Third party access to rail following
the High Court decision in Fortescue
David Peters, July 2013
HEAVY HAUL RAIL CONFEREN...
The mechanics - how to get access to a railway
Existing Part IIIA access arrangements First steps to get access Recourse i...
■ Competition would increase
■ It would be uneconomical to build another
■ Facility is of national significance
■ Access i...
The business environment
From the Mining Business Outlook Report 2013
● Newport Consulting on RN, 30 July: “... almost eve...
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David Peters, DLA Piper Australia: Examining third party access to rail following the High Court’s ruling on the National Access Regime

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David Peters, Senior Associate, DLA Piper Australia delivered this presentation at the 2013 Heavy Haul Rail conference. The highly anticipated event is the annual meeting place for mining and rail representatives from around the country to discuss all the latest rail projects in the heavy haul sector. For more information about the event, please visit the conference website: http://www.informa.com.au/hhrail14

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David Peters, DLA Piper Australia: Examining third party access to rail following the High Court’s ruling on the National Access Regime

  1. 1. Third party access to rail following the High Court decision in Fortescue David Peters, July 2013 HEAVY HAUL RAIL CONFERENCE 31 JULY - 1 AUGUST 2013│NEWCASTLE CITY HALL
  2. 2. The mechanics - how to get access to a railway Existing Part IIIA access arrangements First steps to get access Recourse if fail to gain access or agree terms ACCC undertaking: Current Part IIIA access undertaking lodged with ACCC (Part IIIA, Division 6) Apply for access according to the terms of the access undertaking Access undertaking will provide dispute resolution mechanism Certified effective regime: State based access regime with current Part IIIA certification as effective (Part IIIA, Division 2A) Apply for access according to the terms of the access regime Access regime will provide dispute resolution mechanism Service is declared: Service sought is subject to current Part IIIA declaration (Part IIIA, Division 2) Seek terms of access through private negotiations Apply to ACCC to arbitrate access arrangements (Part IIIA, Division 3) Service ineligible for declaration: Service to which access is sought is determined ineligible to be declared under Part IIIA (Part IIIA, Division 2AA) Seek terms of access through private negotiations No recourse for failure to get access or refusal by provider to negotiate No Part IIIA access arrangements: this includes circumstances where there are non Part IIIA access arrangements, eg an uncertified State based regime or provider deed poll Seek terms of access through private negotiations or non Part IIIA access arrangements Apply for declaration of the service (Part IIIA, Division 2)
  3. 3. ■ Competition would increase ■ It would be uneconomical to build another ■ Facility is of national significance ■ Access isn't against the public interest The policy - why should you get access to a railway
  4. 4. The business environment From the Mining Business Outlook Report 2013 ● Newport Consulting on RN, 30 July: “... almost every coal mine on the east coast of Australia is unprofitable today …” ● Report: “... Mines have been built, infrastructure has been constructed. Now is the time for mining companies to operate their assets at an optimum level. “ ● Report, John Morschel - ANZ: ● In addition to sound project economics, investors would be looking for the following: … ○ locations that benefit from simpler logistics plans or have access to infrastructure or infrastructure rights …
  5. 5. Questions, comments

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