ARTC Hunter Valley access undertaking

The ACCC first accepted an access undertaking from ARTC in relation to the Hunter Valley Rail Network in June 2011. On 29 June 2017, the ACCC consented to a variation to the 2011 Hunter Valley Access Undertaking incorporating revised commercial parameters and a new expiry date of 31 December 2021.

The access undertaking covers the terms and conditions of access for parties seeking to run trains on the below rail network operated by ARTC in the Hunter Valley region of New South Wales. 

Current effective undertaking

In June 2017, ARTC submitted an application to vary the 2011 Hunter Valley Access Undertaking to the ACCC for assessment pursuant to Part IIIA of the Competition and Consumer Act 2010 (the Act). The ACCC’s decision to consent to the application followed an extensive assessment process of prior iterations of a proposed HVAU throughout 2015, 2016 and 2017, and two extensions to the 2011 HVAU, incorporating extensive public consultation with stakeholders.

Title Industry Type Statussort descending
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.

Compliance assessments under the Hunter Valley access undertaking

The accepted access undertaking requires ARTC to submit documentation to the ACCC on an annual basis for the purposes of demonstrating its compliance with the financial model and pricing principles specified in the undertaking.  The relevant undertakings for each annual compliance assessment are:

Title Industry Type Statussort descending
Annual compliance assessment 2012 Rail Compliance assessment Finalised
24 March 2014

The Hunter Valley Access Undertaking (HVAU) accepted by the ACCC on 29 June 2011 requires ARTC to submit documentation for the purposes of an annual compliance assessment conducted by the ACCC.

Annual compliance assessment 2011 Rail Compliance assessment Finalised
5 Apr 2013

The ACCC carried out a compliance assessment and determined that ARTC has complied with pricing principles specified in clause 4.10 of the undertaking for the period 1 July 2011 to 31 December 2011.

Annual compliance assessment 2013 Rail Compliance assessment Finalised
6 June 2016

The accepted Hunter Valley Access Undertaking requires ARTC to submit documentation to the ACCC for the purposes of an annual compliance assessment. Section 4.10 and Schedule G of the undertaking requires the ACCC to determine whether ARTC has complied with the financial model and pricing principles specified in the undertaking and whether there has been any under or over recovery of revenue from users that needs to be reconciled.

Annual compliance assessment 2014 Rail Compliance assessment Finalised
31 March 2017

The accepted Hunter Valley Access Undertaking requires ARTC to submit documentation to the ACCC for the purposes of an annual compliance assessment.

Annual compliance assessment 2015 Rail Compliance assessment Submissions due
13 October 2017

The 2011 Hunter Valley Access Undertaking (2011 HVAU) requires ARTC to submit documentation to the ACCC for the purposes of an annual compliance assessment. Section 4.10 and Schedule G of the 2011 HVAU  requires the ACCC to determine whether ARTC has complied with the financial model and pricing principles specified in the undertaking and whether there has been any under or over recovery of revenue from users that needs to be reconciled.

2011 Hunter Valley access undertaking and variations

In June 2011, ARTC submitted an access undertaking to the ACCC for assessment pursuant to Part IIIA of the Act. In light of the significant consultation on previous versions of the undertaking submitted to the ACCC in 2009 and 2010, the ACCC was able to expeditiously consider and release a final decision to accept the application on 29 June 2011.

ARTC has also submitted a number of variations to the accepted access undertaking for the ACCC’s consideration and has provided an update on the progress of various reviews related to the undertaking.

Title Industry Type Statussort descending
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.

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.

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.

Extension of the 2011 Hunter Valley Access Undertaking (to December 2016) Rail Undertaking variation Accepted
16 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.

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.

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.

ARTC advices on reviews Rail Access undertaking Finalised
25 Sep 2012

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

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.

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.

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.

Previous access undertaking applications

ARTC submitted undertaking applications in 2009 and 2010, which it subsequently withdrew from the ACCC’s consideration before submitting the revised application in 2011 that was accepted by the ACCC (the Hunter Valley access undertaking 2011).

ARTC submitted new undertaking applications in 2015 and 2016 as proposed replacements for the Hunter Valley access undertaking 2011. These undertaking applications were subsequently withdrawn from the ACCC’s consideration before the June 2017 Variation to the 2011 Hunter Valley Access Undertaking was consented to by the ACCC.

Title Industry Type Statussort descending
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.

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 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 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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