CHAPTER 5

REPORT ON THE BREW REPORT AND ON THE CONTINUING ROLE OF THE COMMONWEALTH IN THE AUSTRALIAN RAIL INDUSTRY

CHAPTER 5

ISUES CONSIDERED DURING THE INQUIRY

Introduction

5.1 The Committee examined a number of matters during the inquiry.

5.2 Not all of the matters raised in the Brew report were subject of detailed submission or comment. The Committee has accordingly concentrated in its report on matters that are of particular concern.

The Government's November 1996 rail proposals

Introduction

5.3 On 24 November 1996 the Government announced a number of proposed changes to that part of the Australian rail network and industry under Commonwealth control: the business of AN, its shareholding in NR, and ownership of the major part of the interstate standard-gauge infrastructure and network. [1]

5.4 The November 1996 rail proposals followed government consideration of the Brew Report, and consultation with a Committee of MPs, Senators and Ministers (known as the Rail Reform Committee) established by the Government in August 1996 to examine the Government's current involvement in the rail industry (it was stated in the Government's media release that the Rail Reform Committee had consulted with `a wide range of people involved in the rail industry, including private sector organisations, the trade unions, AN employees, merchant bankers and potential buyers in considering recommendations .... [2]

5.5 The general approach taken in the November 1996 rail proposals is initially to offer for sale basic AN assets. The sale process will be by way of invitation to having a scoping study (now completed) [3] and for offers to buy finalised toward the end of the 1996-7 financial year.

5.6 In announcing the process by which AN assets are to be sold, the Minister for Transport and Regional Development announced in the 6 March Media Statement that

5.7 The Minister also announced that

5.8 Both the South Australian and Tasmanian Governments nominated clearly preferred positions on sale or disposal of the AN assets in their States and the Committee is aware that legislation will need to be passed by the Parliament of both States to complete the sale. [6]

5.9 The South Australian Government noted general support for the Government's sale of AN assets. Under its submission on `Sale Processes Being Conducted by the Commonwealth' it noted several reservations

5.10 In advice to the Committee, the Tasmanian Minister for Transport, Mr Cleary noted that, in relation to the sale of AN Tasmanian assets, the State's position is as follows

5.11 The Committee notes that the Tasmanian Government was positive towards the proposed sale of Tasrail, as Mr Cleary further indicated that "...I am optimistic that in fact not only are we going to see the Tasmanian rail service maintained but we are going to see it grow..." [9]

5.12 The Committee was also made aware in evidence that the range of matters which require further discussion between the Commonwealth and the Tasmanian Government may include the need to ensure proper provisions in title to right of way to privatised lines.

Sale of Current AN Businesses

5.13 AN assets and businesses can be dealt with in four major elements

Interstate passenger services

Brew Recommendation

5.14 The Brew proposal for passenger services is that

The proposal for a passenger service with an exclusive operating franchise for 5-7 year was also canvassed. [11]

November 1996 rail proposals

5.15 The Government's current announced proposal is to sell or franchise the major AN passenger services, the Indian Pacific and the Ghan trains. [12] The Commonwealth Department of Transport and Regional Development submission said that any sale or franchise of the services to private operators would depend on the outcome of the scoping study.Submissions to the Committee regarding the possible saleability of the AN passenger services have all drawn on the concept of the Indian Pacific and the Ghan as `tourist outback experience' type of travel and the basic inconsistency between this type of service, and regular passenger services.The Committee has not had the opportunity to examine alternative means of integrating passenger rail services with other forms of travel (excluding air travel). It has instead focussed on the views of current users and those with some experience in the current operation of the services.Evidence to the Committee from AN made it clear that the option of running the Indian Pacific and the Ghan trains as tourist trains has been subject of some active consideration.In an exchange with Senator Collins, the Chairman of AN, Mr Smorgon confirmed advice in the AN submission

5.22 In its submission, Rail 2000 noted that

5.23 Rail 2000 also observed that proposals for the Indian Pacific and the Ghan ignored the need of train users who used rail travel as a reasonably priced and comfortable alternative to bus transport.

