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Brookfield Rail (formerly WestNet Rail) - Compliance Arrangements

In early 2009, the Economic Regulation Authority (ERA) completed a review of the compliance monitoring regimes for the Public Transport Authority and WestNet Rail.

While the ERA may look at the operational performance of a railway owner’s railway network in the course of performing its functions under the Railways Access Act 1998 (Act) and the Railways (Access) Code 2000 (Code), the Code does not provide the ERA with an explicit function to monitor the operational performance of the network.

Subsequent to the review, the ERA has implemented a new compliance monitoring regime for the Public Transport Authority and WestNet Rail to apply from 1 July 2009.

In relation to The Pilbara Infrastructure Pty Ltd, the ERA sent a letter to The Pilbara Infrastructure on 19 October 2009 outlining the requirements for its compliance monitoring regime.

The Economic Regulation Authority (ERA) sent a letter to WestNet Rail on 19 March 2009 outlining changes to its compliance monitoring regime to apply from 1 July 2009.

Public consultation was undertaken on the proposed revisions to Part 5 Instruments to reflect proposed changes in compliance monitoring regime, with a Notice and WestNet Rail’s proposed revised Part 5 Instruments published on 30 April 2009 seeking public comment. No submissions were received during the public consultation period.

The ERA approved the changes to WestNet Rail’s Train Management Guidelines, Train Path Policy, Costing Principles and Over-Payment Rules on 2 June 2009.

WestNet Rail changed its name to Brookfield Rail in August 2011.  Brookfield Rail will resubmit their Part 5 instruments to reflect this name change.

Audits conducted under the previous compliance monitoring regime are as follows: