Hi,
this just out on the newswires (Australian Associated Press):-
Federal Court dismisses BHP rail appeal
Oct 5 AAP - BHP Billiton Ltd may have to open its railway lines in the Pilbara region of Western Australia to third party users following a Federal Court of Australia ruling today.
The miner had appealed a Federal Court ruling made in December that declared the company's railway lines in the Pilbara were not part of the production process.
This decision paves the way for the rail lines potentially to be declared open to third-party access under the Trade Practices Act.
The full bench of the Federal Court today dismissed BHP Billiton's appeal.
The Federal Court action was brought by the National Competition Council (NCC) and Fortescue Metals Group Ltd.
Fortescue is seeking access to BHP Billiton's 426 kilometre Mt Newman line to allow the development of the Mindy Mindy iron ore deposit.
The Australian Competition Tribunal will determine the broader question of whether the rail lines should be declared open to third-party access under the Trade Practices Act.
Fortescue Metals initiated tribunal proceedings in June 2006 after the federal Treasurer, Peter Costello, declined to follow a National Competition Council recommendation that the Mt Newman rail line be declared open to third-party access.
The Mt Newman and Goldsworthy rail lines transport about 100 million tonnes of iron ore each year to Port Hedland for blending, processing and shipping.
TOU violation
YML
unknown
