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
HVAU version 8 - effective 1 July 2021 ( PDF 1.15 MB )
Indicative Access Holder Agreement - effective 1 July 2021 ( PDF 776.18 KB )
Annual compliance
The HVAU is subject to an annual compliance process.
Current projects
There are currently no projects in development or under assessment.
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(desc) |
|---|---|---|---|
| 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. |
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| 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. |
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| 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. |
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| 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. |
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| June 2017 variation of the 2011 Hunter Valley Access Undertaking | Rail | Undertaking variation |
Accepted
29 June 2017 |
On 6 June 2017, ARTC applied to the ACCC to vary its 2011 Hunter Valley Access Undertaking. |
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| 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 Access Undertaking. |
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| 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. |
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| March 2021 variation of the 2011 Hunter Valley Coal Network Access Undertaking | Rail | Access variation |
Finalised
2 June 2021 |
On 30 March 2021, the Australian Rail Track Corporation (ARTC) submitted a new variation application for the current Hunter Valley Coal Network Access Undertaking. The ACCC published its Final Decision to consent to ARTC's 30 March variation application on 2 June 2021. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| December 2020 variation of the 2011 Hunter Valley Coal Network Access Undertaking | Rail | Access undertaking |
Withdrawn
30 March 2021 |
On 23 December 2020, the Australian Rail Track Corporation (ARTC) applied to the ACCC to vary the Hunter Valley Coal Network Access Undertaking. On 30 March 2021, ARTC withdrew its 23 December 2020 variation application and submitted a new variation application. |
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The following past projects are HVAU applications previously submitted by ARTC.
| Title | Industry | Type | Status(desc) |
|---|---|---|---|
| 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. |
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| 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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| 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. |
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| 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. |
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| 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. |
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