Agreements (Non Coal)

Non Coal Access Rights

In accordance with Section 3.14(b)(ii) of ARTC’s HVAU , for an Applicant for Non-Coal Access Rights, ARTC will offer a choice of:

  1. “Subject to the Applicant satisfying those relevant prudential requirements in section 3.4(e) of the undertaking, an Access Agreement on the terms and conditions contained in the Indicative Interstate Access Agreement┬ábut amended to:
    1. define the network covered by the Access Agreement as the Network subject to the undertaking;
    2. incorporate those provisions identified as Tier 1 (mandatory) Non Coal Provisions in Schedule A:2 of the undertaking;
    3. delete the section relating to extensions and additional capacity (being clause 4.7 of the undertaking as at the Commencement Date) to the extent it relates to the Network;
    4. any other amendments reasonably considered necessary to take into account the particular circumstances of the Hunter Valley and to be consistent with the terms of the undertaking,

    but to avoid doubt the Access Rights sought by the Applicant will not be considered an indicative service for the purposes of the Indicative Interstate Access Agreement and those terms and conditions applicable to an indicative service in the Indicative Interstate Access Agreement will not apply.

  2. An updated Access Agreement to reflect agreed amendments to the terms and conditions of the Indicative Interstate Access Agreement. A negotiated Access Agreement will incorporate those provisions identified as Tier 1 (mandatory) Non-Coal provisions in Schedule A:2 of the undertaking and will, unless otherwise agreed between ARTC and the Applicant, at least address those provisions identified in Schedule A:2 of the undertaking as Tier 2 (negotiable) Non-Coal provisions.
  3. The current available market terms and conditions in the form of an Access Agreement for Non-Coal Access Rights which had been negotiated and agreed by ARTC and an Access Holder in accordance with section 3.14(b)(ii)(B) of the undertaking and as published on ARTC’s website, as applicable.”

Go to top