5.24 Ken Baxter of KPMG told the Committee that operation of Indian Pacific and the Ghan as tourist services was a difficult concept to see in actual operation. In speaking about a luxury tourist train venture - such as the Orient Express, Mr Baxter suggested success of such services depend on a number of factors

5.25 In discussions on the future of the Commonwealth in passenger services, it became apparent that the cost of concession travel - ie, the discount offered to particular groups of travellers - was a barrier to the profitability of the Indian Pacific and the Ghan.In figures provided by AN to the Committee the level of concession fares was put as

5.27 The Committee sees the continuation of services provided by the Indian Pacific, the Ghan and the Overland passenger services as being a matter of critical importance, both to retain the trains as identifiable 'icon' trains which offer a unique view of Australia and as continuing passenger train services. (Refer to the Government Senators' alternative position appearing at the end of the report).

5.28 In evidence given in Broken Hill, concern of the local community at the possible loss of the service provided to the city by the Indian Pacific was explained by the Mayor, Councillor Black

5.29 Councillor Black described Broken Hill's reliance on the Indian Pacific this way

5.30 In addition, the availability of a train service to such an isolated city as Broken Hill provided a valuable form of travel alternative to air and bus. [20]

5.31 Any dramatic change to the Indian Pacific service would affect the use of the Indian Pacific by citizens of Broken Hill for non-tourist travel. Of particular significance in this regard is the fact that approximately 5000 passenger trips p.a. in each direction of travel - approximately one-third of total trips in both directions - on the Indian Pacific are by travellers from or to Broken Hill. [21]

5.32 Nevertheless, the Committee is interested in a better and clearer picture of how AN passenger services will be disposed of. For the Committee to gain such a picture, and to enable it to make a sensible recommendation on it, the Committee and the Parliament will need - at least - to know what reaction there has been to the invitation to bid for AN assets.

5.33 In relation to the current AN passenger services, the DTRD told the Committee

5.34 In this regard, Mr Smorgon told the Committee that AN had considered altering the route of the Indian Pacific to increase the attractiveness of the service and its likely passenger load. For example,

5.35 The Committee asked AN for advice on the profitability of its passenger services. AN advised that

5.36 The Committee pressed this matter with AN and was in turn advised that AN had sought approval from the Ministers for Finance and for Transport and Regional Development for the release of more detailed information to the Committee. [26]

5.37 The use by Broken Hill citizens - and others - of the Indian Pacific as a principal means of transport makes future provision of passenger services essential. (Refer to the Government Senators' alternative position appearing at the end of the report).

5.38 Any franchisee or buyer of the Indian Pacific must, during the current AN sale and disposal process, be made aware of the requirement to provide a continuing integrated passenger service through the Indian Pacific. The Committee considers that further reduction in the service provided by the Indian Pacific and the Ghan will in its view inevitably result in abandonment of the service on the AN-based network. (Refer to the Government Senators' alternative position appearing at the end of the report).

AN Workshops, locomotives and rail fleet (ie, rolling stock)

5.39 Under the Government's November 1996 rail proposals, the current assets of AN which fall into these categories are to be offered for sale or disposal.

AN Workshops

Brew Report

5.40 The Brew Report proposed that the rationalisation of workshops in Port Augusta and Islington in Adelaide is essential. [27] The Brew recommendation is for these workshops to be closed and transferred to the South Australian Government to facilitate private sector involvement.

5.41 The history of the handling and management of the AN workshops at Islington, Adelaide and at Port Augusta has been one of unsatisfactory management planning and decisions.

