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

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

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

On 13 August 2010 Rio Tinto and associated entities 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, allowing Rio Tinto's appeal. The declaration of the Robe service was set aside.

TPI/Fortescue was granted special leave to appeal to the High Court. The High Court delivered judgement on 14 September 2012, remitting Robe Railway back to the Tribunal to be redetermined according to law.

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