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Third Party Access to Pilbara Railways (Outcome & subsequent events)
Four decisions relating to applications for access to Pilbara iron ore railways are subject to review applications to the Australian Competition Tribunal.
The decisions under review are:
The deemed decision to decline the application by Fortescue Metals Group Ltd (FMG) for access to the Mt Newman Railway Service (operated by BHP Billiton and related parties) – application:13 June 2004; deemed decision: 23 May 2006; application for review: (File No. ACT 5 of 2006): 9 June 2006
The decision by the Treasurer to declare the Goldsworthy Railway Service (owned and operated by BHP Billiton and related parties) for 20 years as sought by The Pilbara Infrastructure Pty Ltd (TPI)(a FMG subsidiary) – application: 16 November 2007; Treasurer’s declaration: 27 October 2008; application for review: (File No. ACT 5 of 2008): 14 November 2008
The decision by the Treasurer to declare the Robe Railway Service (owned and operated by Rio Tinto and associated parties) for 20 years as sought by TPI – application: 18 January 2008; Treasurer’s declaration: 27 October 2008; application for review: (File No. ACT 3 of 2008): 13 November 2008
The decision by the Treasurer to declare the Hamersley Railway Service (owned and operated by Rio Tinto and associated parties) for 20 years as sought by TPI – application: 16 November 2007; Treasurer’s declaration: 27 October 2008; application for review:(File No. ACT 4 of 2008): 13 November 2008
The effect of the Treasurer’s declaration of the Goldsworthy, Robe and Hamersley railway services is stayed pending determination of these review applications by the Tribunal.
The Tribunal heard the four matters together with the hearing concluding on 26 February 2010. The Tribunal is expected to make its decisions in mid-late 2010.