2006 Access Undertaking Amendments + Activities
Relinquishment Fees
Queensland Rail’s (QR) approved access undertaking provides for an access holder to negotiate a reduction in its capacity entitlement with QR upon payment of a relinquishment fee.
The relinquishment fee is defined in the access undertaking – with the amount payable depending primarily on when the access agreement was made (ie under or prior to the existing access undertaking). The relinquishment fee can then be reduced to the extent that the relinquished access rights are replaced by new access agreements.
On 18 April 2007, QR submitted proposed amendments to its approved access undertaking relating to the arrangements for relinquishment fees for access agreements executed on or after 1 July 2006.
On 18 April 2007, the Queensland Competition Authority commenced its investigation into this matter and invited interested parties to make written submissions to the Authority in respect of QR’s proposed amendments.
The Authority received 3 submissions from the Queensland Resources Council (QRC), Pacific National (PN) and Rio Tinto Coal Australia (RTCA). These are available to download below.
While stakeholders generally supported QR’s proposal, some concerns were raised. These concerns were addressed in the Authority’s consideration and approval of QR’s form of regulation amendments, which dealt with existing relinquishment fee arrangements, including what happens when existing access rights are transferred. Information on the form of regulation decision and amendments can be found at http://www.qca.org.au/rail/2006auammend/formregulation.php.
Based on the public consultation and its own consideration of the matter, the Authority accepts the need for the proposed amendments.
As such, on 29 June 2007, the Authority approved QR’s relinquishment fee draft amending access undertaking.
Final Decision
Interim Reports/Papers
Submissions
