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Status

Application

Received 17 November 2007

Application by TPI for access to Hamersley Railway service

Draft recommendation

Draft recommendation released 20 June 2008.

Submissions on draft recommendation

Submissions on the Draft Recommendation closed on 21 July 2008.

Final recommendation and decision

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

Outcome & subsequent events

Appealed to Tribunal 13 November 2008, and subsequent appeals.

Application for declaration of the Hamersley Railway (Outcome & subsequent events)

On 13 November 2008 Hamersley Iron Pty Limited (a company associated with Rio Tinto Iron Ore) sought a review of the Treasurer’s decision to declare the Hamersley Service.

On 30 June 2010 the Tribunal set aside the Treasurer's decision to declare the service.

On 13 August 2010 TPI/Fortescue Metals Group appealed from the Tribunal's decision to the Full Court of the Federal Court of Australia. The Full Federal Court handed down its judgment on 4 May 2011, dismissing Fortescue's appeal.

TPI/Fortescue was granted special leave to appeal to the High Court. The High Court delivered judgement on 14 September 2012, remitting Hamersley back to the Tribunal to be re-determined according to law.

On 8 February 2013, the Tribunal set aside the Minister's 2008 decision to declare the Hamersley Railway service.

Available for download below are (a) the public version of the Tribunal's 30 June 2010 statement of reasons (including the Tribunal's summary), (b) the 14 May 2011 judgment of the Full Court of the Federal Court, (c) the 14 September 2012 decision of the High Court, and (d) the Tribunal's decision of 8 February 2013.

Further information on these matters is available on the Third party access to Pilbara railways page.