Initial Indicative Service variation application - 7 September 2012
On 7 September 2012 ARTC submitted to the ACCC a request to vary its June 2011 Hunter Valley Access Undertaking (HVAU). This variation relates to the determination of the efficient train configuration and Initial Indicative Services, as foreshadowed in section 4.17 of the HVAU.
The proposed variation, together with supporting documentation from ARTC, is available at the link below.
ARTC application to vary the Hunter Valley Access Undertaking - 7 September 2012
On 17 October 2012, the ACCC decided to consent to ARTC’s 7 September 2012 application to vary the HVAU to implement the Initial Indicative Services, in accordance with subsection 44ZZA(7) of the Competition and Consumer Act 2010. The decision is available below.
ACCC Decision on ARTC's 7 September 2012 application to vary the HVAU - 17 October 2012.pdf (476.6 KB)
ACCC Decision on ARTC's 7 September 2012 application to vary the HVAU - 17 October 2012.docx (267.6 KB)Consultation on the 7 September 2012 revised proposed variation
On 12 September 2012 the ACCC sent a letter to industry commencing public consultation on the proposed variation. Interested parties were invited to provide submissions by close of business Wednesday 26 September 2012. Further details on ARTC's revised proposal and how to make a submission are set out in the ACCC's letter, below.
Public submissions received in response to the ACCC's 12 September 2012 industry consultation letter are available at the link below.
Previous variation application - 2 December 2011
ARTC first lodged a request to vary its June 2011 HVAU in relation to the determination of the Initial Indicative Service on 2 December 2011. Materials relating to that application, including submissions received during the public consultation processes and the ACCC’s Position Paper, are available below. As part of its application ARTC included copies of some submissions it received from interested parties during the pre-lodgement consultation process.
On 15 August 2012 the ACCC received a letter from ARTC formally withdrawing the proposed variation submitted on 2 December 2011. In its letter, ARTC stated that it intended to resubmit a revised variation application no later than 7 September 2012.
As part of its assessment the ACCC conducted three public consultation processes and issued a request for information to ARTC.
Further Industry Consultation
On 26 July 2012 the ACCC sent a letter to industry commencing further public consultation on the Proposed Variation. This further consultation was in response to a proposal by ARTC to defer implementation of charges for the Initial Indicative Service until 1 January 2013, which had not been previously raised during the ACCC's assessment of the Proposed Variation.
Parties seeking to make a submission were encouraged to do so as soon as possible and at the latest by 9 August 2012. Further details on ARTC's proposal and how to make a submission are set out in the ACCC's letter, below.
ACCC letter - further industry consultation on ARTC HVAU Proposed Variation - 26 July 2012.pdf (539.4 KB)To assist this consultation with industry, ARTC also provided a consolidated mark up of all draft proposed amendments to the June 2011 HVAU, and explanatory notes in relation to the amendments.
Public submissions received in response to the ACCC's 26 July 2012 further industry consultation letter are available below.
Position Paper
On 9 May 2012 the ACCC issued a Position Paper setting out its preliminary views on the proposed variation and calling for submissions by interested parties. The Position Paper is available below.
Request for Information
On 15 February 2012 the ACCC sent a request to ARTC to provide further information to assist the ACCC in its assessment of the Proposed Variation. The ACCC issued this notice pursuant to section 44ZZBCA of the Competition and Consumer Act 2010. Documents relating to the request for information, including the ACCC's notice and ARTC's public response, are available at the link below.
Consultation Paper
On 13 December 2011 the ACCC issued a Consultation Paper calling for submissions by interested parties. The Consultation Paper is available below and provided further information on how to make a submission and questions of particular interest to the ACCC. Submissions were due on 27 January 2012, in order to accommodate the Christmas and new year holiday period.