The Australian Competition and Consumer Commission has issued a decision allowing the Australian Rail Track Corporation (ARTC) to include the Southern Sydney Freight Line in its Interstate Access Undertaking. This means that negotiations between ARTC and parties wanting to run trains on the Southern Sydney Freight Line will be supported by the processes and principles in the Interstate Access Undertaking.

“The ACCC’s view is that incorporating the Southern Sydney Freight Line into the Interstate Access Undertaking will ensure that there is a consistent approach to access regulation across ARTC’s Interstate Rail Network,” ACCC Chairman Rod Sims said.

“This will streamline the pathway to access and support improved network efficiency and freight productivity.”

The charge that was proposed by ARTC for the Southern Sydney Freight Line will form the ‘upper limit’ on what it can offer to parties seeking access and will form the starting point for negotiations.

“Due to the availability of road and rail alternatives to the Southern Sydney Freight Line, potential users are likely to be able to negotiate on price,” Mr Sims said.

The ARTC’s Interstate Access Undertaking was accepted by the ACCC in July 2008 pursuant to Part IIIA of the Competition and Consumer Act 2010. The Interstate Access Undertaking covers, for a period of ten years, the terms and conditions of access for rail services on the Interstate Rail Network that is owned or leased by the ARTC. Under Part IIIA, variations to the Interstate Access Undertaking, such as the inclusion of the Southern Sydney Freight Line, are allowed with the consent of the ACCC. (68)