Under Aurizon Network’s 2010 access undertaking, Aurizon Network had to apply for QCA approval of access conditions that it proposed, for the purpose of providing access to rail infrastructure that had to be expanded, where a significant investment was needed.
On 25 May 2012, we made a final decision to approve QR Network’s proposed access conditions.
On 26 April 2012, we made a draft decision to approve QR Network’s proposed access conditions.
We received no submissions in response to its request for comments on the draft decision by the due date for submissions of 11 May 2012.
On 23 September 2011, QR Network provided us with an access condition report in relation to the early works deed for our approval. The early works deed was an underwriting agreement to allow initial works on the project to commence in the following weeks. The terms of this agreement would lapse once the access conditions described above came into effect.
The proposed access condition was submitted to us with the support of all of the WICET stage 1 users. As such, in deciding whether or not to approve it, our assessment was 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, we approved the underwriting conditions proposed by QR Network in the early works deed. The reasons are outlined in our (Oct 11) decision letter.
On 30 April 2012, QR Network provided an access conditions report for a variation to the early works deed.
We, did not receive any stakeholder comments on QR Network’s varied early works deed by the due date of 11 May 2012.
On 25 May 2012,we made a final decision to approve QR Network’s proposed variation to the early works deed.
The early works arrangements covered the situation where we did not approve the WIRP access conditions, but those conditions were subsequently approved.
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 us and the stage 1 users on 11 May 2011.
In response to our invitation for public comments, we received submissions on QR Network’s report from Anglo American Coal (Anglo), BHP Billiton Mitsubishi Alliance (BMA) and the Queensland Resources Council (QRC).
The approved negotiation period for the WICET stage 1 access conditions ended on 8 September 2011. On 15 September 2011, QR Network submitted to us 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, we informed QR Network and the users that we 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 we re-commenced the consultation period based on disclosure of:
- a WIRP deed and summary document prepared by us that contained information which was the subject of the legal proceeding
- an alternative WIRP deed that did not contain information.
The 10 individuals working for a stakeholder (as either an employee or a contractor) who received the WIRP deed and summary document that we prepared 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.
We 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 us with the support of all of the users, we assessed the proposed access conditions in accordance with clause 6.5.4(e) of the undertaking.