July 2011 Take-or-Pay DAAU
Queensland Rail (QRail) is subject to the 2008 access undertaking the Authority approved for QR Network, as amended to include new tariffs and tariff-setting rules in June 2010. The undertaking applies to Queensland Rail through a Transfer Notice published by the Queensland Government in June 2010 under the Infrastructure Investment (Asset Restructuring and Disposal) Act 2009.
On 20 July 2011, QRail submitted to the Authority a draft amending access undertaking (DAAU) for the purpose of amending the take-or-pay terms in its 2008 undertaking. The Authority issued QRail with a notice of investigation and sought submissions from stakeholders.
The Authority received one submission, from the Queensland Resources Council (QRC), which requested that the DAAU be amended to specify that QRail will act 'reasonably' when determining the payload of a loaded train service.
On 5 October 2011, QRail submitted an addendum to its DAAU that added the word 'reasonably' to the provision governing how QRail will determine the payload of a loaded train service. The Authority published the addendum and sought submissions from stakeholders.
The Authority received a submission from the QRC, which said the addendum addressed its concerns.
On 27 October 2011, the Authority approved the DAAU. Accordingly, the western system take or pay rules in QRail's 2008 access undertaking are now those amended by QRail’s DAAU of 5 October 2011.
Copies of the Authority’s decision, the DAAU, the addendum, and the stakeholder submissions, can be downloaded below.
Decision/Recommendation
Interim Reports/Papers
Submissions
