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

On 19 May 2010 the Council received four applications from Pacific National Pty Ltd, a wholly-owned subsidiary of Asciano Ltd, for declaration of the services provided by the Blackwater, Goonyella, Moura and Newlands coal railway facilities in Central Queensland owned by QR Limited (the Services). Copies of the applications and relevant documentation are available under the Application tab.

On 17 June 2010 the Council also received an application for certification of the Queensland Rail Access Regime as an effective regime. For further information regarding the application for certification and copies of the application and relevant 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 arose in relation to the declaration applications mirror the issues that arose in relation to the certification application (in particular as they relate to declaration criterion (e) in section 44G(2) of the TPA). The Council undertook its consideration of the application for certification of the Queensland Rail Access Regime at the same time as its consideration of the declaration applications and, where appropriate, through a common process.

The Council invited interested parties to make written submissions on both applications before 19 July 2010. The Council received three submissions.

In light of the complexity of the circumstances surrounding the applications, the Council provided an opportunity for parties to make supplementary submissions addressing the consequences of any significant developments which occurred after the first submission deadline. The supplementary submission period ended on 16 August 2010.  The Council received three supplementary submissions.

After considering the initial and supplementary submissions, the Council on 14 September 2010 released its draft recommendations for the declaration applications and the certification application.  Interested parties were invited to make submissions on both matters before 14 October 2010.

On 13 October 2010 the applicant notified the Council of the withdrawal of this application. Consequently, the Council did not make a final recommendation to the designated Minister in respect of declaration of the Services.