5.42 As the Brew Report stressed, the effect has been to leave the Port Augusta workshops with inadequate equipment, an inadequate volume of current work, and limited future for rail-related work

5.43 The views of the major contributors to the inquiry have confirmed the rundown of the AN facilities in South Australia. The submission from the ACTU Rail Unions maintained that the AN workshops are

5.44 Rail 2000 noted that

5.45 Mr Brew was blunt in his evidence to the Committee

5.46 The SA Government did not accept the Brew analysis.

5.47 This view on the Brew Report was not reinforced in evidence taken in Port Augusta, and in Adelaide. The Committee was told that prospects for the Port Augusta workshops were not at all optimistic (leaving aside the question of a presence for AN in the town). [32]

5.48 The exception to these views on the future of the Port Augusta workshops -came from the Port Augusta Council, which told the Committee it favoured privatisation as proposed by the Brew Report and envisaged by the Government. [33]

5.49 The views of local government, development groups and unions in the Port Augusta was that the ability of the workshop to attract buyers would be affected by the history of poor management decisions and strategies, coupled with an `outpost' view of the Port Augusta facilities once the headquarters of the AN had moved to Adelaide.

5.50 Representatives of the Rail Unions in Port Augusta highlighted to the Committee the problem for railway workers made redundant from AN

5.51 The possibility that the Port Augusta and Islington workshops would be able to maintain a work program which kept them viable was raised by several of the witnesses at the Committee's Port Augusta hearing. All stressed such work would be in areas other than the railway fabrication and maintenance for which the workshops were designed and the workforce trained.

5.52 The Committee can see, on the basis of the evidence it heard in Port Augusta, that the future of the AN workshops in South Australia will depend to a large degree on the future workload and work distribution by NR and other operators, if and when sale of AN assets proceeds.

5.53 However, the Committee felt it was regrettable that the management of AN had essentially removed the decision-making process from the Port Augusta facilities to Adelaide. The Committee was impressed by the AN Port Augusta workforce, the standard of the facilities and the high level of commitment and dedication of the AN workforce in Port Augusta. It believes that there is a major continuing role for those facilities in rail, as well as other opportunities to diversify into other industries. (Refer to the Government Senators' alternative position appearing at the end of the report).

5.54 NR told the Committee that it will not be using the AN workshop facilities (perhaps apart from Dry Creek)

5.55 The Dry Creek Motive Power Center, the newest AN facility in South Australia, would, according to Mr Brew have a future in limited circumstances

5.56 In addition, the proposal that purpose-built railway workshops can take on work in other areas is not promising.

AN Rail fleet

Brew Report Recommendation

5.57 The Brew Report recommended

5.58 The recommendation of the Brew report was that the locomotives and rolling stock currently owned as AN assets was to

5.59 Rail 2000 noted that , in its view, the locomotives were being transferred to AN as part of an attempt to boost the chances of finding a buyer for Dry Creek, rather than as a considered decision. In relation to the wagon fleet, Rail 2000 noted that it is unlikely that any buyer would need to have ownership of the wagon fleet, other than specialist rolling stock (such as grain wagons); it is more likely that an operator would prefer a lease arrangement. [40]

5.60 The SA Government has made a general comment on the proposed transfer of assets which reflected its view on the proposed sale of AN assets; that a sale of the assets and maintenance facilities would allow an operator to provide a `hire and maintain' service to operators who were rail industry participants but did not want to invest in either rolling stock (including locomotives) or maintenance facilities. [41]

SA Intrastate Freight

5.61 The Brew Report proposed that the principal lines in AN's South Australian freight business be transferred to the South Australian Government. AN Freight in South Australia has 4 main customers: ETSA (Leigh Creek line), the Australian Wheat and Barley Boards (Eyre Peninsula and mid-North lines), Penrice Soda Products and Boral Gypsum.

5.62 Submissions to the Committee made a number of points to make about this proposal. Apart from some support for the `shortline operator' model suggested by the Brew Report, there were several criticisms of the proposal.

5.63 Rail 2000 noted it was unlikely that the South Australian Government would willingly take over the services, particularly if takeover involved any financial outlay. Equally, Rail 2000 suggested that the South Australian Government would not want to see a buyer/operator of the lines who is unable or unwilling to provide a service to the principal users, it would want a mechanism in place to ensure first right of refusal on thew on the lines. [42]

5.64 This suggestion was supported by the submission from the SA Government, which noted that

5.65 One of the principal users of the AN South Australian network, the SA Farmers' Federation (in conjunction with the Australian Wheat and Barley Boards and SA Bulk Handling Corporation) indicated its preferred option for transfer of the SA regional rail network to the SA State Government

5.66 The SA Farmers Federation also suggested a range of options on ownership of rolling stock aimed at a more flexible system of ownership and allocation of rights to operate services. [45]

5.67 In evidence to the Committee, the representatives of the Federation drew attention to their preferred model of service, which placed the infrastructure in the control of the Federal Government and the service necessary to the continued bulk transport of 60% of the South Australian total grain harvest carried by rail.

