Northern Tablelands MP Adam Marshall has called on the State Government to change the deeds governing the Port of Newcastle's operation to allow for the establishment of a container terminal.
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Mr Marshall, a member of the Nationals, has not ruled out forcing the matter to a vote in parliament.
"I would like to think that I wouldn't have to go down that path but I'm not taking anything off the table at this stage," he said.
"Our grain growers have a gateway to world markets on their doorstep, but unfair bureaucracy and now redundant rules are keeping the door to Port of Newcastle locked and bolted," Mr Marshall said.
It is estimated the proposed Newcastle Deepwater Container Terminal would generate more than 15,000 direct and indirect jobs and contribute $2.5 billion to the national economy.
The terminal would also attract $1.8 billion of private investment.
But the Port Commitment Deeds (PCD), which were signed when Port Kembla and Port Botany were privatised in 2013, require the state to compensate those ports if container traffic at the Port of Newcastle exceeds a cap. When the Port of Newcastle was privatised in 2014, another PCD required that port's operators to reimburse the government for any compensation paid to the operators of Kembla and Botany.
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Mr Marshall said circumstances had changed significantly in the past decade and the deeds were no longer fit for purpose.
"At the stroke of a pen the government could remove arbitrary bureaucratic shackles and unlock all this economic investment," he said.
"Some of the key decision makers who were there when these deeds were put together have left," he said.
"I don't think that impediment exists now with the new leadership of the government and the new ministerial lineup. They weren't part of that decision making and can look at it with a fresh set of eyes."
A NSW Treasury spokeswoman said the Federal Court had found the Port Commitment Deeds were valid, remained enforceable and had no unlawful effect on competition in the market for container services in NSW.
"The NSW Freight and Ports Plan 2018-2023 sets out the State's policy in relation to the development of a container terminal at Newcastle," the spokeswoman said.
"With the State now awaiting the judgement of the Federal Court of Appeal - it would be inappropriate to comment further."
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