DOCSLIB.ORG

The Pilbara Infrastructure Pty Ltd, NCC Final Recommendation, 29

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Pilbara Infrastructure Pty Ltd, NCC Final Recommendation, 29 Robe Railway Application for declaration of a service provided by the Robe Railway under section 44F(1)of the Trade Practices Act 1974 Final Recommendation 29 August 2008 Table of Contents Abbreviations and glossary of terms ............................................................................... 6 1 Council processes and final recommendation ............................................................. 13 Final recommendation ............................................................................................................ 15 2 The application .......................................................................................................... 16 The application and applicant................................................................................................. 16 The service sought to be declared .......................................................................................... 16 The facility ............................................................................................................................... 17 The service provider ............................................................................................................... 17 The decision maker ................................................................................................................. 18 Other Pilbara railway applications .......................................................................................... 19 Issues regarding the application ............................................................................................. 19 3 Access regulation under Part IIIA ................................................................................ 24 Objectives of access regulation .............................................................................................. 24 Submissions on access regulation policy ................................................................................ 25 Declaration of a service .......................................................................................................... 27 The character of regulation under Part IIIA ............................................................................ 28 The declaration criteria ........................................................................................................... 31 4 Criterion (a) – Promotion of competition .................................................................... 33 Legal requirements ................................................................................................................. 33 The dependent market(s) ....................................................................................................... 35 The market for haulage services ............................................................................................. 43 The market for iron ore tenements ........................................................................................ 49 Conclusion on criterion (a) ..................................................................................................... 57 5 Criterion (b) – Uneconomical to develop another facility ............................................ 58 Legal requirements ................................................................................................................. 58 Application and submissions .................................................................................................. 59 Alternative tests for assessing criterion (b) ............................................................................ 68 The Council’s assessment ....................................................................................................... 69 Conclusion on criterion (b) ..................................................................................................... 81 6 Criterion (c) – National significance ............................................................................ 82 Legal requirements ................................................................................................................. 82 Application and submissions .................................................................................................. 82 The Council’s assessment ....................................................................................................... 83 Conclusion on criterion (c) ...................................................................................................... 83 7 Criterion (d) – Health and safety................................................................................. 84 Legal requirements ................................................................................................................. 84 Application and submissions .................................................................................................. 84 The Council’s assessment ....................................................................................................... 85 Conclusion on criterion (d) ..................................................................................................... 88 8 Criterion (e) – Effective access regime ........................................................................ 89 Legal requirements ................................................................................................................. 89 Access undertakings ............................................................................................................... 89 Application and submissions .................................................................................................. 90 The Council’s assessment ....................................................................................................... 91 Conclusion on criterion (e) ..................................................................................................... 93 9 Criterion (f) – Not contrary to the public interest ........................................................ 94 Legal requirements ................................................................................................................. 94 Application and submissions .................................................................................................. 97 The Council’s assessment ..................................................................................................... 117 Conclusion ............................................................................................................................ 137 10 Section 44F(4) – Develop a facility for part of the service .........................................141 Legal requirements ............................................................................................................... 141 Application and submissions ................................................................................................ 141 The Council’s assessment ..................................................................................................... 142 Conclusion on section 44F(4) ................................................................................................ 