VICIn ForceAct
Port Management Act 1995
49SMeaning of *accrual building block methodology*
Start here
Get a plain-English read of 49S
Turn the raw legal text into a practical explanation grounded in Port Management Act 1995.
49S Meaning of *accrual building block methodology*
(1) An ***accrual building block methodology*** is a methodology that—
(a) provides for an allowance to recover—
(i) a return on assets used by a State sponsored port operator to provide relevant services (the ***capital base of a State sponsored port operator***); and
(ii) a return of the capital base of a State sponsored port operator through depreciation; and
(iii) the forecast efficient operating expenditure that would be incurred by a State sponsored port operator acting prudently in the provision of relevant services; and
(b) requires that—
(i) an initial capital base of a State sponsored port operator be established utilising the depreciated optimised replacement cost approach; and
(ii) the value of that capital base be updated on an annual basis by applying a roll forward principle that takes the opening value at the start of a financial year, adds in capital expenditure when incurred or to be incurred and deducts an amount for the return of capital; and
(iii) the value of any assets transferred from a public sector entity to a private sector entity that form part of a private cost contribution for a State sponsored port be included in the capital base of a State sponsored port operator of that port at a value calculated using the depreciated optimised replacement cost approach; and
(c) requires costs incurred by a State sponsored port operator be allocated between different types of relevant services, and other services (if any), on the basis that—
(i) costs that are directly attributable to a service are to be allocated to that service; and
(ii) costs that are not directly attributable to a service are to be allocated on the basis of the expected revenue share of that service to expected total services revenue; and
(d) provides for the establishment of an aggregate revenue requirement that provides a State sponsored port operator with a reasonable opportunity to recover the allowances referred to in subsection (1)(a); and
(e) requires the aggregate revenue requirement to be used to establish the prices for relevant services that, if paid, would provide a State sponsored port operator a reasonable opportunity to recover its aggregate revenue requirement.
(2) For the purposes of subsection (1)(a)(i), an ***accrual building block methodology*** must provide for the recovery of a return on assets to be determined—
S. 49S(2)(a) amended by No. 68/2017 s. 124(1).
(a) by reference to that which would be required by a benchmark efficient entity providing services with a similar degree of risk; and
(b) using an appropriate method that distinguishes between the cost of equity and debt so that a weighted average cost of capital can be derived.
(3) An ***accrual building block methodology*** must not, for the purposes of subsection (1)(c), allow for the inclusion, in the capital base of a State sponsored port operator, of any value attributable to rail, road or other landside infrastructure at a place that is outside a State sponsored port operated by that operator.
S. 49T inserted by No. 10/2016 s. 108.