Rail

The ACCC’s regulatory work in rail includes assessing Part IIIA undertakings submitted by rail access providers in relation to rail track infrastructure, and carrying out functions under accepted undertakings. To date only one rail infrastructure provider, the Australian Rail Track Corporation, has submitted access undertakings under Part IIIA of the Act. Two access undertakings are currently in place, one for the National Interstate Rail Network and one for the Hunter Valley Rail Network in New South Wales.

Projects

Title Type Status
December 2020 variation of the 2011 Hunter Valley Coal Network Access Undertaking Access undertaking Submissions due
13 January 2020

On 23 December 2020, the Australian Rail Track Corporation (ARTC) applied to the ACCC to vary its 2011 Hunter Valley Coal Network Access Undertaking. The proposed variation seeks to extend the Undertaking by five years, to 31 December 2026. Upon commencement, the proposed variation seeks to be treated as having taken effect as of 1 July 2021, six months prior to the current expiration date of 31 December 2021. The proposed variation seeks to change a number of provisions in the Undertaking that will result in lower prices for Access Holders.

ARTC letter to the ACCC - Intention to extend Interstate Access Undertaking Access undertaking Ongoing

Under section 2.2(b) of the 2008 Interstate Access Undertaking (IAU), ARTC must submit to the ACCC a written statement outlining whether or not it intends to submit a new undertaking to the ACCC for its consideration, no later than six months prior to the expiry of the 2008 IAU. ARTC’s 2008 IAU is due to expire on 30 June 2021.

Annual compliance assessment 2017 Compliance assessment Finalised
25 September 2020

The 2011 Hunter Valley Coal Network Access Undertaking (2011 HVAU) requires the Australian Rail Track Corporation (ARTC) to submit documentation to the ACCC for the purposes of an annual compliance assessment.

Extension of the 2008 Interstate Access Undertaking (to 30 June 2021) Access variation Accepted
19 June 2020

On 5 May 2020, ARTC submitted an application to vary its 2008 Interstate Access Undertaking. The variation sought to extend the term of the undertaking to 30 June 2021.

DORC valuation of the Interstate network Update Ongoing
23 April 2020

On 23 April 2020, the ACCC engaged GHD Advisory to conduct the Depreciated Optimised Replacement Cost (DORC) valuation of Australian Rail Track Corporation's (ARTC) Regulated Asset Base (RAB) on the Interstate network.

Annual compliance assessment 2016 Compliance assessment Finalised
23 December 2019

The 2011 Hunter Valley Access Undertaking requires Australian Rail Track Corporation to submit documentation to the ACCC for the purposes of an annual compliance assessment.

ARTC letter to ACCC - Intention to extend Interstate Access Undertaking Update Finalised
20 December 2019

Under section 2.2(b) of the 2008 Interstate Access Undertaking (IAU), ARTC must submit to the ACCC a written statement outlining whether or not it intends to submit a new undertaking to the ACCC for its consideration, no later than six months prior to the expiry of the 2008 IAU. ARTC’s 2008 IAU was due to expire on 30 June 2020.

Proposed valuation for the Interstate network Update Finalised
3 December 2019

On 23 August 2019, ARTC sent a letter to the ACCC seeking views on ARTC's proposal to revalue the Regulated Asset Base (RAB) on the Interstate network using the Depreciated Optimised Replacement Cost (DORC) methodology. ARTC stated it was seeking views on this proposal prior to formally submitting its replacement Interstate Access Undertaking application for ACCC assessment.

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