ACCC invites comment on Australian Rail Track Corporation Hunter Valley rail network access undertaking

The Australian Competition and Consumer Commission invites submissions on the Australian Rail Track Corporation's voluntary access undertaking for the Hunter Valley rail network.

The main purpose of the network is to provide rail infrastructure to transport coal from mines to port terminals at the Port of Newcastle.

The undertaking is part of an overall solution to the continuing capacity constraints in the Hunter Valley coal chain which includes the development of long term access protocols to the coal loading terminals at the Port of Newcastle.

The ARTC submitted the undertaking for assessment under Part IIIA of the Trade Practices Act 1974.

It sets out the terms and conditions on which ARTC will provide access to the Hunter Valley rail network it manages.

The undertaking, supporting documents and the ACCC Issues Paper will be available from the ACCC website. The assessment process will include a draft decision and further round of submissions. The due date for responses is 26 June 2009.

Part IIIA of the Trade Practices Act 1974 requires the ACCC to assess the undertaking.

If the ACCC accepts the undertaking then the services covered by the undertaking form the basis for third parties to negotiate access to these services.