Appendix 1: Declaration matters Application Applicant Service Council Minister’s Review Ultimate outcome date recommendation decision 27-Sep-2011 Board of Airline Caltex jet fuel pipeline Not to declare Not to declare None Not declared Representatives of services at Sydney Australia Inc Airport 27-Sep-2011 Board of Airline JUHI services at Sydney Not to declare Not to declare None Not declared Representatives of Airport Australia Inc 19-May-2010 Pacific National Pty Blackwater coal N/A N/A N/A No decision—application withdrawn Ltd railway facility 19-May-2010 Pacific National Pty Goonyella coal railway N/A N/A N/A No decision—application withdrawn Ltd facility 19-May-2010 Pacific National Pty Moura coal railway N/A N/A N/A No decision—application withdrawn Ltd facility 19-May-2010 Pacific National Pty Newlands coal railway N/A N/A N/A No decision—application withdrawn Ltd facility 22-Mar-2010 North Queensland Herbert River district Deemed decision None Not declared Bio-Energy cane tram network not to declare Corporation Ltd (September 2010) 18-Jan-08 Robe Railway track Treasurer’s decision varied by Tribunal: Pending access service (owned period limited to 10 years from 19 and operated by Rio November 2008. Tinto Ltd) Tribunal’s decision judicially reviewed in Federal Court. The Court dismissed Fortescue’s appeal seeking reinstatement of the 20-year period and granted Rio Tinto’s appeal seeking overturning of the declaration. Appeal to High Court by Fortescue heard 8 March 2012. Judgment 16 September 2012 quashed Tribunal decision and remitted for determination according to law.
Appendix 1: Declaration matters Application date Applicant Service Council recommendation Minister’s decision Review Ultimate outcome 27-Sep-2011 Board of Airline Representatives of Australia Inc Caltex jet fuel pipeline services at Sydney Airport Not to declare Not to declare None Not declared 27-Sep-2011 Board of Airline Representatives of Australia Inc JUHI services at Sydney Airport Not to declare Not to declare None Not declared 19-May-2010 Pacific National Pty Ltd Blackwater coal railway facility N/A N/A N/A No decision—application withdrawn 19-May-2010 Pacific National Pty Ltd Goonyella coal railway facility N/A N/A N/A No decision—application withdrawn 19-May-2010 Pacific National Pty Ltd Moura coal railway facility N/A N/A N/A No decision—application withdrawn 19-May-2010 Pacific National Pty Ltd Newlands coal railway facility N/A N/A N/A No decision—application withdrawn 22-Mar-2010 North Queensland Bio-Energy Corporation Ltd Herbert River district cane tram network Deemed decision not to declare (September 2010) None Not declared 18-Jan-08 Robe Railway track access service (owned and operated by Rio Tinto Ltd) Treasurer’s decision varied by Tribunal: period limited to 10 years from 19 November 2008. Tribunal’s decision judicially reviewed in Federal Court. The Court dismissed Fortescue’s appeal seeking reinstatement of the 20-year period and granted Rio Tinto’s appeal seeking overturning of the declaration. Appeal to High Court by Fortescue heard March 2012. Judgment 16 September 2012 quashed Tribunal decision and remitted for determination according to law. Pending 8
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