Australian mining company Fortescue Metals Group (Fortescue) has announced that Australia's Federal Treasurer Wayne Swan has accepted a recommendation from the country's National Competition Council (NCC) to declare the Robe River, Hamersley and Goldsworthy rail lines open for third party access under Part IIIA of the Trade Practices Act.
Fortescue Metals Group's subsidiary The Pilbara Infrastructure (TPI) had lodged an application in November 2007 with the NCC seeking third party access to the Hamersley rail line, and a further application in January 2008 for third party access to the Robe River and Goldsworthy lines.
As previously reported by SteelOrbis, on September 23 Australian mining giant BHP Billiton, despite all its efforts, lost its appeal in the country's highest court against the High Court ruling which favored the sharing of railway networks with rivals, such as fellow miner Fortescue Metals Group Ltd, and described the decision as "disappointing". Meanwhile, the decision was welcomed by Fortescue, which defined it as a "victory".
Commenting on the Federal Treasurer's decision on the issue, Fortescue Executive Director Operations Graeme Rowley said, "We are now looking forward to negotiating commercial access terms with Rio Tinto and BHP Billiton rather than wasting more money on costly legal appeals."
On the other hand, BHP Billiton has again expressed its frustration by the decision and announced its entitlement to seek a reconsideration of the Treasurer's decision by the Australian Competition Tribunal.