ARTC Hunter Valley access undertaking

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.

About the 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. On 29 November 2018, the ACCC consented to a further variation to the 2011 Hunter Valley Access Undertaking incorporating path based pricing and an incremental cost methodology.

Current effective undertaking

In September 2018, 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 extensions to the 2011 HVAU, incorporating extensive public consultation with stakeholders.

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 View project

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:

• 2011 Hunter Valley Access Undertaking applying to 30 June 2016
• 2011 Hunter Valley Access Undertaking applying from 1 July 2016.

Title	Industry	Type	Status
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. View project
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. View project
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. View project
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. View project
Annual compliance assessment 2015	Rail	Compliance assessment	Under assessment 20 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. View project

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	Status
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. View project
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. View project
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. View project
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. View project
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. View project
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. View project
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. View project
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. View project
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. View project
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. View project
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. View project
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 View project

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	Status
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. View project
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. View project
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. View project
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. View project