In early November 2001, WestNet Rail, being the railway infrastructure owner, advised the Acting Rail Access Regulator that an access proposal had been received which, in their opinion, involved provision of access to the Kalgoorlie to Esperance railway line to an extent which may preclude other entities from access to that infrastructure.
The access proposal in question was made by Portman Iron Ore Ltd (PIOL). It involved train operations to carry 5.5 million tonnes per annum of iron ore from Koolyanobbing, located approximately 200 km west of Kalgoorlie, on the main interstate network to the Port of Esperance.
Under Section 10(1)(b) of the Railways (Access) Code, the Regulator’s approval is required before negotiations can be entered into on a proposal where “the railway owner considers that it would involve the provision of access to railway infrastructure to an extent that may in effect preclude other entities from access to that infrastructure”.