{"id":"economic-regulation-authority-railways-access-funding-regulations-2019","name":"Economic Regulation Authority (Railways Access Funding) Regulations 2019","slug":"economic-regulation-authority-railways-access-funding-regulations-2019","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174616,"registerId":"wa-economic-regulation-authority-railways-access-funding-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Economic Regulation Authority (Railways Access Funding) Regulations 2019","content":"![Crest]()Western Australia\n\nEconomic Regulation Authority Act 2003\n\nEconomic Regulation Authority (Railways Access Funding) Regulations 2019\n\nWestern Australia\n\nEconomic Regulation Authority (Railways Access Funding) Regulations 2019\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Application of these regulations 2\n\n5. Specific charges: liability and amount 2\n\n6. Standing charges: liability and amount 4\n\n7. Standing charges: assessment and payment 5\n\n8. Recovery of unpaid amounts 6\n\n9. Extension of time within which to pay 7\n\n10. Authority’s annual report 7\n\n11. Review 7\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nEconomic Regulation Authority Act 2003\n\nEconomic Regulation Authority (Railways Access Funding) Regulations 2019\n\n##### 1. Citation\n\n\t\tThese regulations are the *Economic Regulation Authority (Railways Access Funding) Regulations 2019*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on 1 July 2019.\n\n##### 3. Terms used\n\n(1) In these regulations —\n\nallowed period, in relation to the payment of a charge under these regulations, means the period referred to in regulation 5(4) or 7(2) (whichever is relevant) or that period as extended by the Authority under regulation 9;\n\nCode means the *Railways (Access) Code 2000*;\n\ncore function costs, for a quarter, means costs that —\n\n(a) are incurred by the Authority in the quarter in connection with the performance of its functions under the *Railways (Access) Act 1998* and the Code; and\n\n(b) cannot be recovered through the imposition of specific charges;\n\ncovered route means a route to which the Code applies;\n\nprescribed rate, in relation to interest on amounts not paid within an allowed period, means the interest rate that is 5 percentage points higher than —\n\n(a) the Australian Stock Exchange Bank Bill Swap Rate (BBSW) for a 1 month security for the first day after the allowed period for which the rate is published; or\n\n(b) if a rate is not published as described in paragraph (a) — the rate determined by the Authority having regard to comparable indices then available;\n\nquarter means the period of 3 months ending on 30 September, 31 December, 31 March or 30 June;\n\nspecific charge means a charge payable under regulation 5(2);\n\nstanding charge means a charge payable under regulation 6(1).\n\n(2) A reference to a railway owner in relation to a quarter includes a reference to a person who was a railway owner at any time in the quarter.\n\n(3) If a term is given a meaning in the Code, it has the same meaning in these regulations.\n\n##### 4. Application of these regulations\n\nThese regulations apply to and in relation to the railway owners of covered routes.\n\n##### 5. Specific charges: liability and amount\n\n(1) The following functions of the Authority are listed for the purposes of subregulation (2) —\n\n[(a) deleted]\n\n(b) functions under section 21 of the Code, in relation to the price sought by a railway owner in negotiations for an access agreement;\n\n(c) functions under section 26 of the Code, in relation to appointing an arbitrator;\n\n(d) functions under section 30 of the Code, in relation to a question referred by an arbitrator;\n\n(e) functions under Part 5 Division 2 or 3 of the Code, in relation to guidelines, policies, rules, standard access provisions, principles, initial regulatory asset bases, applicable depreciation schedules or updated regulatory asset bases of a railway owner;\n\n(ea) functions under Part 5 Division 4 of the Code, in relation to statements submitted, or applications made, by a railway owner;\n\n(f) functions under Schedule 4 clause 9 of the Code, in relation to costs relating to a proposal that is likely to be made to a railway owner;\n\n(g) functions under Schedule 4 clause 10 of the Code, in relation to a railway owner’s determination of costs relating to a proposal;\n\n(h) functions under section 47X or Schedule 4 clause 12 of the Code, in relation to costs approved or determined in respect of a proposal.\n\n(2) If the Authority performs a function listed in subregulation (1), the railway owner in relation to which the function is performed is liable to pay a charge for the performance of the function.