144 11 Section 44H(8) – Duration of declaration .................................................................145 Legal requirements ............................................................................................................... 145 Application and submissions ................................................................................................ 145 The Council’s assessment ..................................................................................................... 146 Conclusion on section 44H(8) ............................................................................................... 147 Appendix A Public consultation ...................................................................................148 Appendix B Map of the Robe Railway ..........................................................................153 Appendix C Arbitration of access disputes under Part IIIA .............................................155 Appendix D Summary comparison of relevant regulatory and related features impacting major east coast coal transport facilities and Pilbara railways with and without access ............................................................................................................158 References ..................................................................................................................160 Figures and tables Figure 5-1 Relationship between investment and capacity by type of railway expansion ................................................................................................. 72 Figure 5-2 Schematic of the Robe Railway showing the intersection with the Hamersley Railway .................................................................................... 74 Table 5-1 Potential demand for the Robe Service ...................................................... 77 Confidential material Confidential material has been omitted from the body of this recommendation as indicated by empty square brackets [ ]. The confidential material has been included in a confidential appendix which has been provided to the decision making Minister and the Minister’s advisors. This confidential appendix is not included in publicly available copies of the recommendation. Abbreviations and glossary of terms above rail
Load more

Recommended publications
  • Rutila Resources Ltd ASX
    Rutila Resources Ltd ASX : RTA For personal use only Investor Presentation 27 November 2013 Rutila Resources Ltd – Disclaimer This Presentation has been prepared by Rutila Resources Ltd (ABN 139 886 187) (Rutila or the Company). This Presentation contains summary information about Rutila and its subsidiaries (Rutila Group) and their activities current as at the date of this Presentation. The information in this Presentation is of general background and does not purport to be complete or to comprise all the information that a shareholder or potential investor in Rutila may require in order to determine whether to deal in Rutila shares. It should be read in conjunction with Rutila Group’s other periodic and continuous disclosure announcements lodged with the Australian Securities Exchange (ASX), which are available at www.asx.com.au. This document is not a prospectus or a product disclosure statement under the Corporations Act (Cth) 2001 (Corporations Act) and has not been lodged with the Australian Securities and Investments Commission (ASIC). Not investment or financial product advice This Presentation is for information purposes only and is not financial product or investment advice or a recommendation to acquire Rutila shares and has been prepared without taking into account the objectives, financial situation or needs of individuals. Before making an investment decision, prospective investors should consider the appropriateness of the information having regard to their own objectives, financial situation and needs and seek financial, legal and taxation advice appropriate to their jurisdiction. Rutila is not licensed to provide financial product advice in respect of Rutila shares. Cooling off rights do not apply to the acquisition of Rutila shares.
    [Show full text]
  • WA State Growth Outlook 2013
    WA State Growth Outlook 2013 Chamber of Minerals and Energy of Western Australia November 2012 Consulting Academy What would you like to grow? February 2011 whatwouldyouliketogrow.com.au Disclaimer • This report has been prepared by PricewaterhouseCoopers ("PwC") for the Chamber of Minerals and Energy of Western Australia ("CME") under the terms of a consultancy agreement. It has been prepared only for the purposes agreed between PwC and CME. • The report is of a general nature. Third parties should not act on the basis of this report without obtaining specific advice. • This report is based on information provided by industry participants as well as publicly available reports. This information has not been independently verified by PwC or CME, and therefore neither PwC nor CME provide any assurance as to its completeness or accuracy. • Survey data was collected in June and July 2012, and reflects respondents' plans at that time. These plans are regularly updated by companies, and are subject to change at short notice. • Neither PwC nor CME accept responsibility or liability for the consequences of any third party's use of, or reliance on, this report whether in whole or in part, or any reference to it. • PwC's liability is limited by a scheme approved under professional standards legislation. © 2012 PricewaterhouseCoopers Australia. All rights reserved. In this document, “PwC” refers to PricewaterhouseCoopers Australia, which is a member firm of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal
    [Show full text]
  • [Toad] Montgomery
    Page 1 of 22 NUMBER....11-02 Special Pilbara edition covering all northwest railroads All photos courtesy Richard [Toad] Montgomery Publisher: Jim Bisdee E-Mail: [email protected] Copyright Jim Bisdee © 2014 FMG SD70ACe 721 & 709 on empty ore train crossing Turner River Bridge November 23rd. _______________________________________________________________________________________ A further set of photos of railroad operations on the remote Pilbara mines trains in north west of this state centred on Port Hedland for BHP Billiton Iron Ore, Fortescue Ming Group and presently under construction Roy Hill Railroad with Rio Tinto at Dampier and Cape Lambert. These are 24/7 operations with empties running to the mines to be loaded and running to the port car dumpers where the ore is then loaded onto ships for export to customers in Asia and Europe. Most of the locomotives in use in this region are US built CW44-9W, ES44DCi or SD70ACe that were imported new. Some rebuilt second hand SD9043MAC from the US and remanufactured Australian built CM40-8M are still in service, with the -8s being steadily withdrawn as new SD70ACes arrive on BHPBIO. Page 2 of 22 FMG 901 SD90MAC locally re-motored with 16-710 4300hp engine running light engine to port 7/11. FMG General Electric 44-9CW 005 & 001 crossing Turner River Bridge with an empty ore train on 23/11. Page 3 of 22 7050, 8126 & 8173 on loaded ore train at 14km peg on Robe River Cape Lambert line November 24th. 7056, 7083 & 8175 on empty “J Train” near Archers on way to Mesa J mine near Pannawonica 24/11.
    [Show full text]
  • Final Book Reviewsdoc
    BOOK REVIEWS Ross Barnett (with assistance from John Reed), Goldfield Entrepreneurs: The Norwegian Party of Waithuna Gully, Otago, Lawrence Athenaeum and Mining Institute, Otago, 2016, pp. 3-216, Maps, photographs, diagrams, ISBN 978-0-473- 35344-5. his was a delightful book to review, with aspects of business history, mining history, local and social history all combined. It is well written and extensively T researched, although the lack of detailed historical records surviving to the present day presents the author with some challenges, which are dealt in a thoughtful and interesting manner. The book starts with an introduction and some contextual thoughts and makes early reference to nineteenth and early twentieth century emigration from Norway, with some comments on the migrant experience. This is a mix of some evidence and some conjecture as to what motivated, as well as characterized, the three main waves of emigration from Norway, the extent of which made it second only to Ireland as a source of European emigrants in the nineteenth century. The emotional experience as presented here is somewhat reflective of Vilhelm Moberg’s Swedish novels, which relate to 19th Century emigrants to the USA, and particularly Minnesota, especially the 1949 classic: “The Emigrants”. Whilst that work was fictional, Barnett’s work is based on stories of real people, from an area to the north of Norway. The journey from Norway across the North Sea to Hull, across England by train to Liverpool and from there to Australia and finally on to New Zealand contained here, is geographically different from the journey of the fictional work, which was to America only.
    [Show full text]
  • The First Train Drivers from D to DR Light Rail 2019 North Tassie
    April 2019 TM Remember when: The irst train drivers From D to DR Light Rail 2019 North Tassie trampings South East Queensland standard gauge The Great South Paciic Express goes west New loops, signalling & platform in the Central West Published monthly by the Australian Railway Historical Society (NSW Division) Editor Bruce Belbin April 2019 • $10.00 TM Assistant Editor Shane O’Neil April 2019 National Affairs Lawrance Ryan Volume 57, Number 4 Editorial Assistant Darren Tulk International Ken Date Remember when: General Manager Paul Scells The irst train drivers Subscriptions: Ph: 02 9699 4595 Fax: 02 9699 1714 Editorial Office: Ph: 02 8394 9016 Fax: 02 9699 1714 ARHS Bookshop: Ph: 02 9699 4595 Fax: 02 9699 1714 Mail: 67 Renwick Street, Redfern NSW 2016 Publisher: Australian Railway Historical Society NSW Division, ACN 000 538 803 From D to DR Light Rail 2019 Print Post 100009942 North Tassie trampings South East Queensland standard gauge Publication No. The Great South Paciic Express goes west New loops, signalling & platform in the Central West Newsagent Ovato Retail Distribution Pty Ltd Published monthly by the Australian Railway Historical Society (NSW Division) Distribution Mailing & Distribution Ligare Pty Limited and Australia Post Printing Ligare Pty Limited Features Website www.railwaydigest.com.au Central West NSW: New loops, signalling and platform 30 Facebook www.facebook.com/railwaydigest In recent years a resurgence in intrastate freight business, especially Contributor Guidelines port-related container services and additional passenger services, has Articles and illustrations remain the copyright of the author and publisher. led to an increase in rail activity on the NSW Western Line.
