The Parliamentary Secretary to the Treasurer, the Hon David Bradbury MP, has certified the Western Australian Rail Access Regime (WARAR) as an 'effective access regime' under the Competition and Consumer Act 2010 (CCA) for a period of five years.
"Having considered the evidence presented, and the report of the National Competition Council (NCC), I have decided that all relevant matters for certification have been satisfied," Mr Bradbury said.
"My decision to certify did not reflect the final recommendation of the NCC. In reaching this decision, I considered advice from the Department of Treasury," Mr Bradbury said.
"Even though my decision is different to the NCC's final recommendation, I share some of their concerns about the way the WARAR is applied to new railways. I encourage the Western Australian Government to consider how greater certainty could be achieved, and the next review of the regime in 2014 is an appropriate opportunity for this to occur," said Mr Bradbury.
"It is because I shared these concerns that I have decided to limit the certification period to five years. I note that even though the final NCC recommendation was not to certify, it did consider the issue of duration of certification. The NCC recommended that a five year certification period would be appropriate in this case," said Mr Bradbury.
The Western Australian Premier applied for certification of the WARAR on 12 May 2010. The NCC then considered the application via a public consultation process. The NCC provided its final recommendation to the Government on 13 December 2010.
The decision has been made within the 60 day statutory deadline, which expires on 11 February 2011, set out in the CCA.
The WARAR provides a framework within which parties can negotiate access for covered railway infrastructure. The WARAR comprises the relevant provisions of the Railways (Access) Act 1998 (WA) and the Railways (Access) Code 2000 (WA), and applies to about 5 000 kilometres of railway track in the south‑west of Western Australia and the Pilbara Infrastructure Pty Ltd railway in the eastern Pilbara.
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.
The certification of the WARAR is part of our move towards a National Seamless Economy, and a broader Council of Australian Governments reform where all State and Territory infrastructure access regimes must be submitted to the NCC for certification.
A copy of the certification and statement of reasons is available on the NCC website, www.ncc.gov.au.
11 February 2011