17 The track between Picton Junction and Bunbury Terminal.
The track between Pinjarra and Alumina Junction.
The track between Alumina Junction and Pinjarra South.
The track between Brunswick Junction and Premier.
The track between Brunswick North and Brunswick East.
The track between Worsley and Hamilton including Worsley East to Worsley North.
The track between Avon and Albany.
The track between York and Quairading.
The track between Narrogin and West Merredin.
The track between Yilliminning and Kulin.
The track between Wagin and Newdegate including Wagin East to Wagin South.
The track between Lake Grace and Hyden.
The track between Katanning and Nyabing.
The track between Katanning East and Katanning South.
The track between Tambellup and Gnowangerup.
The track between West Merredin and Kondinin.
The track between West Merredin and Trayning.
The track between Avon Yard and McLevie.
The track between Goomalling and Mukinbudin.
The track between Amery and Kalannie.
The track between Burakin and Beacon.
The track between Millendon Junction and Geraldton.
The track between Dongara and Eneabba South.
The track between Narngulu and Maya.
The track between Toodyay West and Miling.
All tracks servicing the facilities of Co‑operative Bulk Handling Limited on the narrow gauge network except private sidings that are excluded by paragraph (h) of the definition of railway infrastructure in section 3.
All spur line tracks servicing customer facilities on the narrow gauge network except private sidings that are excluded by paragraph (h) of the definition of railway infrastructure in section 3.
Dual Gauge Routes
The track between Midland and Avon.
The track between Midland and Kwinana and the western leg of the Woodbridge Triangle from Signal 94 to Woodbridge South.
The track between Cockburn North and Cockburn East.
The track between Cockburn North and Cockburn South.
All spur line tracks servicing customer facilities on the dual gauge network except private sidings that are excluded by paragraph (h) of the definition of railway infrastructure in section 3.
Urban Network
The narrow gauge double tracks between Perth and —
(a) Clarkson; and
(b) Fremantle; and
(c) Armadale; and
(d) Midland; and
(e) Mandurah.
50A. The narrow gauge single track between Beckenham Junction and Thornlie.
The dual gauge track between Robb Jetty and Leighton and the spur line between Leighton and North Fremantle.
The narrow gauge mainline track between Armadale and Mundijong Junction.
TPI Railway and Port Agreement Route
All tracks that are part of the railway constructed pursuant to the TPI Railway and Port Agreement.
[Schedule 1 inserted: Gazette 23 Jul 2004 p. 2993‑5; amended: Gazette 23 Jun 2009 p. 2416; Act No. 77 of 2004 s. 13.]
[Schedule 1, modifications have effect under the Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 s. 13. See note 1M.]
Schedule 2 — Information to be made available
[s. 6]
[Heading inserted: Gazette 23 Jun 2009 p. 2417.]
Terms used
In this Schedule —
gross tonne kilometres of freight, of a train, means the weight of the freight carried on the train multiplied by the distance travelled by the train in kilometres.
Information
A map showing a geographical description of the railways network.
A map of the routes listed in Schedule 1 showing the configuration of the tracks on each route.
For each route section, details of the following —
(a) the track diagrams and type of track;
(b) the length;
(c) the curves and gradients;
(d) the operating gauge;
(e) the location and length of passing loops;
(f) the track and formation characteristics;
(g) the running times of existing trains;
(h) the maximum axle loads and maximum train speeds;
(i) the permanent speed restrictions;
(j) the rolling stock dimension limits;
(k) the indicative maximum train lengths;
(l) subject to any exemption under section 7B, the total gross tonne kilometres of freight of all trains operated during a period provided for by section 7D;
[(m) deleted]
(n) the communication systems;
(o) the available capacity;
(p) the infrastructure capacity;
(q) the underlying assumptions used by the railway owner to calculate available capacity and infrastructure capacity.
The train control systems operating on the network.
A summary of improvements and capital works proposed to be carried out during a period provided for by section 7E.
For each route section, and for each month, details of the following —
(a) the minimum, maximum and average run time for each category of axle load;
(b) the number of trains delayed on entry to or exit from the network, the average length of delays, and the number of delays caused by each of the following —
(i) an access holder;
(ii) the railway owner;
(iii) a third party;
(c) the number of trains cancelled, and the number of cancellations caused by each of the following —
(i) an access holder;
(ii) the railway owner;
(iii) a third party;
(d) the number of days during which a temporary speed restriction applied;
(e) the criteria used by the railway owner to determine whether a temporary speed restriction applied;
(f) the average duration of all temporary speed restrictions;
(g) the average distance of track to which each temporary speed restriction applied.
[Schedule 2 inserted: Gazette 23 Jun 2009 p. 2417‑18; amended: SL 2023/207 s. 66.]
Schedule 2A — Matters to be set out in a proposal
[s. 8]
[Heading inserted: SL 2023/207 s. 52.]
Access seeker’s details
The access seeker’s name and contact details.
Details of the access sought
The route in respect of which access is sought, including each route section or part of a route section.
The railway infrastructure in respect of which access is sought, including any loading or unloading facilities.
The period for which access is sought.
Whether the access is sought for new or existing rail operations.
Details of the proposed rail operations
The commencement date of the proposed rail operations.
The origin and destination of the proposed rail operations.
The proposed method of transporting freight (for example, louvered wagons or bulk wagons).
If any product proposed to be transported will require separation from other trains, the separation requirements.
The forecast net tonnes of product to be transported per annum for each year of access.
The proposed travel speed.
The proposed sectional run times.
Any stabling requirements.
The points on the route that will be used for provisioning and, if required, stabling.
The proposed time for provisioning, loading, unloading and, if required, stabling.
Timetabling requirements
The timetabling requirements of the proposed rail operations, including —
(a) the required frequency, including weekly requirements, seasonal variations and any trends over the proposed term of access; and
(b) preferred days of operation and preferred departure and arrival times; and
(c) any requirements for shunting or dwell times.
Rolling stock details
Details of the rolling stock to be operated as part of the proposed rail operations, including —
(a) the number of locomotives and wagons per consist; and
(b) total train length.
Breach of existing or previous agreement
Whichever of the following applies —
(a) if the access seeker or a related body corporate of the access seeker has, at any time during the period of 2 years before the day on which the access seeker makes the proposal, been in breach of a fundamental term of an access agreement or an agreement for access made otherwise than under this Code (a relevant breach) — details of each relevant breach; or
(b) if paragraph (a) does not apply — confirmation that paragraph (a) does not apply in respect of the proposal.
[Schedule 2A inserted: SL 2023/207 s. 52.]
Schedule 2B — Matters to be demonstrated in a proposal
[s. 8]
[Heading inserted: SL 2023/207 s. 52.]
Ability to use access rights
That the access seeker is actively seeking the following —
(a) other supply chain rights (for example, port access) required to facilitate the proposed rail operations;
(b) if required, a rail haulage agreement for the proposed rail operations during the proposed term of access;
(c) access to facilities (including rolling stock, provisioning facilities, maintenance facilities and storage facilities) required to carry on the proposed rail operations.
Financial and managerial ability
That the access seeker is solvent (as defined in section 95A(1) of the Corporations Act 2001 (Commonwealth)).
That, having regard to the access seeker’s ownership structure, the access seeker has the ability to access the financial resources required to meet the access seeker’s potential liabilities under an access agreement for the proposed access, including without limitation the payment of —
(a) prices and charges for access; and
(b) insurance premiums and deductibles under any required policies of insurance.