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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-09-03 Daily Xml
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Ministerial Statement

Port of Whyalla Litigation

The Hon. P.B. MALINAUSKAS (Croydon—Premier) (14:05): I seek leave to make a ministerial statement.

Leave granted.

The Hon. P.B. MALINAUSKAS: As the house may be aware, OneSteel Manufacturing Pty Ltd, which operates the Whyalla Steelworks and associated mines, was placed into administration by KordaMentha on 19 February 2025. Whyalla has since become the focus of the single biggest economic transformation and stimulus package in South Australian history and remains a critical priority for our government as we work through the administration and subsequent transition to decarbonised iron and steel production.

On 24 June this year, the sale process for the Whyalla Steelworks and associated mining operations formally opened, after strong interest from global steelmakers and consortia looking to expand into low-emission steel production. More than 15 national and international parties have now formally submitted their interest in the sale of the Whyalla Steelworks.

While the sale process has been advancing, there has also been ongoing litigation, as well as recent legislation passed by the state parliament, with respect to the Port of Whyalla. I am pleased to advise the house that earlier today Justice O'Callaghan of the Federal Court of Australia ruled in favour of the administrators of OneSteel Manufacturing and held that the assets at the Port of Whyalla are fixtures and thus property of OneSteel Manufacturing.

Through the Whyalla Steel Works (Port of Whyalla) Amendment Bill passed by the state parliament earlier this year, any uncertainty about the ownership of the port itself and its rail connections was removed, but there remained uncertainty for prospective buyers about ownership of critical assets, including cranes and sheds. This was the matter being interrogated through the Federal Court proceedings and did not directly involve the state government.

However, today's decision from the Federal Court confirms that the assets at the Port of Whyalla are indeed the property of OneSteel Manufacturing, therefore removing encumbrances and creating greater certainty in relation to the port and its role in the sale process. This is important for Whyalla, South Australia, and our nation to deliver the sale of a steelworks as an integrated pit-to-port operation to a credible buyer who will ensure sovereign steelmaking well into the future.

We welcome today's judgement as a next step towards achieving this outcome and will continue to work with the administrators to make that happen. This judgement adds to the promising start to the steelworks sale process, with over 15 credible parties actively engaged. The government is pleased to see multiple strong bids in the mix and looks forward to working with all bidders over the coming months to identify the best possible buyer through a fair and competitive process.

Let there be no doubt that the Government of South Australia, through this parliament, will actively pursue any action that is necessary to ensure a future for Whyalla and sovereign steelmaking in this country.

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