\n\n(3) The Authority must give the railway owner a notice that specifies —\n\n(a) the amount of the charge; and\n\n(b) the day on which the notice was issued.\n\n(4) The amount specified in the notice is payable to the Authority within 30 days after the day on which the notice was issued.\n\n(5) The amount of the charge is an amount equivalent to the costs described in subregulation (6) that —\n\n(a) have been incurred by the Authority; and\n\n(b) are directly attributable to the performance of the function or to the doing of anything that was necessary to be done for or in connection with the performance of the function.\n\n(6) For the purposes of subregulation (5), the costs are —\n\n(a) costs of consultants or contractors engaged by the Authority including accommodation costs, travel costs and equipment costs; and\n\n(b) remuneration of staff members; and\n\n(c) photocopying, mailing, publishing and advertising costs; and\n\n(d) costs associated with public consultation conducted under the *Railways (Access) Act 1998* or the Code.\n\n(7) The Authority must, at the request of the railway owner, give the railway owner an itemised account of the costs covered by the charge.\n\n(8) If the railway owner does not pay the amount of the charge in full within the allowed period, interest on any outstanding amount is payable to the Authority at the prescribed rate calculated daily.\n\n[Regulation 5 amended: SL 2023/199 r. 4.]\n\n##### 6. Standing charges: liability and amount\n\n(1) If a railway owner (the railway owner) is the railway owner of a covered route at any time in a quarter, the railway owner is liable to pay a charge for the quarter in connection with the core function costs of the Authority.\n\n(2) The amount of the charge payable by the railway owner for the quarter is, if each railway owner liable to a charge under subregulation (1) for the quarter was a railway owner of a covered route for the whole of the quarter, worked out in accordance with this formula —\n\nwhere —\n\nC is the amount of the core function costs for the quarter;\n\nN is the number of railway owners liable to a charge under subregulation (1) for the quarter.\n\n(3) The amount of the charge payable by the railway owner for the quarter is, if at least 1 railway owner liable to a charge under subregulation (1) for the quarter was not a railway owner of a covered route for the whole of the quarter, worked out in accordance with this formula —\n\nwhere —\n\nC is the amount of the core function costs for the quarter;\n\nD is the number of days in the quarter on which the railway owner was a railway owner of a covered route;\n\nT is the sum of the number of days each railway owner, who was a railway owner of a covered route at any time during the quarter, was such a railway owner in the quarter.\n\n##### 7. Standing charges: assessment and payment\n\n(1) As soon as is practicable after the end of each quarter the Authority must —\n\n(a) assess the standing charge payable by a railway owner for the quarter; and\n\n(b) give a notice of assessment to the railway owner specifying —\n\n(i) the amount of the charge payable; and\n\n(ii) the amount of the core function costs used in calculating the charge; and\n\n(iii) the day on which the notice of assessment was issued.\n\n(2) The amount specified in the notice is payable to the Authority within 30 days after the day on which the notice was issued.\n\n(3) If the railway owner does not pay the amount specified in the notice in full within the allowed period, interest on the outstanding amount is payable to the Authority at the prescribed rate calculated daily.\n\n(4) The Authority must, at the request of the railway owner, give the railway owner a written explanation of how the core function costs specified in the notice were calculated, including reasonable details of what the core function costs relate to.\n\n##### 8. Recovery of unpaid amounts\n\n(1) The Authority may recover a charge that is unpaid in whole or in part, together with any interest payable, in a court of competent jurisdiction as a debt due to the Authority.\n\n(2) In proceedings under subregulation (1) an evidentiary certificate is, without proof of the appointment of the chairman or of the authenticity of the signature, sufficient evidence of the matters specified or stated.\n\n(3) In subregulation (2) —\n\nevidentiary certificate means a certificate —\n\n(a) purporting to be signed by the chairman; and\n\n(b) specifying an amount as being all or part of a specific charge or standing charge; and\n\n(c) specifying an amount as being interest payable under regulation 5(8) or 7(3); and\n\n(d) specifying a person as being liable to pay the specified amounts; and\n\n(e) stating that the specified amounts are unpaid.