New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) A rail infrastructure owner may from time to time prepare--(a) an access undertaking, or(b) a variation of an existing access undertaking,for the purpose of implementing the Competition Principles Agreement in respect of third party access to the part of the NSW rail network for which it is the rail infrastructure owner by the national rail track corporation, by rail operators and by access purchasers.
(2) Before completing its preparation of an access undertaking or variation, a rail infrastructure owner--(a) must cause a copy of the proposed undertaking or variation to be made available for public inspection, and posted on its Internet website, for at least 30 days, and(b) must cause notice of the proposed undertaking or variation--(i) containing details of the places (including the address of the relevant Internet website) where it can be inspected, and(ii) stating that public submissions may be made in relation to it during that period,to be published in a daily newspaper circulating throughout New South Wales, and(c) must take into consideration any submissions made in relation to the proposed undertaking or variation during that period.
(3) Subclause (2) does not apply if the access undertaking or variation (or a substantially similar access undertaking or variation)--(a) has been submitted to the Australian Competition and Consumer Commission under section 44ZZA of the Competition and Consumer Act 2010 of the Commonwealth, and(b) has been withdrawn without having been accepted under that section, and(c) prior to its being withdrawn, has been subject to a public consultation process under section 44ZZA(4) of that Act.
(4) In this clause,
"Competition Principles Agreement" means the Competition Principles Agreement made on 11 April 1995 by the Commonwealth, the Territories and the States, as in force for the time being.
(1) An access undertaking must make provision with respect to the application of Part 4A of the Independent Pricing and Regulatory Tribunal Act 1992 to a dispute with respect to third party access to the NSW rail network--(a) by the national rail track corporation, or(b) by persons in their capacities as rail operators or access purchasers.
(2) In any arbitration of such a dispute, the arbitrator--(a) must give effect to the access undertaking, and(b) must take into account (in addition to the matters referred to in section 24B(3) of the Independent Pricing and Regulatory Tribunal Act 1992 ) the desirability of ensuring priority and certainty of access for passenger services.
(1) An access undertaking may make provision for persons--(a) who intend to be access purchasers, and(b) who, in the opinion of the rail infrastructure owner, have the capacity to secure and properly manage the services of a rail operator,to enter into negotiations in respect of third party access to the part of the NSW rail network for which it is the rail infrastructure owner.
(2) Such a person may be provided with access under an undertaking even if the person is not an access purchaser, on the condition that the person becomes an access purchaser prior to the operation or movement of rolling stock pursuant to such access.
An access undertaking may confer or impose functions on the Independent Pricing and Regulatory Tribunal in connection with the undertaking.
(1) An access undertaking or variation prepared under this Schedule must be submitted for the Minister's approval, together with--(a) a summary of the submissions made in relation to the proposed undertaking or variation, whether under clause 1 of this Schedule or under section 44ZZA of the Competition and Consumer Act 2010 of the Commonwealth, and(b) the rail infrastructure owner's comments on those submissions.
(2) When considering the access undertaking or variation, the Minister is to take into consideration all of the public benefits arising from the undertaking or variation (including those that do not have a direct commercial value).
(3) An approval under this clause is not to be given except with the concurrence of the Premier.
(1) An access undertaking or variation takes effect--(a) on the day on which notice of the Minister's approval of the undertaking or variation is published in the Gazette, or(b) on such later day as may be specified in the notice.
(2) As soon as practicable after the relevant notice is published in the Gazette, the rail infrastructure owner must ensure that--(a) the terms of the access undertaking or variation are published on its website on the Internet, and(b) copies of the access undertaking or variation are made available for inspection and purchase at each of its offices.
The commencement of an access undertaking or variation under this Schedule does not affect any access agreements in relation to the part of the NSW rail network for which it is the rail infrastructure owner that have been entered into between a rail infrastructure owner and any other person before that commencement.
Nothing in this Schedule affects the operation of the Rail Safety National Law (NSW) .
In this Schedule,
"national rail track corporation" means--
(a) subject to paragraph (b), Australian Rail Track Corporation Limited (ACN 081 455 754), or
(b) if some other corporation is prescribed by the regulations for the purposes of this definition (being a corporation established under an agreement between the Commonwealth, the Territories and the States with respect to the provision of interstate access to Australian rail networks), that other corporation.