Railways (Access) Code 2000 (WA)

Western Australia Railways (Access) Act 1998 Railways (Access) Code 2000 Western Australia Railways (Access) Code 2000 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. M Terms used 1 3A. Relevant day in relation to proposal 1 3B. Current regulatory asset base 1 3C. Notes not part of this Code 1 4A. Parties have option to negotiate agreements outside this Code 1 4. Other laws not affected 1 5. Routes to which this Code applies 1 Part 2A — Publication of information 6. Terms used 1 7A. Information must be published 1 7B. Regulator may grant exemption for information about gross tonne kilometres of freight carried 1 7BA. Regulator may grant exemption for other information 1 7C. Information to be kept up‑to‑date 1 7D. Particular provision for information as to gross tonne kilometres of freight 1 7DA. Particular provision for information as to running times 1 7E. Particular provision for information as to proposed improvements and capital works 1 7F. Particular provision for monthly route section information 1 7G. Standing offers 1 Part 2 — Proposals for access 7. Preliminary information 1 8. Proposals for access 1 8A. Proposals for interim access 1 9A. Withdrawal of proposal 1 9B. Frivolous or vexatious proposals 1 9C. Railway owner may request further information 1 9D. Access seeker may provide further information or notify dispute 1 9. Railway owner's obligations on receipt of proposal 1 10. Obligations if railway owner considers extension or expansion necessary 1 10A. Cost assessment of extension or expansion 1 11. Obligations if railway owner does not consider extension or expansion necessary 1 12. Record of proposals to be kept 1 Part 3 — Negotiations Division 1 — When duty to negotiate arises 13. Duty of railway owner to negotiate 1 Division 2 — Negotiations 16. General duties of railway owner in negotiations 1 17. Matters that must be covered 1 19. Notice of readiness to commence negotiations 1 20. Negotiation period 1 21. Regulator may give opinion on price sought for access 1 Division 3 — Arbitration of disputes 22. Terms used 1 24. Panels of persons who may be appointed as arbitrators 1 25. When entity taken to be in dispute with railway owner 1 26. Arbitration of disputes under Commercial Arbitration Act 2012 1 27. Appointment where issues are also relevant to arbitration under another access regime 1 28. Preliminary conference to be held 1 29. Matters to be taken into account by arbitrator 1 30. Question may be referred to Regulator 1 31. Determination of dispute 1 31A. Time limit for determination 1 31B. Determinations where section 25(2)(aa) applies 1 32. Determinations where section 25(2)(b) applies 1 33. Determinations where section 25(2)(a) or (c) applies 1 34. Determination, effect in relation to railway owner and other party 1 35. Termination of arbitration 1 36A. Transitional provision relating to the Railways (Access) Amendment Code 2012 1 36B. Transitional provision relating to the Railways (Access) Amendment Code 2023 1 Part 4 — Access agreements Division 1 — General 36. General matters relating to access agreements 1 37. Access agreements may differ 1 38. Agreement not affected by later amendments to Code 1 Division 2 — Notice and registration of access agreements and determinations 39. Registration of agreements and determinations 1 39A. Publication of determinations 1 Part 5 — Certain Regulator functions Division 1 — General 40. Interpretation 1 41. Matters to be considered by Regulator 1 41A. Public comment on matters under this Part 1 42. Public comment before approval given to segregation arrangements 1 Division 2 — Certain approval functions 43. Railway owner to comply with approved train management guidelines 1 44. Certain approved statements of policy to be observed 1 47. Over‑payment rules 1 47A. Standard access provisions 1 Division 3 — Regulatory asset base functions Subdivision 1 — General 47B. Terms used 1 47C. Applicable part of the railways network and applicable railway infrastructure 1 47D. Relevant existing railway owners 1 47E. Notices to relevant existing railway owners 1 47F. Double counting of assets prohibited 1 47G. Contributed capital prohibited 1 Subdivision 2 — Matters to be approved or determined by Regulator 47H. Costing principles 1 47I. Period that applies for s. 47H(1) 1 47J. Initial regulatory asset base 1 47K. Applicable depreciation schedule 1 47L. Period that applies for s. 47J(1) 1 47M. Regulator may direct correction of material error or deficiency 1 Subdivision 3 — Updated regulatory asset base 47N. Railway owner to update regulatory asset base 1 Division 4 — Regulator review 47O. Terms used 1 47P. Railway owner to submit updated regulatory asset base 1 47Q. Railway owner to submit applicable depreciation schedule 1 47R. Railway owner to submit operating expenditure 1 47S. Regulator may approve proposed capital expenditure 1 47T. Regulator may approve proposed operating expenditure 1 47U. Regulator to review updated regulatory asset base 1 47V. Regulator to assess efficiency of capital expenditure 1 47W. Regulator to assess efficiency of operating expenditure 1 47X. Redetermination of costs following Regulator review 1 Part 6 — General 48. Railway owner must supply certain information if requested 1 49. Inquiries and reports by Regulator 1 50. Dissemination of information by Regulator 1 50A. Disclosure of confidential information by Regulator 1 51. Enforcement 1 52. Requirements of notice extending time 1 Part 7 — Transitional provisions for Railways (Access) Amendment Code 2023 56. Terms used 1 57. Former Code continues to apply to proposals 1 58. Existing over‑payment rules 1 59. Existing costing principles 1 60. Regulator must give effect to certain transitional depreciation arrangements when performing function under s. 47K(3) 1 Schedule 1 — Routes to which this Code applies Schedule 2 — Information to be made available Terms used 1 Information 1 Schedule 2A — Matters to be set out in a proposal Access seeker's details 1 Details of the access sought 1 Details of the proposed rail operations 1 Timetabling requirements 1 Rolling stock details 1 Breach of existing or previous agreement 1 Schedule 2B — Matters to be demonstrated in a proposal Ability to use access rights 1 Financial and managerial ability 1 Schedule 3 — Matters for which provision to be made in access agreement Schedule 4 — Provisions relating to prices to be paid for access Division 1 — Preliminary 1. Terms used 1 2. Railway infrastructure 1 3. Regulator to determine weighted average cost of capital 1 4. Nature of costs 1 Division 2 — Provisions relating to access price negotiation 5. Term used: other entities 1 6. Prices to be negotiated 1 7A. Apportionment of costs of extension or expansion 1 7. Floor price test 1 8. Ceiling price test 1 9. Determination of costs by Regulator 1 10. Determination of costs where clause 9 does not apply 1 11. Public submissions must be sought 1 12. Review and redetermination of costs 1 12A. Prices for access under interim access agreement 1 13. Guidelines to be applied 1 Schedule 5 — Relevant provisions of Competition Principles Agreement Notes Compilation table 1 Other notes 1 Defined terms Western Australia Railways (Access) Act 1998 Railways (Access) Code 2000