Declaration review

Status
In progress

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

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

We received a broad range of submissions throughout the declaration review process on whether the Aurizon Network, Queensland Rail and DBCT services should be declared, not declared, or declared in part, once the existing declarations expire.

We sought further submissions on one further aspect of the DBCT service, as part of forming our view on whether or not the DBCT service satisfies s. 76(2)(a) of the QCA Act (criterion (a)) by 28 October 2019. We received 4 submissions. These submissions are available below under ‘Further submissions on the DBCT service’.

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

Late information from the DBCT User Group

We received late information from the DBCT User Group on 20 August 2019 in respect of our declaration reviews.

In respect of the DBCT User Group’s late information, we determined that it is reasonable  in all the circumstances to make our 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’.

In making our decision, we took into account the factors in section 168B(4) of the QCA Act.

Late information from DBCT Management and Queensland Rail

We received late information from DBCT Management on 30 July 2019, and Queensland Rail on 7 August 2019 in respect of our declaration reviews.

In respect of DBCT Management’s late information, we determined that it is reasonable in all the circumstances to make our 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, we determined that it is reasonable in all the circumstances to make our 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.

We arrived at the 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  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 us at the time of our draft recommendation. We considered in its draft recommendation that these services should not be declared.

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

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

We 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. We subsequently held a stakeholder forum in relation to the DBCT service on 24 July 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. It has advised that this material was excerpts from the submissions and contained no new material. As such, this has not been uploaded.

On 18 December 2018, we released our 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 our draft recommendations were due by 11 March 2019. We 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 our draft recommendations were due by 26 April 2019. We 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 us to provide our final recommendation to the Minister between 8 September 2019 and 8 March 2020.

On 4 April 2018, we commenced our 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’.

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

All submissions referred to above are available below under ‘Submissions received before draft recommendations’.

