Appendix 1: Declaration matters Application date Applicant Service Council recommendation Minister’s decision Review Ultimate outcome 27-Sep-2011 Board of Airline Representatives of Australia Inc Caltex jet fuel pipeline services at Sydney Airport Not to declare Not to declare None Not declared 27-Sep-2011 Board of Airline Representatives of Australia Inc JUHI services at Sydney Airport Not to declare Not to declare None Not declared 19-May-2010 Pacific National Pty Ltd Blackwater coal railway facility N/A N/A N/A No decision—application withdrawn 19-May-2010 Pacific National Pty Ltd Goonyella coal railway facility N/A N/A N/A No decision—application withdrawn 19-May-2010 Pacific National Pty Ltd Moura coal railway facility N/A N/A N/A No decision—application withdrawn 19-May-2010 Pacific National Pty Ltd Newlands coal railway facility N/A N/A N/A No decision—application withdrawn 22-Mar-2010 North Queensland Bio-Energy Corporation Ltd Herbert River district cane tram network Deemed decision not to declare (September 2010) None Not declared 18-Jan-08 Robe Railway track access service (owned and operated by Rio Tinto Ltd) Treasurer’s decision varied by Tribunal: period limited to 10 years from 19 November 2008. Tribunal’s decision judicially reviewed in Federal Court. The Court dismissed Fortescue’s appeal seeking reinstatement of the 20-year period and granted Rio Tinto’s appeal seeking overturning of the declaration. Appeal to High Court by Fortescue heard March 2012. Judgment 16 September 2012 quashed Tribunal decision and remitted for determination according to law. Pending 8
Oct-02 The use of runways, taxiways, parking aprons and other associated facilities (airside service) at Sydney airport Tribunal overturned Minister’s decision and declared the service for five years expiring December 2010. Federal Court upheld the Tribunal’s determination. SACL was refused leave to appeal to the High Court Declared—declaration has expired Sept-01 Rail track services provided through the Wirrida–Tarcoola rail track Tribunal set aside Minister's decision on the basis that no probative material to be affirmatively satisfied about criteria Not declared Aug-01 Portman Iron Ore Limited Rail track services provided through the rail track N/A N/A N/A No decision—application withdrawn May-01 Rail track services provided through Victoria’s intrastate rail network Freight Australia applied for review by the Tribunal but withdrew the application Not declared Jan-01 Normandy Power Pty Ltd, NP Kalgoorlie Pty Ltd and Normandy Golden Grove Operations Pty Ltd (Normandy) Electricity services provided through Western Power’s south west electricity networks N/A N/A N/A Application withdrawn and court proceedings seeking to prevent the NCC from considering Normandy’s application were discontinued Aug-98 Robe River Hamersley rail track services N/A N/A N/A No decision—application withdrawn; Federal Court held that the service was not within Part IIIA (June 1999). An appeal to the Full Federal Court was initiated, but Robe River withdrew the application and the appeal to the Full Court was stayed. Jul-97 Kalgoorlie to Perth rail track service Specialized Container Transport applied for review by Tribunal but withdrew following successful negotiations Not declared Jul-97 Arriving/departing services at Forrestfield As above As above As above As above
Jul-97 Marshalling/shunting service at Forrestfield and Welshpool above above above As above Jul-97 Marshalling/shunting access at Forrestfield and Welshpool above above above As above Jul-97 Fuelling service at and between Kalgoorlie and Perth and within metropolitan Perth As above As above As above Apr-97 New South Wales rail track services in the Hunter Valley Deemed decision not to declare (November 1997) The New South Wales Minerals Council applied to the Tribunal for a review of the Minister’s decision but withdrew the application following the certification of the New South Wales Rail Access Regime Not declared Feb-97 Specialized Container Transport Sydney to Broken Hill rail track services Deemed decision not to declare (August 1997) Specialized Container Transport applied to Tribunal for review but withdrew following successful access negotiations Not declared Dec-96 Carpentaria Transport Queensland rail services, including above-rail services Carpentaria applied to Tribunal for review but withdrew Not declared Nov-96 Australian Cargo Terminal Operators Qantas ramp and cargo terminal services at Melbourne international airport N/A N/A N/A No decision—application withdrawn Nov-96 Australian Cargo Terminal Operators Qantas ramp and cargo terminal services at Sydney international airport N/A N/A N/A No decision—application withdrawn Nov-96 Australian Cargo Terminal Operators Ansett ramp and cargo terminal services at Melbourne international airport N/A N/A N/A No decision—application withdrawn
Nov-96 Australian Cargo Terminal Operators Ansett ramp and cargo terminal services at Sydney international airport N/A N/A N/A No decision—application withdrawn Nov-96 Use of freight aprons and hard stands to load and unload international aircraft at Sydney International Airport To declare for five years (May 1997) Tribunal declared the service for five years from 1 March 2000 Declared—declaration expired Nov-96 Use of area to store equipment used to load and unload aircraft and transfer freight at Sydney International Airport above above above above Nov-96 Use of area to construct a cargo terminal at Sydney International Airport Not to declare (May 1997) Not to declare (July 1997) None Not declared Nov-96 Use of freight aprons and hard stands to load and unload international aircraft at Melbourne International Airport None Declared—declaration expired: declared until 9 June 1998 and were then subject to access provisions of the Airports Act 1996 until repealed in 2003 Nov-96 Use of area to store equipment used to load and unload aircraft and to transfer freight at Melbourne International Airport above above above above Nov-96 Use of area to construct a cargo terminal at Melbourne International Airport Not to declare (May 1997) Not to declare (July 1997) None Declared—declaration expired: declared until 9 June 1998 and were then subject to access provisions of the Airports Act 1996 until repealed in 2003
Nov-96 Use of an area at the airport to: store equipment used to load/unload international aircraft; and to transfer freight from the equipment to/from trucks at Melbourne International Airport NCC/Minister Declared—declaration expired: declared until 9 June 1998 and were then subject to access provisions of the Airports Act 1996 until repealed in 2003. Nov-96 Use of an area to construct a cargo terminal at Melbourne International Airport NCC/Minister Not declared Apr-96 Austudy payroll deduction service provided by the Department of Education, Employment, Training and Youth Affairs computer system NCC/Minister Not declared Tribunal * indicates declaration decisions that were the responsibility of a designated State or Territory Minister, see CCA s 44D. In all other cases the decision making minister was the designated Commonwealth Minister.