    [Show full text]
  • Issue Fifty October 22Nd 2009 Free Electronic
    Page 1 of 7 Issue fifty October 22nd 2009 free electronic railway magazine issue 50/09 West Australian Railscene e-Mag is published weekly by Jim Bisdee on rail happenings on West Australian railroads WWW.WESTERNRAILS.COM Copyright Jim Bisdee © 2009 SPECIAL 50TH EDITION PILBARA REVISITED SD70MACel/c 4317 & 4323 on empty ore train negotiates the curves as it climbs the grade through the Chichester Ranges at Hesta on BHPBIO Newman main line on September 28th. Photo Phil Melling _______________________________________________________________________________________ I must sincerely thank Phil Melling who with his family went to the Pilbara for a short break in late September for allowing me to use their photos of ore trains at southern end of both BHPBIO and Rio Tinto lines. BHPBIO crossing of the Chichester Ranges in the Pilbara is a most spectacular sight it is not over a great length nor is it a steep grade but with huge ore trains of over 300 wagons both empty and loaded snaking around the curves it is a sight to behold. There are not that many shots taken of Rio Tinto railroad in the area where the lines cross Great Northern Highway except those taken by tourists who come across these trains at grade crossings and often video them as they never seen anything like it before. The Mt Tom Price area of Rio Tinto line is equally spectacular as the line runs through ranges with an all weather road adjacent to the line for some distance both to the north and south. Page 2 of 7 CM40-8MEFI 5667 & AC6000 6077 both in old blue BHP Iron Ore livery run a loaded ore train down the grade at Garden in Chichester Ranges on September 26th .
    [Show full text]
  • BHP Billiton Submission to the Productivity Commission’S Inquiry Into the National Access Regime 15 February 2013 1
    BHP Billiton Submission to the Productivity Commission’s Inquiry into the National Access Regime 15 February 2013 1 Contents 1. THE OVERRIDING OBJECTIVE: CORRECT DECISIONS 2 2. BHP BILLITON'S EXPERIENCE OF THE PART IIIA DECLARATION PROCESS 4 2.1 FMG's applications for declaration of BHP Billiton's Pilbara iron ore railways 4 2.2 Key features of Part IIIA declaration decisions 4 2.3 The Part IIIA declaration process 5 3. PROPOSAL TO REDUCE THE TIME TAKEN TO RESOLVE PART IIIA APPLICATIONS 8 3.1 Introduction 8 3.2 Summary of recommendations 8 3.3 Proposal concerning associated procedural and administrative arrangements 10 3.4 Alternative proposals should be approached with significant caution 11 4. HOW SHOULD PART IIIA IDENTIFY CASES WHEN DECLARATION IS NOT APPROPRIATE? 12 4.1 Introduction 12 4.2 Summary of recommendations 12 4.3 Declaration criterion (a) – declaration should only be available where the competition benefits from access are substantial 13 4.4 Declaration criterion (b) – the private test best promotes the objects of Part IIIA 13 4.5 Declaration criterion (f) – retain the current public interest criterion, and introduce a new criterion to assess the costs economic and benefits of access 14 4.6 Introduce a new criterion, to assess whether the facility has or is likely to have capacity to provide the service 15 4.7 The "production process" exception – services which involve the use of a material part of a production process should be excluded from the definition of "service" 16 5. FURTHER OBSERVATIONS – STAGE TWO OF PART IIIA 16 ANNEXURE A EXAMPLES OF INFRASTRUCTURE SHARING IN BHP BILLITON'S BUSINESS ANNEXURE B PART IIIA DECLARATION: THE EXPERIENCE IN THE PILBARA RAIL PROCEEDINGS ANNEXURE C DECLARATION CRITERION (B) 2 A.
