Welcome to the WestNet Rail Access Seeker Information Pack. This system will provide potential access seekers with general information regarding the route to which you wish to gain access.
Further information is available from the Access Policy Manager Geoff Brook on (08) 9212 2839, or email GBrook@wnr.com.au
The aim of the Rail Access Regime is to establish and implement a framework that ensures effective, fair and transparent competition on Western Australia's railway network to achieve a net public benefit to the State.
The mechanism available to achieve this aim is through negotiation of access agreements between the railway owners and the access seekers, with negotiations based on regulated policies and practices established under the Act and Code.
Under the Regime, any person who can meet certain commercial requirements is legally entitled to negotiate access with a railway owner on the rail infrastructure under their control.
The Regime ensures that businesses seeking rail access are treated fairly, and provides for disputes between the railway owner and the access seeker to be resolved by arbitrators and mediators operating under the Commercial Arbitration Act 1985.
An access seeker can be anyone wishing to enter into a commercial access agreement with the railway owner in respect of a particular route. However, once access has been provided under an access agreement, the access seeker must obtain accreditation under the Rail Safety Act 1998 to operate a service or engage the services of an accredited rail operator to carry on the proposed rail operations.
Any business or individual seeking access to the railway system should apply in writing to the railway owner seeking information on the available rail track capacity, the price and terms of use, technical information (eg. track condition, curves and gradients), and other information such as timetables and existing or proposed train paths.
The railway owner must provide this information within 14 days.
Once received, if the access seeker wishes to proceed, a formal proposal needs to be submitted to the railway owner, specifying the route and associated railway infrastructure, the times when access is required, and the nature of the rail operations. It must also show that the proposed operations are within the capacity of the route and that the access seeker has managerial ability and sufficient financial resources.
Within seven days of receiving the proposal, the railway owner must advise when the draft agreement will be ready and provide both "floor" and "ceiling" prices, including the route section costs on which the floor and ceiling prices have been calculated.
Within the next 23 days the railway owner must provide a draft agreement, unless the proposal seeks additional access from that previously indicated.
During this time, the ERA may be asked to approve access if the request results in the track capacity being fully utilised and if so, must conduct a minimum 30 day public process to assess the request. The ERA also determines and advises both parties of the acceptability of the proposed "floor" and "ceiling" prices, using similar public processes (providing the access seeker is prepared to extend the time line).
Once the access seeker has indicated a readiness to begin negotiations, the railway owner and the access seeker must agree to a negotiation period, which must be no more than 90 days, unless both parties agree to extend the time line.
During the negotiation process, the access seeker may ask the ERA to assess whether the price offered is fair in relation to that which other parties are paying.
If the parties are unable to reach agreement within the negotiation period, the access seeker can advise the ERA it wishes to refer the dispute to arbitration. The access seeker may also refer matters to arbitration prior to the negotiation period if a dispute occurs.
The arbitrator may ask the ERA for comment or advice during the arbitration process.
An arbitrated decision is binding on both parties, except when the access seeker decides not to obtain access under the arbitrated terms.