Railways (Access) Act 1998

Railways (Access) Amendment Code 2026

 

 

Railways (Access) Amendment Code 2026

Contents

1.Citation1

2.Commencement1

3.Code amended1

4.Section 3 amended1

5.Section 3A amended1

6.Section 7D amended2

7.Section 8A amended2

8.Section 9 amended3

9.Section 33 amended3

10.Schedule 2 amended5

 

Railways (Access) Act 1998

Railways (Access) Amendment Code 2026

Made by the Minister.

1.Citation

This Code is the Railways (Access) Amendment Code 2026.

2.Commencement

This Code comes into operation as follows —

(a)sections 1 and 2 — on the day on which this Code is published on the WA legislation website;

(b)the rest of the Code — on the day after that day.

3.Code amended

This Code amends the Railways (Access) Code 2000.

4.Section 3 amended

In section 3 in the definition of existing access agreement delete “8A(1);” and insert:

 

8A(3)(a);

 

5.Section 3A amended

(1)After section 3A(2) insert:

 

(2A)If an interim access proposal is made to a railway owner, and subsection (2) does not apply, the relevant day in relation to the interim access proposal is the day on which the interim access proposal is received.

 

(2)In section 3A(3) after “proposal” (1st occurrence) insert:

 

(other than an interim access proposal)

 

6.Section 7D amended

In section 7D(1):

(a)delete “Railways (Access) Amendment Code 2023 section 66” and insert:

 

Railways (Access) Amendment Code 2026 section 10(2)

 

(b)delete “Railways (Access) Amendment Code 2023 Part 3” and insert:

 

Railways (Access) Amendment Code 2026 section 10

 

Note: The heading to amended section 7D is to read:

Particular provision for information as to gross tonne kilometres

7.Section 8A amended

(1)In section 8A(1) delete the definition of existing access agreement.

(2)In section 8A(2) delete “(b), 9B to 9D, and 9(1)(b)(i), (ii) and (iv)” and insert:

 

(b) and (4), 9B to 9D, 9(1)(b) and 10 to 11

 

(3)In section 8A(3)(a) delete “existing access agreement; and” and insert:

 

agreement (the existing access agreement) that is —

(i)an access agreement (including an interim access agreement); or

(ii)an agreement for access made otherwise than under this Code;

and

 

8.Section 9 amended

(1)After section 9(1) insert:

 

(1A)If the proposal is an interim access proposal, the railway owner must give the access seeker a draft access agreement not later than 5 business days after the relevant day in relation to the proposal.

 

(2)In section 9(2) delete “The” and insert:

 

If the proposal is not an interim access proposal, the

 

9.Section 33 amended

Delete section 33(5) and insert:

 

(5)Despite subsection (2), if the proposal to which the dispute relates is an interim access proposal —

(a)the determination must not require the railway owner to allow the other party to use railway infrastructure unless the arbitrator is satisfied that the other party genuinely intends to enter into, as soon as practicable, a long-term access agreement —

(i)in respect of a route that is the same as, or includes, some or all of the route to which access is sought under the interim access proposal; and

(ii)for access for the purpose of carrying on rail operations that are the same as, or include, some or all of the proposed rail operations set out in the interim access proposal;

and

(b)except as required or permitted under Schedule 4 clause 12A, the terms and conditions (if any) specified in the determination under subsection (3)(c) must be materially the same as the terms and conditions on which the other party may use the railway infrastructure under the existing access agreement referred to in section 8A(3)(a) in relation to the interim access proposal; and

(c)the determination must not require the railway owner to allow the other party to use railway infrastructure for a period of more than 12 months.

(6)In subsection (5)(a) —

long-term access agreement means an access agreement that relates to a proposal that is not an interim access proposal.

 

10.Schedule 2 amended

(1)Delete Schedule 2 item 1 and insert:

 

1.In this Schedule —

gross tonnage, of a train, means the total weight of the rolling stock of the train and the freight carried by the train;

gross tonne kilometres, of a train, means the gross tonnage of the train multiplied by the distance travelled by the train in kilometres.

 

(2)In Schedule 2 item 4(l) delete “of freight”.

Note: The heading to section 7B is to read:

Regulator may grant exemption for information about gross tonne kilometres

R. SAFFIOTI, Treasurer

© State of Western Australia 2026.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2026.

By Authority: ANDREW JONES, Government Printer