Application for declaration of Queensland Rail’s Queensland coal rail network (Application)

On 19 May 2010 the Council received four applications from Pacific National Pty Ltd, a wholly-owned subsidiary of Asciano Ltd, under s44F(1) of the Trade Practices Act 1974 seeking declaration of the services provided by the Blackwater, Goonyella, Moura and Newlands coal railway facilities in Central Queensland owned by QR Limited (the Services). The Council intends to consider the declaration applications together. Copies of the applications and related documentation are available below.

In response to a request from the Council, the applicant provided by letter on 14 July 2010 additional information relating to the application. On 26 July 2010, the applicant provided a further letter clarifying some of the information in the earlier letter. Both letters, as well as a document describing the nature of the confidential information in the non-public version of the application, are available below.

On 17 June 2010 the Council also received an application for the certification of the Queensland Rail Access Regime as an effective access regime. For further information on the application for certification and copies of the application and related documentation refer to the Application for certification of the Queensland Rail Network page.

The Council's consideration of the certification and declaration applications

Many of the critical issues that arise in relation to the declaration applications mirror the issues that arise in relation to the certification application (in particular as they relate to declaration criterion (e) in section 44G(2) of the TPA). The Council is undertaking its consideration of the declaration applications at the same time as its consideration of the application for certification of the Queensland Rail Access Regime and, where appropriate, through a common process.

The Council now invites written submissions on the certification and declaration applications from interested parties. Parties making a submission should refer to the Council's Guide to Declaration, Guide to Certification, Guide to making a submission on declaration applications and Guide to making a submission on certification applications which are available below.

Parties making a submission should complete and attach a submission cover sheet which is available at the end of the Guide to making a submission. Submissions are due by 5pm on Monday 19 July 2010.

Rather than seeking multiple submissions, the Council intends to treat submissions in relation to each application as submissions in relation to all these applications and to run its consideration of the certification application in parallel with its consideration of the current declaration applications. For this reason the Council has made the closing date for submissions on the certification application the same as the closing date already specified for submissions on the declaration applications.

Submissions should be emailed in soft copy (both MS Word and PDF) to the Council at qldrailnetwork@ncc.gov.au with a hard copy sent to:

Queensland Rail Network Submissions
National Competition Council
GPO Box 250
Melbourne VIC 3001

If you intend to make a submission, or would like to be kept informed of developments with the applications, please download and complete the Registration of Interest form below and email it to qldrailnetwork@ncc.gov.au or fax it to (03) 9285 7477. If you have previously registered your interest in relation to the declaration applications, there is no need to re-register your interest for the certification application.