What was under review?
IPART was asked to review the arrangements governing third-party access to rail tracks in NSW.
The NSW Rail Access Undertaking sets minimum terms and conditions and pricing guidelines for rail owners to negotiate access to their rail tracks with businesses, such as train operators. The existing rail access framework has been in place for 20 years. With the freight movements in metropolitan NSW set to double over the next 30 years, it is important that NSW has the right rail access framework for allowing third-party train operators to use the rail network.
We considered a range of issues, including the:
- negotiation framework for determining access fees and conditions for use of the network
- arbitration framework when parties cannot agree
- information that rail owners need to provide access seekers
- rules for the level of the access fees that TAHE can charge for third-party rail users
- compliance and enforcement regime for ensuring the rules are followed.
Who does this review affect?
Access seekers such as train owners, freight companies, and coal and grain companies enter into agreements with the access providers to access the rail tracks.
We provided our final report and recommendations to the NSW Government on 31 May 2023.