TASRAIL

5.68 The Government proposed in the November 1996 rail proposals that the rail network in Tasmania owned and operated by AN be sold. [46]

Brew Report recommendation

5.69 In relation to Tasrail the Brew report recommended that a shortline operator should be sought for all rail activity including the profitable Goliath coal and cement line. In addition, the Brew Report recommended that the Tasrail rail infrastructure should be transferred back to the Tasmanian Government for sale or lease, or alternatively sold or leased by the Commonwealth by which it may recover some of its recurrent debt. [47]

November 1996 Rail Proposal

5.70 The November 1996 rail proposals make specific proposals regarding AN liabilities as they relate to Tasrail, and accumulated liabilities for superannuation.

5.71 In general, submissions to the Committee centred on the continuing existence and viability of the Tasrail network. There was less opposition to a proposed sale than to the sale of Tasrail of the AN South Australian network. [48] The Committee heard evidence in Launceston. The general view put to the Committee centred on the likelihood that a buyer or buyers would wish to buy Tasrail as a going concern.

5.72 The ACTU rail unions indicated strong opposition to the Brew Report and the November 1996 rail proposals for Tasrail, on the basis that

5.73 To the Committee, there is understandable concern that proposals for the sale of Tasrail will result, instead, in closure of existing lines and/or services which would - as a result - lead to higher road traffic loads and resulting cost to local government and the State and elimination of the Tasrail workforce. [50]

5.74 In Tasmania the Emu Bay Railway currently operates as a privately owned and run railway. Evidence to the suggest that it is an efficient and well run business. [51] Views to the Committee differed on whether this indicated that, with an injection of capital, Tasrail could be as efficient, or that it indicated that privatisation of all Tasrail would give a similar performance result to the Emu Bay Railway.

5.75 Mr Maclean, Assistant State Secretary of the Construction, forestry, mining and Energy union (Forestry Division) gave the Committee an interesting picture of how the Emu Bay Railway operates.

In evidence, the Tasmanian Branch of the PTU conceded that it was not necessarily against the change from public to private ownership `...If privatisation can show that we have an operator that is prepared to put in and be aggressive, then I am not necessarily opposed. I am not dead-set opposed...'

5.76 The ACTU Rail unions also pointed out, in their submission and during evidence that the restructure of Tasrail, in common with other parts of AN is currently undergoing a matter ignored by the Brew Report. [53]

5.77 In discussions with the Committee, the Tasmanian State Minister for Transport, Mr Cleary noted the Tasmanian Government supported the proposals made in the Brew Report, and in the subsequent the November 1996 rail proposals.

Financial Assistance Grants Scheme and Tasrail.

5.78 The Committee took evidence from the Tasmanian Minister for Transport that argued that since 1990-1991 the Tasmanian Government had its level of financial assistance reduced through the provision of Commonwealth Grants by some $80.6 million due to the deficit of Tasrail operations. The Tasmanians Governments view on this matter involved not only the issue of equity in relation to such a reduction, but also that this should not be linked to a Commonwealth government business enterprise over which it had no direct control. [54]

5.79 The Commonwealth Grants Commission has considered the future funding implications for State and Territory governments in terms of the AN sale, within the context of financial assistance grants.

5.80 In response to the Tasmanian Government's request to provide supplementary calculations which excluded the Tasrail deficit, the Commission constructed three alternative calculations that demonstrated the likely impact on grant shares for each State and Territory.

5.81 This was part of a broader recognition by the Commission that an adjustment to the treatment of the AN deficit would be required in future grants if the sale proceeded.

