Court rules against bid to 'undermine' rail regulator's draft decision on Aurizon's coal track moves

THE SUPREME Court of Queensland has ruled against the legal bid by rail transport group Aurizon to 'undermine' the regulator's draft coal rail network decision

"On behalf of the state’s coal industry and the 300,000 Queenslanders employed by the resources sector, the Queensland Resources Council (QRC) welcomes the Supreme Court of Queensland’s decision to dismiss Aurizon’s legal challenge to the draft decision of the Queensland Competition Authority (QCA) for the future operation of the state’s major coal rail network," QRC chief executive Ian Macfarlane said.

"This outcome is very important for all Queenslanders, who are set to receive more than $3.5 billion in coal royalties this financial year.

"The Court’s decision allows the QCA to finalise its decision on the future management of the Central Queensland Coal Network."

Aurizon Network commenced the judicial review application on April 30, 2018, with the statement: “Aurizon Network has today applied to the Supreme Court of Queensland for the Judicial Review of the Queensland Competition Authority’s (QCA) Draft Decision on the 2017 Draft Access Undertaking (UT5) for Aurizon’s Central Queensland Coal Network (CQCN) on the basis of apprehended bias.

"This application results from the QCA chairman, Professor Roy Green also being the chairman of the Port of Newcastle in NSW, part of the Hunter Valley coal supply chain. Aurizon Network is seeking judicial review of the draft decision on the basis that it was affected by legal error because the Queensland Competition Authority did not afford procedural fairness to Aurizon Network due to Prof. Green’s conflict of interest and the apprehension of bias.”

On July 26, 2018, 10 coal producers – among them Australia’s largest coal producers – were joined as respondents to the judicial review application commenced by Aurizon Network against the QCA in the Supreme Court of Queensland.

The coal producers that were joined as Respondents to the judicial review application by Aurizon Network were:

Anglo American Metallurgical Coal Pty Ltd
BHP Billiton Mitsui Coal Pty Ltd, 
BM Alliance Coal Operations Pty Ltd
Coronado Curragh Pty Ltd
Glencore Coal Pty Ltd
Idemitsu Australia Resources Pty Ltd
Jellinbah Mining Pty Ltd
Lake Vermont Resources Pty Ltd
Peabody Energy Australia Coal Pty Ltd 
Yarrabee Coal Company Pty Ltd

www.qrc.org.au

 

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