ARTC Hunter Valley Access Undertaking

The Hunter Valley Coal Network Access Undertaking (HVAU) covers the terms and conditions of access to the below rail network operated by the Australian Rail Track Corporation (ARTC) within the Hunter Valley region of New South Wales.

Current effective undertaking

The ACCC accepted ARTC’s 2011 HVAU on 29 June 2011, pursuant to Part IIIA of the Competition and Consumer Act 2010. The 2011 HVAU has been varied a number of times.

Latest version of the 2011 HVAU

Current undertaking - September 2018 variation of the 2011 HVAU ( PDF 1.21 MB )

Annual compliance

The HVAU is subject to an annual compliance process.

Current projects

The following projects are in development or under assessment.

Title Industry Type Status
2022 Hunter Valley Access Undertaking Rail Access undertaking Ongoing
7 August 2019

The 2011 Hunter Valley Access Undertaking (HVAU) is due to expire on 31 December 2021. The ACCC expects that the Australian Rail Track Corporation (ARTC) will soon commence its consultation process for a replacement Hunter Valley Access Undertaking.

Past projects – variations, extensions and other

The following are past projects considered by the ACCC, including applications previously submitted by ARTC to vary or extend an existing HVAU.

Title Industry Type Status
September 2018 variation of the 2011 Hunter Valley Access Undertaking Rail Access variation Accepted
29 November 2018

On 28 September 2018, ARTC applied to the ACCC to vary its 2011 Hunter Valley Acces

December 2017 variation of the 2011 Hunter Valley Access Undertaking Rail Access variation Withdrawn
27 July 2018

On 21 December 2017, ARTC applied to the ACCC to vary its 2011 Hunter Valley Access Undertaking. The variation seeks to change a number of provisions in the undertaking, including:

  • incorporating path based pricing
  • allocating incremental capital costs on the basis of contracted capacity
  • applying a dual ceiling limit.

ARTC's application and its supporting materials are available below.

June 2017 variation of the 2011 Hunter Valley Access Undertaking Rail Undertaking variation Accepted
29 June 2017

On 5 June 2017, ARTC applied to the ACCC to vary its 2011 Hunter Valley Access Undertaking to extend the term of the undertaking by four and a half years to 31 December 2020.

ARTC's application and public versions of its supporting materials are available below.

Extension of the 2011 Hunter Valley Access Undertaking (to June 2017) Rail Undertaking variation Accepted
23 November 2016

On 18 October 2016, ARTC applied to the ACCC to extend the term of its 2011 Hunter Valley Access Undertaking by a further six months to 30 June 2017.

On 19 October 2016, the ACCC sent a letter to industry seeking comments on ARTC's proposal. Submissions were due by 2 November 2016.

On 23 November 2016, the ACCC consented to ARTC's revised variation application.

Extension of the 2011 Hunter Valley Access Undertaking (to December 2016) Rail Undertaking variation Accepted
22 June 2016

On 20 May 2016, ARTC applied to the ACCC to vary its 2011 Hunter Valley Access Undertaking to extend the term of the undertaking by six months to 31 December 2016.

ARTC advices on reviews Rail Access undertaking Finalised
28 July 2015

These letters from the ARTC document the progress of various reviews related to the 2011 Hunter Valley undertaking.

Final Indicative Services variation 2014 Rail Undertaking variation Withdrawn
7 November 2014

In January 2014, ARTC submitted a proposed variation to the accepted Hunter Valley access undertaking to the ACCC for assessment. The proposed variation relates to the determination of the efficient train configuration and associated indicative charges.

Gap to Turrawan variation 2014 Rail Undertaking variation Accepted
25 June 2014

On 28 June 2013 ARTC submitted a request to vary its 2011 undertaking to the ACCC.

Non-TUT performance incentives variation 2012 Rail Undertaking variation Withdrawn
24 Dec 2012

On 24 December 2012, ARTC withdrew its proposed non-TUT related performance incentives variation.

Initial indicative services variation 2012 Rail Undertaking variation Accepted
17 Oct 2012

ARTC lodged a variation request on 7 September 2012 which the ACCC consented to on 12 October 2012.

Initial indicative services variation 2011 Rail Undertaking variation Withdrawn
15 Aug 2012

ARTC lodged a variation request on 2 December 2011 which was then withdrawn on 15 August 2012.

Past projects – previous HVAU applications

The following past projects are HVAU applications previously submitted by ARTC.

Title Industry Type Status
Hunter Valley Access Undertaking 2017 Rail Access undertaking Withdrawn
8 May 2017

On 9 December 2016, ARTC submitted the 2017 Hunter Valley Access Undertaking (2017 HVAU) to the ACCC for assessment pursuant to Part IIIA of the Competition and Consumer Act 2010. This access undertaking is for the provision of access to the Hunter Valley Rail Network operated by ARTC in New South Wales.

Hunter Valley Access Undertaking 2016 Rail Access undertaking Withdrawn
15 June 2016

On 23 December 2015, ARTC submitted an access undertaking to the ACCC for assessment pursuant to Part IIIA of the Competition and Consumer Act 2010 (the Act). The access undertaking is in relation to the provision of access to the Hunter Valley Rail Network operated by ARTC in New South Wales.

The ACCC previously accepted an access undertaking on 29 June 2011 in relation to the Hunter Valley Rail Network. The ACCC has approved an extension of the term of the 2011 HVAU to 31 December 2016.

Hunter Valley Access Undertaking 2011 Rail Access undertaking Accepted
29 Jun 2011

ARTC lodged an access undertaking application for the Hunter Valley Rail Network with the ACCC.

Hunter Valley Access Undertaking 2010 Rail Access undertaking Withdrawn
23 Jun 2011

In September 2010, ARTC submitted a proposed access undertaking to the ACCC for assessment. The proposed access undertaking was to cover the terms and conditions of access for parties seeking to run trains on ARTC's Hunter Valley Rail Network in New South Wales.

Hunter Valley Access Undertaking 2009 Rail Access undertaking Withdrawn
21 Apr 2010

On 23 April 2009, ARTC lodged an access undertaking application for the Hunter Valley Rail Network with the ACCC for assessment.

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