ARTC Hunter Valley Rail Network Undertaking 2009

On 23 April 2009, ARTC lodged an access undertaking application for the Hunter Valley Rail Network with the ACCC for assessment under s.44ZZA of the Trade Practices Act 1974 (the Act), known as the Competition and Consumer Act 2010 from 1 January 2011.

ARTC manages standard gauge track in South Australia, Victoria, NSW and Western Australia. ARTC has chosen to submit one access undertaking for the Interstate rail network incorporating the NSW interstate network, which was accepted by the ACCC on 30 July 2008. ARTC has now submitted a separate access undertaking covering only the ARTC leased Hunter Valley rail network.

The Undertaking sets out the terms and conditions on which ARTC will provide access to the Hunter Valley rail network.

The Undertaking and supporting documentation are available below.

Undertaking Application

On 19 April 2010, ARTC withdrew its Hunter Valley Coal Network Access Undertaking dated 22 April 2009. The letter from ARTC withdrawing the undertaking is below.

ARTC Letter of Withdrawal - 19 April 2010 .pdf (450.3 KB)

ARTC indicated that it will finalise a revised undertaking in light of stakeholder submissions and the ACCC’s comments on the original undertaking, and that it will submit the revised undertaking to the ACCC in the near future. The ACCC will publicly consult on any revised undertaking before making a decision on it.

Draft Decision (5 March 2010)

The ACCC released a Draft Decision on 5 March 2010, setting out its preliminary views on the Undertaking. The Draft Decision and the 24 December IAHA referred to in the Draft Decision are available below.


Draft Decision 5 March 2010.pdf (2.7 MB)

ARTC - 24 December IAHA.pdf (1.2 MB)

The ACCC conducted a public consultation process on the Draft Decision, with submissions due by 31 March 2010. The submissions received are available at the link below.


Submissions on ACCC Draft Decision

Position Paper On Matters Other Than Price (10 February 2010)

The ACCC released on 10 February 2010 a Position Paper setting out preliminary views on the non-price aspects of the Undertaking. The Position Paper is available below.


Position Paper Feb 2010.pdf (1.7 MB)

Further submissions post Issues Paper

The ACCC has received submissions from interested parties in addition to those made in response to the ACCC Issues Paper.


Further submissions post Issues Paper

Issues Paper (29 May 2009)

The ACCC released an Issues Paper as part of its assessment of the Undertaking. The Issues Paper and submissions from interested parties in response to the Paper are available below.


Issues Paper - 29 May 2009.pdf (394.2 KB)

Submissions on ACCC Issues Paper