The 2011 Hunter Valley Coal Network Access Undertaking (HVAU) requires the Australian Rail Track Corporation (ARTC) to submit documentation to the ACCC for the purpose of an annual compliance assessment.
In version 8 of the HVAU, ARTC committed to using its 'best endeavours to complete the 2019 and 2020 Compliance Assessments as a single submission' (Section 4J.10 (g)). On 26 November 2021, ARTC submitted its annual compliance documentation for calendar years 2019 and 2020.
Note that the annual compliance assessment for 2019 and 2020 will be undertaken according to version 7 of the HVAU. As per Section 4.10 and Schedule G of version 7 of the HVAU, the ACCC is required 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.
The ACCC will assess the two periods in the one compliance process. This double assessment will significantly improve the timeliness of the compliance process.
ARTC's public submitted documents are available below.