2020 Declaration Review

2020 Declaration Review

  • Further submissions on draft recommendations
  • Stakeholder forums
  • Draft recommendations
  • Project overview

Late information from the DBCT User Group

The QCA received late information from the DBCT User Group on 20 August 2019 in respect of the QCA’s declaration reviews. 

In respect of the DBCT User Group's late information, the QCA has determined that it is reasonable  in all the circumstances to make its final recommendation on the DBCT service taking into account the DBCT User Group's late information. This information is available below under 'Further submissions on draft recommendations'. 

The QCA has arrived at its conclusion taking into account the factors in section 168B(4) of the QCA Act.

Late information from DBCT Management and Queensland Rail

The QCA received late information from DBCT Management on 30 July 2019, and Queensland Rail on 7 August 2019 in respect of the QCA’s declaration reviews. 

In respect of DBCT Management’s late information, the QCA has determined that it is reasonable in all the circumstances to make its final recommendation on the DBCT service taking into account DBCT Management’s late information. This information is available below under 'Further submissions on draft recommendations'.  

In respect of Queensland Rail’s late information, the QCA has determined that it is reasonable in all the circumstances to make its final recommendation on the Queensland Rail service without taking into account Queensland Rail’s late information.  Accordingly, this information is not published on our website.

The QCA has arrived at its conclusion on both matters taking into account the factors in section 168B(4) of the QCA Act. 

Late information from Aurizon Network and the QRC

In June 2019, Aurizon Network and the QRC provided supplementary submissions on the declaration review of Aurizon Network's service. These are available below under 'Further submissions on draft recommendations'.

Late information from Watco

On 8 May 2019, Watco made a late submission to the QCA in relation to the Queensland Rail declaration review, which the QCA Board has accepted. On 27 May 2019, Watco submitted an amendment to its submission. These documents are available below under 'Further submissions on draft recommendations'.

The Watco submission says that the services on the Queensland Rail South Western, Western and Central Western systems should be declared, and provides new information regarding these services which was not available to the QCA at the time of the QCA’s draft recommendation. The QCA considered in its draft recommendation that these services should not be declared.

The QCA invited further submissions from stakeholders in relation to the services provided on the South Western, Western and Central Western systems by 11 June 2019. The QCA received three submissions. These submissions are available below under 'Further submissions on draft recommendations'.

The period for submissions has now closed and the QCA is not requesting any further submissions. The QCA Act (s. 87A) requires the QCA to provide its final recommendation to the Minister between 8 September 2019 and 8 March 2020.

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The QCA held stakeholder forums in relation to the declaration reviews of the DBCT service and the Aurizon Network service on 20 March 2019, and in relation to the Queensland Rail service on 9 April 2019.

Material circulated by stakeholders at the forums is available below under 'Stakeholder forum material'. Please note that DBCT Management circulated a 'tender bundle' during the DBCT forum. They have advised that this material was excerpts from the submissions and contained no new material. As such, this has not been uploaded.

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On 18 December 2018, the QCA released its draft recommendations in relation to the Aurizon Network service, the Queensland Rail service and the DBCT service. These recommendations are available below under ‘Draft recommendations’.

The draft recommendations are in four parts:

  • Introduction, QCA’s approach to the access criteria and references
  • Part A: Draft recommendation – the Aurizon Network service
  • Part B: Draft recommendation – the Queensland Rail service
  • Part C: Draft recommendation – the DBCT service.

Initial submissions on the QCA's draft recommendations were due by 11 March 2019. The QCA received eleven initial submissions, which are available below under 'Initial submissions on draft recommendations'. Following the initial submissions period, stakeholders were given approximately seven weeks to provide comments on initial submissions received (a cross-submissions process).

Cross submissions on the QCA's draft recommendations were due by 26 April 2019. The QCA received eleven cross submissions. These submissions are available below under 'Cross-submissions on draft recommendations'.

On 29 May 2019, the DBCT User Group provided a revised version of its 26 April 2019 cross-submission, which removed the redactions from the scheduled legal advices. This revised submission is also available below under 'Cross-submissions on draft recommendations'. 

The QCA Act (s. 87A) requires the QCA to provide its final recommendation to the Minister between 8 September 2019 and 8 March 2020.

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The existing declarations in section 250 of the Queensland Competition Authority Act 1997 expire on 8 September 2020. The QCA is now reviewing whether, with effect from the expiry date, the relevant services (or parts of the services) should be declared.

On 4 April 2018, the QCA commenced its review and issued Notices of Review and Investigation to Aurizon Network, Queensland Rail, DBCT Management and DBCT Holdings. At the same time, QCA staff also released an issues paper to assist stakeholders in making submissions. These documents are available below under ‘Papers’.

Initial submissions to this review were due by 30 May 2018. Nine submissions were received by this date, with two stakeholders (Queensland Rail and DBCT Management) providing additional information on 18 June 2018.

Following the initial submissions period, stakeholders were given six weeks to provide comments on initial submissions received (a cross-submissions process). Cross-submissions were due by 16 July 2018 (with submissions in relation to Queensland Rail’s proposed access framework given an extension to 30 July 2018). Eleven public cross-submissions were received in this process.

On 29 June 2018, DBCT Management made a late submission to the QCA, providing additional material in connection with its proposed access framework. As the date for providing initial submissions (30 May 2018) had passed, the QCA advised that it would not be taking this submission into account in making its draft recommendation in respect of the DBCT service. On 7 November 2018, the QCA received further correspondence from DBCT Management. Due to the time at which this information was provided, the QCA has been unable to take it into account in making its draft recommendation in respect of the DBCT service. The QCA will take these submissions into account in preparing its final recommendation.

All submissions referred to above are available below under 'Submissions received prior to draft recommendations'.

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Report & Papers

Submissions received prior to draft recommendations