Take or pay DAAU

Past review
Final report

Queensland Rail discovered an error in the take-or-pay provisions in its 2008 undertaking. In July 2011, it submitted a DAAU to correct the formula for calculating take-or-pay.

On 27 October 2011, we approved the DAAU. Accordingly, the western system take or pay rules in QRail’s 2008 access undertaking are now those amended by QRail’s DAAU of 5 October 2011.

Copies of the QCA’s decision, the DAAU, the addendum, and the stakeholder submissions, can be downloaded below.

On 20 July 2011, QRail submitted a draft amending access undertaking (DAAU) for the purpose of amending the take-or-pay terms in its 2008 undertaking. The QCA issued QRail with a notice of investigation and sought submissions from stakeholders.

We received one submission, from the Queensland Resources Council (QRC), which requested that the DAAU be amended to specify that QRail will act ‘reasonably’ when determining the payload of a loaded train service.

On 5 October 2011, QRail submitted an addendum addressing the QRC’s concerns. The QCA published the addendum and received one submission (QRC).

The relevant documents can be downloaded below.