38MIncrease in maximum prices at request of access provider

38M Increase in maximum prices at request of access provider

(1) This section applies if an access provider—

(a) reopens or proposes to reopen a part of rail infrastructure owned or operated by the provider in order to provide declared rail transport services by means of that infrastructure; or

(b) makes or proposes to make improvements to rail infrastructure by means of which the provider provides declared rail transport services.

(2) The access provider may apply to the Minister for the specification of new maximum prices to apply to the provision of those declared rail transport services.

(3) An application must—

(a) describe the rail infrastructure by means of which the access provider will provide the declared rail transport services, and the declared rail transport services; and

(b) include the access provider's reasons for the specification of new maximum prices for the provision of the declared rail transport services.

(4) On receiving an application, the Minister, by notice published in the Government Gazette, may specify new maximum prices that will apply to the provision of the declared rail transport services set out in the application.

(5) For the purpose of specifying new maximum prices under subsection (4), the Minister must have regard to—

(a) the costs of maintaining the relevant rail infrastructure; and

(b) the opportunity for an access provider to recover any capital investment in the relevant rail infrastructure; and

(c) the costs incurred by an access provider in providing the declared rail transport services; and

(d) the railway track standards specified in the applicable Statement of Freight Network Capability; and

(e) the Government's rail freight policies and programs.

(6) Maximum prices specified under subsection (4)—

(a) supersede any maximum prices specified under section 38J or 38K; and

S. 38M(6)(b) amended by No. 19/2022 s. 79.

(b) may be superseded by maximum prices specified under section 38K or under subsection (4).

Subdivision 3—Public consultation requirements

S. 38N substituted by No. 68/2017 s. 88.