Proposed Access Conditions: Wiggins Island Rail Project (WIRP)
In early 2011, QR Network commenced discussions with users regarding proposed access conditions for the construction of rail infrastructure to support stage 1 of the proposed Wiggins Island Coal Export Terminal (WICET) development.
On 11 May 2011, QR Network provided what it considered to be an access conditions report to the Authority and the stage 1 users on 11 May 2011.
In response to its invitation for public comments, the Authority received submissions on QR Network’s report from Anglo American Coal (Anglo), BHP Billiton Mitsubishi Alliance (BMA) and the Queensland Resources Council (QRC). These submissions are available for download below.
The approved negotiation period for the WICET stage 1 access conditions ended on 8 September 2011.
On 15 September 2011, QR Network submitted to the Authority for approval a proposed agreement on access conditions between itself and the stage 1 users and an accompanying explanatory submission. At the time, QR Network and the users claimed confidentiality over aspects of the information provided.
On 14 November 2011, the Authority informed QR Network and the users that it did not accept QR Network’s claim for confidentiality over the material. QR Network subsequently commenced legal proceedings to restrict the extent and nature of disclosure of material contained in the relevant deeds agreed between QR Network and the stage 1 users (WIRP Deeds).
The legal proceedings were subsequently withdrawn by QR Network and the Authority re-commenced the consultation period based on disclosure of:
- a WIRP deed and summary document prepared by the Authority that contained information which was the subject of the legal proceeding; and
- an alternative WIRP deed that did not contain this information.
The ten individuals working for a stakeholder (as either an employee or a contractor) who received the WIRP deed and summary document prepared by the Authority signed a confidentiality undertaking in respect of that information. In addition, two individuals collected the alternate WIRP deed and were not required to sign a confidentiality undertaking in respect of that information.
The Authority received one submission on the WIRP access conditions from Anglo by the due date of 16 March 2012.
Given the proposed access conditions were submitted to the Authority with the support of all of the users, the Authority assessed the proposed access conditions in accordance with clause 6.5.4(e) of the undertaking.
On 26 April 2012, the Authority made a draft decision to approve QR Network’s proposed access conditions. The reasons for the Authority’s decision are set out in the QCA draft decision document below.
The Authority invites stakeholders to comment on its draft decision and submissions are due by 5pm on 11 May 2012.
In making submissions, the Authority encourages stakeholders to focus on providing new information relevant to the Authority’s consideration of the access conditions under the matters set out in clause 6.5.4(e) of the undertaking. Stakeholders can be assured that all submissions already received were considered in making the draft decision.
Early Works Deed
On 23 September 2011, QR Network provided the Authority with an access condition report in relation to the early works deed for the Authority’s approval. The early works deed is an underwriting agreement to allow initial works on the project to commence in the coming weeks. The terms of this agreement will lapse once the access conditions described above come into effect.
The proposed access condition has been submitted to the Authority with the support of all of the WICET stage 1 users. As such, in deciding whether or not to approve it, the Authority’s assessment will be based on the criteria set out in clause 6.5.4(e) of the 2010 access undertaking.
In response to its invitation to comment, no submissions were received from stakeholders by the due date of 30 September 2011.
On 14 October 2011, the Authority approved the underwriting conditions proposed by QR Network in the early works deed. The reasons are outlined in the QCA Approval of Early Works (Oct 11) decision letter which can be downloaded below.
On 30 April 2012, QR Network provided an access conditions report for a variation to the early works deed. The Authority invites stakeholders to comment on QR Network’s report by 5 pm on 11 May 2012.
Interim Reports/Papers
- QR Network's access conditions report (May 11) (PDF, 270KB)
- QR Network's Early Works Deed (Sept 11) (PDF, 100KB)
- Authority's letter re: early works (Sept 11) (PDF, 100KB)
- QCA Approval - Extension of Negotiation Time (Jul 11) (PDF, 40KB)
- QR Network's letter (Sept 11) (PDF, 415KB)
- QR Network letter and public access conditions report (Sept 11) (PDF, 1.5MB)
- QR Network letter on confidentiality claim (Sept 11) (PDF, 250KB)
- QCA - Approval of Early Works (Oct 11) (PDF, 480KB)
- QCA - Draft Decision (Apr 12) (PDF, 260KB)
- QR Network - Varied Early Works Deed (Apr 12) (PDF, 1.1MB)
Stakeholder submissions
Submissions can be sent to:
Queensland Competition Authority
GPO Box 2257
Brisbane QLD 4001
Fax: 07 3222 0599
or emailed to rail@qca.org.au
