the issues had become more acute given the port's publicly stated ambition to expand its container terminal operations.
"Ongoing uncertainty for current port users represents a risk to Hunter mining jobs due to the port's ability to recover container terminal expansion costs from coal producers, with a potential price impact on coal exports," he said.
"The NSW Minerals Council will continue to vigorously pursue all options for regulatory oversight of the port."
But Port of Newcastle chief executive Craig Carmodyhit back saying that the prolonged series of disputes posed a risk to future investment in the region.
"The tribunal has today upheld a decision we know to be in the best interests of the port, our customers, our local economy and our planned opportunities to diversify for the future," he said.
"Any suggestion of monopoly behaviour holds no substance in the face of the truth of Port of Newcastle's actions.
"It is unfathomable to us that interstate elected politicians with no direct link or genuine interest in the Hunter have such strong views on what is best for the future of our region."
Mr Carmody said he hoped the latest tribunal ruling would put an end to the dispute and allow the port to move forward with its plans to diversify trade.
"We look forward to continuing productive commercial relationships working directly with Hunter Valley coal producers in a bona-fide and constructive manner," he said.
"Port of Newcastle's access prices for port users are competitive compared to other Australian and international ports.
"Navigation charges are payable by vessel operators, not coal producers."
"Notwithstanding, Port of Newcastle has openly committed to meet with coal producers who use the Port on a bilateral basis to discuss terms and conditions of access and has maintained a public offer to do so on our website throughout legal proceedings. It would have been illegal to meet collectively while the authorisation matter is under review."