    [Show full text]
  • Integrated Rail Network Closure Plan
    Report Integrated Rail Network Closure Plan Long Term Mine Planning 7 June 2018 R-PL-EN-0041 Rev 0 CLOSURE GUIDELINE CHECKLIST Report This closure plan addresses the progressive rehabilitation and closure of rail infrastructure projects associated with the Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004. In the absence of regulatory guidelines for inland infrastructure projects, this closure plan follows the report structure described within the Guidelines for Preparing Mine Closure Plans May 2015 published by the Government of Western Australia Department of Mines and Petroleum (now the Department of Mines, Industry Regulation and Safety) and Environmental Protection Authority. The closure of mining operations, including quarries, is not within the scope of this closure plan. Closure Plan (CP) checklist Y/N Page Comments 1 Has the Checklist been endorsed by a senior Y 2 Report has been endorsed using representative within the tenement holder/operating standard Fortescue processes. company? Public Availability 2 Are you aware that from 2015 all CPs will be made N/A This report is not subject to mine closure publicly available? conditions under the Mining Act. 3 Is there any information in the CP that should not be N publicly available? 4 If “Yes” to Q3, has confidential information been N/A submitted in a separate document/section? Cover Page, Table of Contents 5 Does the CP cover page include: Y 1 This report is provided for information • Project Title only. • Company Name • Contact Details (including telephone numbers and email addresses) • Document ID and version number • Date of submission (needs to match the date of this checklist) Scope and Purpose 6 State why the CP is submitted Y 11 This plan has been provided to support the Eliwana Rail Project Public Environmental Review.
    [Show full text]
  • The Genesis of Heavy Haul Freight Railroads in the Pilbara
    The Genesis of Heavy Haul Freight Railroads in the Pilbara The Genesis of Heavy Haul Freight Railroads in the Pilbara By WILLIAM WALKER University of Western Australia n 1957 the Japanese Government introduced a programme to double the per capita income of Japanese citizens between 1960 and 1970. One feature of the I plan was to double steel production, and to increase pig iron production by 280 per cent. This opened up an opportunity for mineral rich Australia to create a new export market and to be a partner in the plan. For this to occur it was vital for new infrastructure to be constructed, and as a result, many railways were built in Australia in the 1960s in response to demand created by the industrialisation of Japan.1 This article will briefly examine the different approaches to operating the new freight railways by the state governments of Queensland and Western Australia but will focus mainly on developments in the latter state. State Railways The two states with large reserves of coal and iron ore were Queensland and Western Australia. Both had state owned narrow gauge, 3ft 6 in., railways. When railways were first built in Australia there was a shortage of capital and colonial governments by necessity became involved in their ownership. Sadly because politicians rarely understood the operation of railways few proved economically viable. When the colonies became states they retained ownership of the railways, but for many years this ownership proved a disaster both for the railways and for the national economy.2 Both Queensland and Western Australia realized that new railways had to be built to exploit their coal and iron ore deposits, and that the Commonwealth would not support a bid for a special loan from the Australian Loan Council to achieve these objectives.
    [Show full text]
  • Determination on the 2021 Weighted Average Cost of Capital for the Freight and Urban Railway Networks, and for Pilbara Railways
    Determination on the 2021 weighted average cost of capital for the freight and urban railway networks, and for Pilbara railways 21 July 2021 D235810 Economic Regulation Authority Economic Regulation Authority Level 4, Albert Facey House 469 Wellington Street, Perth WA 6000 Telephone 08 6557 7900 Email [email protected] Website www.erawa.com.au This document can also be made available in alternative formats on request. National Relay Service TTY: 13 36 77 © 2021 Economic Regulation Authority. All rights reserved. This material may be reproduced in whole or in part provided the source is acknowledged Determination on the 2021 weighted average cost of capital for the freight and urban railway networks, and for Pilbara railways Economic Regulation Authority Contents 1. Introduction ................................................................................................................................. 1 1.1 Requirements of the Code ............................................................................................ 1 1.2 The 2019 rail WACC review .......................................................................................... 1 2. The 2021 rail WACC .................................................................................................................... 3 List of appendices Appendix 1 International bond sample ............................................................................................... 5 Appendix 2 Debt risk premium estimates .......................................................................................
