The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 between the State Government and The Pilbara Infrastructure (TPI) (a subsidiary of Fortescue Metals Group Ltd (FMG)) relates to the development of a multiuser railway and multi-user port facility in the Pilbara. Part 3 of the TPI Agreement Act, which amends the Act and the Code to include TPI’s railway (from the Cloud Break iron ore mine to Port Hedland) in the WA rail access regime, came into force on 1 July 2008.
The ERA is required to determine the WACC for TPI’s railway as at 30 June 2009. While not required under the Code the ERA undertook a public consultation process to determine the WACC for this railway.