Parliamentary Secretary to the Treasurer
14 September 2010 - 5 March 2012
Decision to Certify the South Australian Rail Access Regime
The Parliamentary Secretary to the Treasurer, the Hon David Bradbury MP, has certified the South Australian Rail Access Regime (SARAR) as an 'effective access regime' under the Competition and Consumer Act 2010 (CCA) for a period of 10 years.
South Australia's key railways are owned and managed by a combination of government owned entities and private companies. The SARAR provides a framework for third party access to South Australian rail, and the terms on which access is provided.
The SARAR covers four operational railways in South Australia: the metropolitan heavy rail passenger network, owned and managed by the South Australian Government; and three freight rail networks owned and operated by Genesee & Wyoming Australia in the Mid North, the Murray-Mallee Region and the Eyre Peninsula.
"The SARAR establishes an appropriate mechanism for obtaining access to key rail services in South Australia," Mr Bradbury said. "As this mechanism accords with the national framework for access regulation, I have decided to certify the SARAR."
The SARAR is based on the South Australian Railways (Operations and Access) Act 1997 and, where parties do not reach negotiated outcomes, provides for arbitration of disputes about access to covered railways.
Certification of an access regime as 'effective' recognises that the regime applies certain agreed principles for regulating access. This certification process ensures a nationally-consistent approach to regulating access to significant infrastructure, and avoids duplication between State and Commonwealth regulation.
This is the fifth certification decision under the CCA during 2011, following successful applications by Queensland, Western Australia and South Australia for certification of regimes covering rail and port infrastructure. This reflects the commitment made by all States and Territories to submit their access regimes for certification.
"The commitment to certification is an important part of COAG's Seamless National Economy reforms,' Mr Bradbury said. "I welcome the States and Territories' demonstrated commitment to this reform."
A copy of the certification and statement of reasons is available on the NCC website, www.ncc.gov.au.
26 July 2011