Application for declaration for access to services provided by the Herbert River tramway network

On 22 March 2010 the Council received an application from North Queensland Bio-Energy Corporation Ltd under Part IIIA of the Trade Practices Act for the declaration of the service provided by the narrow gauge cane tram network owned by Sucrogen (Herbert) Pty Ltd (formerly CSR (Herbert) Pty Ltd) in the Herbert River district, North Queensland, which is approximately 550km in length.  The service the applicant seeks to have declared is the use of the facility comprising the tram network to enable it to operate its own trains and rolling stock to provide the service of transporting sugarcane and other feedstock harvested within the Herbert River district to the applicant's proposed new factory near Ingham. 

The public version of the application (which excludes material identified by the applicant as confidential) is available under the Application tab.

The Council invited written submissions on the application from interested parties.  The submission period ended on 27 April 2010.  The Council received two submissions in response to the application and these are available under the Submissions on application tab. 

On 1 June 2010 the Council released its draft recommendation (available for download under the draft recommendation tab).  The draft recommendation was that the service not be declared.  

The period for submissions on the draft recommendation closed on 1 July 2010.  The two submissions received by the Council in response to the draft  recommendation are available under the Submission on draft recommendation tab.

On 16 July 2010, the Council sent its recommendation to the designated Minister that the service provided by the Herbert River cane railway not be declared. 

The Minister had 60 days from receipt of the Council's recommendation to publish his decision whether or not to declare the service. That 60 day period expired on 20 September 2010.

As no decision was published within the 60 day period, the designated Minister is deemed by s 44H(9) of the Trade Practices Act 1974 to have decided not to declare the service provided by the Herbert River cane railway and to have published that decision. 

The Council's final recommendation is available under the Final recommendation and decision tab. 

If you would like to be kept informed of developments with the application, please download and complete the Registration of Interest form below and email it to

The Council's Guide to Declaration is available for download on the Council's Guides and Templates page

Registration of Interest (RTF, 311KB)