Western Australian Consolidated Regulations

RAILWAYS (ACCESS) CODE 2000

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Definitions  
   4A.     Parties have option to negotiate agreements outside this Code  
   4.      Other laws not affected  
   5.      Routes to which this Code applies  

   PART 2A -- Publication of information  

   6.      Terms used  
   7A.     Information to be published in hard copy format  
   7B.     Regulator may grant exemption for information about freight carried  
   7C.     Information to be kept up-to-date  
   7D.     Particular provision for information as to gross tonnages and tonnages of freight  
   7E.     Particular provision for information as to proposed improvements and capital works  

   PART 2 -- Proposals for access  

   7.      Preliminary information  
   8.      Proposals for access  
   9A.     Withdrawal of proposal  
   9.      Railway owner’s obligations on receipt of proposal  
   10.     Regulator’s approval required in certain cases  
   11.     Time limits applicable to section 10  
   12.     Record of proposals to be kept  

   PART 3 -- Negotiations  

           Division 1 -- When duty to negotiate arises  

   13.     Duty of railway owner to negotiate  
   14.     Proponent must show it has managerial and financial ability  
   15.     Proponent must show that its operations are within the capacity of the route or expanded route  

           Division 2 -- Negotiations  

   16.     General duties of railway owner in negotiations  
   17.     Matters that must be covered  
   18.     Sufficiency of information under sections 14 and 15  
   19.     Notice of readiness to commence negotiations  
   20.     Negotiation period  
   21.     Regulator may give opinion on price sought for access  

           Division 3 -- Arbitration of disputes  

   22.     Definitions  
   23.     Availability of mediation etc.  
   24.     Panels of persons who may be appointed as arbitrators  
   25.     When entity taken to be in dispute with railway owner  
   26.     Arbitration of disputes under Commercial Arbitration Act 1985  
   27.     Appointment where issues are also relevant to arbitration under another access regime  
   28.     Preliminary conference to be held  
   29.     Matters to be taken into account by arbitrator  
   30.     Question may be referred to Regulator  
   31.     Determination of dispute  
   32.     Determinations where section 25(2)(b) applies  
   33.     Determinations in other cases  
   34.     Determination, effect in relation to railway owner and other party  
   35.     Termination of arbitration  

   PART 4 -- Access agreements  

           Division 1 -- General  

   36.     General matters relating to access agreements  
   37.     Access agreements may differ  
   38.     Agreement not affected by later amendments to Code  

           Division 2 -- Notice and registration of access agreements and determinations  

   39.     Registration of agreements and determinations  

   PART 5 -- Certain approval functions of Regulator  

   40.     Interpretation  
   41.     Matters to be considered by Regulator  
   42.     Public comment before approval given to segregation arrangements  
   43.     Railway owner to comply with approved train management guidelines  
   44.     Certain approved statements of policy to be observed  
   45.     Public comment on draft statements under sections 43 and 44  
   46.     Costing principles  
   47.     Over-payment rules  

   PART 6 -- General  

   48.     Railway owner must supply certain information if requested  
   49.     Inquiries and reports by Regulator  
   50.     Dissemination of information by Regulator  
   51.     Enforcement  
   52.     Transitional provisions  
   53.     Further transitional provision  
           SCHEDULE 1 -- Routes to which this Code applies  
           SCHEDULE 2 -- Information to be made available  
           SCHEDULE 3 -- Matters for which provision to be made in access agreement  
           SCHEDULE 4 -- Provisions relating to prices to be paid for access  
           SCHEDULE 5 -- Relevant provisions of Competition Principles Agreement  
           Compilation table