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Application status

1

Application

Received 19th January 2008

Application by TPI for access to Robe Railway service.

2

Submissions on application

Submissions closed on 30 April 2008.

3

Draft recommendation

Draft recommendation released 20 June 2008.

4

Submissions on draft recommendation

Submissions on the Draft Recommendation closed 21 July 2008.

5

Final recommendation and decision

The Treasurer's decision was made on 27 October 2008.

6

Outcome & subsequent events

Received 30th June 2010

Robe Railway

On 18 January 2008 the Council received an application under Part IIIA of the Trade Practices Act 1974 (TPA) from The Pilbara Infrastructure Pty Ltd for declaration of a service provided through use of the facility comprising the Robe Railway (the Service).

The Council provided its final recommendation on this application to the designated Minister (Hon Wayne Swan MP, Treasurer) on 29 August 2008. The Council found that the application satisfied the criteria for declaration and recommended that the Service be declared. On 27 October 2008 the Treasurer accepted the Council’s recommendation and declared the Service for a period of 20 years.

On 13 November 2008 the service provider sought a review of the Treasurer's decision by the Australian Competition Tribunal.

On 30 June 2010 the Tribunal varied the Treasurer's decision to declare the service for a period of 20 years, so that it be declared for a period of 10 years commencing on 19 November 2008 and expiring on 19 November 2018.

A summary of the Tribunal's reasons for decision is available for download from the Outcome and subsequent events tab.

All inquiries may be directed to info@ncc.gov.au or to the Council on (03) 9285 7474.