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Queensland Supreme Court dismisses Aurizon’s challenge to draft coal rail network decision

Published by
World Coal,


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.

This outcome is very important for all Queenslanders, who are set to receive more than AUS$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.

Background

Aurizon Network commenced the judicial review application on 30 April 2018, stating that: “Aurizon Network has today applied to the Supreme Court of Queensland for the Judicial Review of the QCA’s 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 QCA did not afford procedural fairness to Aurizon Network due to Professor Green’s conflict of interest and the apprehension of bias.”

On 26 July 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.

Read the article online at: https://www.worldcoal.com/handling/31102018/queensland-supreme-court-dismisses-aurizons-challenge-to-draft-coal-rail-network-decision/

 

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