\n\n##### 9. Extension of time within which to pay\n\nThe Authority may, in a particular case, extend the period referred to in regulation 5(4) or 7(2) (whichever is relevant) if satisfied that it is appropriate to do so.\n\n##### 10. Authority’s annual report\n\nThe annual report submitted by the Authority under the *Financial Management Act 2006* section 61 must include details of the following matters in respect of the financial year to which the annual report relates —\n\n(a) the total amount of specific charges paid or payable by each railway owner who was liable to pay a specific charge during the year;\n\n(b) the total amount of standing charges paid or payable by each railway owner who was liable to pay a standing charge during the year.\n\n##### 11. Review\n\n(1) The Authority must carry out reviews of the method, in these regulations, of recovering the Authority’s costs in connection with the performance of its functions under the *Railways (Access) Act 1998* and the Code.\n\n(2) The Authority must —\n\n(a) carry out the first review, and give the Minister a written report based on it, before 1 July 2029; and\n\n(b) carry out subsequent reviews, and give the Minister written reports based on them, as soon as practicable after each 10th anniversary of the first report.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Economic Regulation Authority (Railways Access Funding) Regulations 2019* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Economic Regulation Authority (Railways Access Funding) Regulations 2019* | 3 May 2019 p. 1337-48 | r. 1 and 2: 3 May 2019 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2019 (see r. 2(b)) |\n| *Economic Regulation Authority (Railways Access Funding) Amendment Regulations 2023* | SL 2023/199 13 Dec 2023 | r. 1 and 2: 13 Dec 2023 (see r. 2(a));   Regulations other than r. 1 and 2: 19 Dec 2023 (see r. 2(b)(ii) and SL 2023/207 s. 2(c)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nallowed period 3(1)\n\nCode 3(1)\n\ncore function costs 3(1)\n\ncovered route 3(1)\n\nevidentiary certificate 8(3)\n\nprescribed rate 3(1)\n\nquarter 3(1)\n\nrailway owner 6(1)\n\nspecific charge 3(1)\n\nstanding charge 3(1)\n\n© State of Western Australia 2023.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2023.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. No comparison between original intent and enacted provisions is possible from the source material provided."},"complexity_factors":["Legislation text was not retrievable — only an error page was provided","No substantive provisions could be identified or analysed","Complexity rating is nominal only, based on title inference rather than actual content","Railway access funding regulations in other jurisdictions tend to involve technical financial and administrative mechanisms, which could increase complexity if the text were available"],"plain_english_summary":"This regulation appears to set how the Western Australian Economic Regulation Authority is funded for its rail access functions. It matters to rail network owners, businesses seeking access (like freight operators), and the ERA because it likely determines cost recovery, fees or levies tied to rail access regulation.\n\nThe full text couldn’t be retrieved here; check legislation.wa.gov.au for details."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations do not alter which railways are covered; they set the funding mechanism for ERA activities relating to covered routes by imposing specific and standing charges on railway owners and prescribing payment, interest, recovery, reporting and review procedures (see regs 3–6, 7–11)."},"complexity_factors":["Two charge types with different triggers and calculation methods: specific charges for discrete functions and standing quarterly charges apportioned by owners or days (regs 5, 6(2)–(3)).","Interest on late payments set at BBSW + 5 percentage points, with Authority fallback if BBSW unavailable (reg 3(1) definition of prescribed rate; regs 5(8), 7(3)).","Authority discretion to extend payment deadlines in particular cases (reg 9) and to determine certain rates if indices unavailable (reg 3(1)).","Procedures for assessment, itemised accounts and explanations on request impose record and disclosure obligations (regs 5(3),(7); 7(1),(4)).","Enforcement route as a debt with a prima facie evidentiary certificate simplifies recovery but concentrates evidentiary weight in Authority-issued certificates (reg 8).","Cross-references and reliance on terms and functions in the Railways (Access) Act and the Code create operational interdependence with other instruments (regs 3(3), 4, 5(1)).","Reporting and scheduled reviews require