On 23 June 2011, ARTC lodged a revised proposed access undertaking for the Hunter Valley Rail Network with the ACCC for assessment under section 44ZZA of the Competition and Consumer Act 2010 (the Act). A link to the proposed Hunter Valley Access Undertaking (HVAU) and supporting documentation from ARTC is below.
On 29 June 2011, the ACCC decided under section 44ZZA(3) of Part IIIA of the Act to accept this undertaking. The reasons for this decision are set out in the decision document below.
On 17 October 2012 the ACCC consented to a request by ARTC to vary the June 2011 HVAU. The varied HVAU is below. The Schedules and Annexures (including the Indicative Access Holder Agreement and the Indicative Operator Sub-Agreement) remain unchanged.
Variation applications and compliance monitoring under the June 2011 HVAU
The ACCC has a role in monitoring ARTC's compliance with the accepted June 2011 HVAU and assessing any applications by ARTC to vary the HVAU under section 44ZZA(7) of the Act. See the links below for details on these processes and relevant documentation.
ARTC first lodged an access undertaking application for the Hunter Valley Rail Network with the ACCC on 23 April 2009. Materials relating to that application, including submissions received during the public consultation processes and the ACCC’s Draft Decision, are available at the link below.
ARTC lodged a revised access undertaking application for the Hunter Valley Rail Network with the ACCC on 7 September 2010. Materials relating to that application, including submissions received during the public consultation processes and the ACCC’s December 2010 Position Paper, are available at the link below.