    [Show full text]
  • Application for Declaration of the Mt Newman Railway, FMG Response To
    FORTESCUE METALS GROUP LIMITED RESPONSE DATED 6 MAY 2005 IN RESPONSE TO THE ISSUES PAPER RELEASED BY THE NATIONAL COMPETITION COUNCIL DATED 11 MARCH 2005 2 RESPONSE BY FORTESCUE METALS GROUP LIMITED TO THE ISSUES PAPER RELEASED BY THE NATIONAL COMPETITION COUNCIL DATED 11 MARCH 2005 1. INTRODUCTION 1.1 Fortescue Metals Group Limited (“Fortescue”) refers to: (1) Fortescue’s Application under Part IIIA of the Trade Practices Act for Declaration of the service provided by BHP Billiton Iron Ore Pty Ltd dated 11 June 2004 (“Declaration Application”); (2) Fortescue’s Supplementary Submissions dated 8 July 2004 (“Supplementary Submissions”); and (3) Fortescue’s Submissions dated 4 October 2004 (“Preliminary Issues Paper Submissions”). 1.2 Fortescue also refers to the Issues Paper dated 11 March 2005 issued by the National Competition Council (“NCC”). In its Issues Paper, the NCC sought comments on what it considered to be the principal issues in considering Fortescue’s Declaration Application for declaration of the Service (described as the use of that part of the Mount Newman railway line specified in Fortescue’s Declaration Application). 1.3 Specifically, the NCC sought comments on the following questions: What is an appropriate duration for declaration of the Mount Newman Railway Service and why? Are there any reasonably foreseeable factors which may materially affect the NCC’s assessment of Fortescue’s Application for declaration? What is the time frame for the realization of such factors? 1.4 The NCC cannot recommend that a service be declared unless it believes all the criteria set out in section 44G(2) of the Trade Practices Act have been satisfied.
    [Show full text]
  • Jim Bisdee E-Mail: [email protected] Copyright: Jim Bisdee © 2014
    Page 1 of 25 NUMBER....10 Free e-railroad magazine covering rail happenings in WA during October Publisher: Jim Bisdee E-Mail: [email protected] Copyright: Jim Bisdee © 2014 PTA locomotive U201 hauls Australind car ADP102 past UGL siding on way to Bassendean station to then to propel railcar into UGL for repair October 28th. Photo Jim Bisdee _______________________________________________________________________________________ Roy Hill locomotives 1001, 1003 and 1002 being tested on General Electrics test in Erie PA on October 2nd. Construction of Roy Hill line reached 160km peg the FMG crossover about October 3rd. LZ3119 and LZ3120 were stowed on October 9th, LZ3120 making its last run hauling L3116, LZ3105 and L3113 to Avon Yard Northam for stowing on October 10th. Australind service only ran sporadically during mid October owing to mechanical problems culminating in ADP102 being hauled to UGL Bassendean by PTA locomotive U201 on October 28th for repair. Preserved diesel C1703 and three HVR ex South African coaches ran from Pinjarra to Warawarrup for trial that saw C1703 operate WW1 Commemoration Train from Midland to Fremantle on October 31st as part of a larger commemoration in Fremantle. Scrapping of the ex BHPBIO SD40R [ex Southern Pacific] and General Electric AC600CW commenced at Sell and Parker yard Wedgefield on October 23rd. DAZ1901 was repainted into Aurizon livery to participate in WW1 centenary celebrations being released on October 7th. LZ3119 hauled to Avon Yard behind L3109 & LQ3121 to be stowed on 17th. Page 2 of 25 BHPBIO AC6000CW 6071 being scrapped in Sell and Parker scrap yard Wedgefield 27/10. SD40R being scrapped beside AC6000CW and SD40R Wedgefield on 27/10.
    [Show full text]