ongoing administrative processes and periodic reassessment of the funding method (regs 10–11)."],"plain_english_summary":"These regulations require railway owners of “covered routes” to pay the Economic Regulation Authority (ERA) for costs the ERA incurs performing functions under the Railways (Access) Act and Railways (Access) Code. The ERA may levy specific charges for discrete tasks (for example arbitration or price assessments) and quarterly standing charges to recover core function costs, issues notices, charges interest on late payments, and can recover unpaid amounts in court (regs 3–9). Railway owners pay; the ERA assesses amounts, may extend time, and must report and review the funding method (regs 7, 9–11)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope as a cost-recovery mechanism for railway access regulation. The 2023 amendment (visible in the compilation table) deleted item (a) from regulation 5(1), removing a specific function from the specific charges list, but this represents a narrowing rather than expansion of scope. The fundamental purpose—funding the ERA's railway access functions through industry levies—remains unchanged from the 2019 commencement."},"complexity_factors":["Mathematical formulas for calculating standing charges (regulation 6) with conditional logic based on whether owners held routes for full or partial quarters","Cross-referencing to external instruments: the Railways (Access) Code 2000 and the Railways (Access) Act 1998 (numerous references throughout, particularly in regulation 5(1))","Defined terms section with 9 defined terms, some incorporating external legislative references (e.g., 'Code', 'core function costs')","Nested conditional logic for calculating interest rates (prescribed rate definition in regulation 3(1)) with fallback provisions if primary rate unavailable","Evidentiary certificate provisions creating statutory presumptions (regulation 8(2)-(3))","Temporal calculations involving 'quarters' and 'allowed periods' with extension mechanisms (regulation 9)"],"plain_english_summary":"These regulations set up a **user-pays funding system** for Western Australia's railway regulator, the Economic Regulation Authority (ERA).\n\n**What it does:**\nThe ERA oversees how private companies can access railway tracks owned by others (called \"third-party access\"). This work costs money—staff time, consultants, legal advice, etc. These regulations create two ways the ERA recovers those costs from **railway owners** (the companies that own the train tracks):\n\n1.  **Specific charges** — Fees for specific tasks the ERA performs for a particular railway owner, such as:\n    *   Helping negotiate access prices\n    *   Appointing arbitrators to resolve disputes\n    *   Reviewing pricing guidelines and asset valuations\n    *   The fee equals the actual cost the ERA incurred doing that specific work.\n\n2.  **Standing charges** — Quarterly fees that all railway owners pay to cover the ERA's general \"core function costs\" (ongoing regulatory work that can't be tied to a specific task). These are split equally among all railway owners, adjusted if someone only owned tracks for part of the quarter.\n\n**Who it affects:**\n*   **Railway owners** operating on \"covered routes\" (routes regulated under the Railways Access Code).\n*   Currently, this primarily affects **Arc Infrastructure** (formerly Brookfield Rail), which owns most of WA's freight rail network.\n\n**Why it matters:**\nWithout these regulations, taxpayers would fund the ERA's rail regulatory work. Instead, the **industry pays for its own regulation**. This aligns with the principle that those who benefit from the regulatory framework should bear its costs. The regulations also include:\n*   **Interest penalties** (at a commercial rate + 5%) for late payment\n*   **Debt recovery powers** allowing the ERA to sue for unpaid fees\n*   **Transparency requirements** — the ERA must provide itemised accounts and explain cost calculations when asked\n*   **10-yearly reviews** to ensure the funding method remains fair"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/economic-regulation-authority-railways-access-funding-regulations-2019","history":"/api/acts/economic-regulation-authority-railways-access-funding-regulations-2019/history","analysis":"/api/acts/economic-regulation-authority-railways-access-funding-regulations-2019/analysis","conflicts":"/api/acts/economic-regulation-authority-railways-access-funding-regulations-2019/conflicts","importantCases":"/api/acts/economic-regulation-authority-railways-access-funding-regulations-2019/important-cases","documents":"/api/acts/economic-regulation-authority-railways-access-funding-regulations-2019/documents"}}