Report and papers

Date
Title Document
28 October 2019 Submission Pacific National further submission on the DBCT service pdf, 153.27 Kb
28 October 2019 Submission DBCT Management further submission on the DBCT service pdf, 1.35 Mb
28 October 2019 Submission New Hope further submission on the DBCT service pdf, 427.56 Kb
28 October 2019 Submission DBCT User Group further submission on the DBCT service pdf, 1.19 Mb
Date
Title Document
20 August 2019 Submission DBCT User Group further submission pdf, 187.09 Kb
30 July 2019 Submission DBCT Management further submission pdf, 396.87 Kb
24 June 2019 Submission Aurizon Network Supplementary Submission pdf, 165.27 Kb
21 June 2019 Submission QRC Supplementary Submission pdf, 603.09 Kb
11 June 2019 Submission Linfox Submission pdf, 223.75 Kb
11 June 2019 Submission Queensland Rail Submission pdf, 3.20 Mb
11 June 2019 Submission GrainCorp Submission pdf, 3.38 Mb
27 May 2019 Submission Watco Amendment to Submission pdf, 120.33 Kb
08 May 2019 Submission Watco Submission pdf, 258.36 Kb
Date
Title Document
29 May 2019 Submission DBCT User Group Cross Submission – redactions revised pdf, 3.67 Mb
26 April 2019 Submission Aurizon Coal Cross Submission pdf, 134.86 Kb
26 April 2019 Submission South West Producers Cross Submission pdf, 1.63 Mb
26 April 2019 Submission Glencore Cross Submission pdf, 592.11 Kb
26 April 2019 Submission BHP Cross Submission pdf, 164.23 Kb
26 April 2019 Submission Glencore Coal Assets Cross Submission pdf, 797.60 Kb
26 April 2019 Submission Anglo American Cross Submission pdf, 449.08 Kb
26 April 2019 Submission Queensland Resources Council Cross Submission pdf, 715.15 Kb
26 April 2019 Submission DBCT User Group Cross Submission pdf, 3.14 Mb
26 April 2019 Submission Peabody Cross Submission pdf, 259.30 Kb
24 April 2019 Submission DBCT Management Cross Submission pdf, 4.64 Mb
24 April 2019 Submission DBCT Management Cross Submission Spreadsheet xlsx, 291.44 Kb
24 April 2019 Submission Pacific National Cross Submission pdf, 408.92 Kb
Date
Title Document
13 March 2019 Submission Glencore Coal Submission pdf, 424.95 Kb
11 March 2019 Submission Aurizon Operations (Aurizon Coal) Submission pdf, 135.40 Kb
11 March 2019 Submission Peabody Energy Submission pdf, 117.99 Kb
11 March 2019 Submission DBCT Management Submission pdf, 17.26 Mb
11 March 2019 Submission BHP Submission pdf, 24.13 Kb
11 March 2019 Submission Pacific National Submission pdf, 157.53 Kb
11 March 2019 Submission Queensland Resources Council Submission pdf, 777.20 Kb
11 March 2019 Submission DBCT User Group Submission pdf, 9.23 Mb
11 March 2019 Submission South-West Producers Submission pdf, 493.30 Kb
11 March 2019 Submission Aurizon Network Submission pdf, 839.85 Kb
11 March 2019 Submission Queensland Rail Submission pdf, 16.19 Mb
Date
Title Document
09 April 2019 Submission South West Producers Presentation Slides pdf, 4.62 Mb
09 April 2019 Submission Queensland Rail Presentation Slides pdf, 934.57 Kb
09 April 2019 Submission Queensland Rail Tender Bundle pdf, 5.01 Mb
20 March 2019 Submission DBCT Management HoustonKemp handout pdf, 154.18 Kb
20 March 2019 Submission DBCT User Group presentation slides pdf, 971.76 Kb
Date
Title Document
18 December 2018 Draft report Introduction QCA s approach to the access criteria and References pdf, 950.42 Kb
18 December 2018 Draft report Part A Draft recommendation the Aurizon Network service pdf, 1.27 Mb
18 December 2018 Draft report Part B Draft recommendation the Queensland Rail service pdf, 2.21 Mb
18 December 2018 Draft report Part C Draft recommendation the DBCT service pdf, 2.32 Mb
18 December 2018 Consultant report MMI Advisory report DBCT criterion b pdf, 2.91 Mb
18 December 2018 Consultant report Balance Advisory report DBCT criterion a pdf, 1.43 Mb
Date
Title Document
07 November 2018 Submission DBCT Management Further Submission pdf, 653.34 Kb
29 June 2018 Submission DBCT Management Late Submission pdf, 4.30 Mb
16 July 2018 Submission Peabody Energy Cross Submission pdf, 113.06 Kb
16 July 2018 Submission DBCT Management Cross Submission pdf, 4.49 Mb
16 July 2018 Submission Anglo American Cross Submission pdf, 343.96 Kb
16 July 2018 Submission DBCT User Group Cross Submission pdf, 5.60 Mb
16 July 2018 Submission South West Producers New Hope and Yancoal Cross Submission pdf, 1.54 Mb
16 July 2018 Submission Glencore Cross Submission pdf, 334.25 Kb
16 July 2018 Submission BHP Cross Submission pdf, 321.29 Kb
16 July 2018 Submission Aurizon Network Cross Submission pdf, 1.82 Mb
16 July 2018 Submission Queensland Resources Council Cross Submission pdf, 2.63 Mb
16 July 2018 Submission Aurizon Operations Aurizon Coal Cross Submission pdf, 54.91 Kb
16 July 2018 Submission Australian Rail Track Corporation Cross Submission pdf, 681.57 Kb
18 June 2018 Submission DBCT Management Addendum and Disclosure of Data pdf, 6.11 Mb
18 June 2018 Submission Queensland Rail Proposed New Access Framework pdf, 5.12 Mb
30 May 2018 Submission DBCT Management Submission pdf, 20.92 Mb
30 May 2018 Submission Peabody Energy Submission pdf, 237.12 Kb
30 May 2018 Submission DBCT User Group Submission pdf, 7.69 Mb
30 May 2018 Submission South West Producers New Hope and Yancoal Submission pdf, 3.61 Mb
30 May 2018 Submission Glencore Submission pdf, 1.14 Mb
30 May 2018 Submission Aurizon Network Submission pdf, 1.40 Mb
30 May 2018 Submission Queensland Resources Council Submission pdf, 4.86 Mb
30 May 2018 Submission Queensland Rail Submission pdf, 5.04 Mb
30 May 2018 Submission Pacific National Submission pdf, 619.69 Kb
Date
Title Document
04 October 2019 Consultation paper QCA Consultation paper – Declaration review DBCT service pdf, 395.25 Kb
05 April 2019 Other documents QCA staff questions Submissions post draft recommendations pdf, 255.77 Kb
04 July 2018 Submission Stakeholder Notice Confidentiality Framework pdf, 490.32 Kb
06 June 2018 Submission QCA Staff Questions Submissions on Initial Submissions pdf, 634.72 Kb
04 April 2018 Issues paper Declaration Review Staff Issues Paper pdf, 3.76 Mb
04 April 2018 Notice Notice of Review and Notice of Investigation Queensland Rail pdf, 621.87 Kb
04 April 2018 Notice Notice of Review and Notice of Investigation DBCT Management pdf, 650.77 Kb
04 April 2018 Notice Notice of Review and Notice of Investigation DBCT Holdings pdf, 678.17 Kb
04 April 2018 Notice Notice of Review and Notice of Investigation Aurizon Network pdf, 663.21 Kb