Sale of Commonwealth Equity in National Rail Corporation

Brew Report Recommendation

5.82 The Brew Report recommended that the Commonwealth review its shareholding in NR and give consideration to deciding how and/or when to sell its equity in NR. The Brew report also suggested that the private freight forwarding industry or a `big foreign rail operator' may be interested in acquiring this equity and bringing to the company expertise. [55]

The November 1996 rail proposals - NR Equity

5.83 The November 1996 rail proposals announced that the Commonwealth will sell its 72.3 % equity in NR. [56]

5.84 The DTRD told the Committee that the sale of the Commonwealth's equity in NR would follow

5.85 NR told the Committee that the current state of NR's business, its current plans and budgeting, which were the basis for critical comment by Mr Brew were the result of the Shareholders' Agreement and the time it has inevitably taken for NR to achieve a competitive position. [58]

5.86 Several submissions saw the proposed sale as either ill-considered or premature, given that NR has been in existence for a short time, and that early sale of shares under the shareholders' agreement may prove extremely difficult, especially as the other shareholder governments may refuse to cooperate in the process, particularly where questions of confidentiality are involved. [59]

5.87 In addition, several submissions questioned the suggestion that a foreign operator might be interested in NR, given foreign operators, apparent preferences for integrated services (ie, where the owner owns the entire rail asset.) [60]

5.88 The sale the Commonwealth equity in NR will require that the other shareholders in the NR corporate structure agree to potential buyers making a `due diligence' examination of NR financial information. It has been reported that the NSW Government will not, at this time, agree to such access until further information on moneys to be made available for track infrastructure work. [61]

5.89 In its submission, NSW Freightcorp noted that, in selling its equity in NR

5.90 The NR Shareholders' Agreement expires at the end of January 1998. It is the Committee's understanding from NR and from submissions that the NR plans - to the extent that they have been successfully achieved to date - have been made on the basis of a five year `establishment period', without change of ownership structure.

5.91 This extra period would also allow NR to properly plan for its future in the light of the change in operating environment resulting from the effect of the competition reform on the rail industry. [63] Indications to the Committee are that there are potential buyers for the Commonwealth equity in NR. [64]

5.92 The Committee considers that the Government's decision to offer its NR stockholding for sale may be premature. It considers that, given the point NR has reached in the current stage of development, the Commonwealth may consider delaying this initiative until conclusion of the Shareholders' Agreement on 31 January 1998.

Diesel Fuel Excise

5.93 The Committee received several views on ways of creating a viable railway system in Australia, within the context of an overall land transport policy. The major factors in this issue involved the need for relative investment in both the road and rail systems and the notion of competitive neutrality between road and rail users.

5.94 Evidence to the Committee consistently highlighted claims of serious imbalance in terms of investment between road and rail operators. It was explained by the Chairman of NR to the Committee - that although both are charged an 18 cents per litre diesel fuel levy - road receives an allocation for national road investments but in the case of rail "... we do not see an 18c a litre coming back in any form whatsoever." [65]

5.95 It was estimated that this cost to rail was in the order of at least $100 million per year, which if framed within a balanced land transport policy could be redirected towards an overall rail infrastructure program similar to that of the road investment fund. [66]

5.96 The DTRD advised that in 1994-1995 the fuel excise paid by rail was approximately $160 million, but that `...None of that is either notionally or in reality churned back into spending on track infrastructure.' [67]

5.97 In evidence to the Committee it was estimated that since the introduction of the fuel excise for rail in 1982, revenue raised is about $1.4 billion in 1993-1994 terms. [68]

5.98 A further issue involves the disparity between road and rail charges. A consistent view put to the Committee was that the national set of charges introduced in 1992 for heavy vehicles has led to the under-recovery of road system costs and has forced down the charges for heavy long distance vehicles. [69]

5.99 The Committee was made aware of the direct effect this was having on competition with rail freight and that the notion of the need for competitive neutrality between the two systems was a major issue to be addressed if rail was to remain a viable competitor to road.

5.100 In the case of New Zealand, it was noted by Laird that the review of road user charges was a `...necessary condition for rail freight profitability...' [70]

5.101 It was further noted by Laird that in Australia the current charges were `...deficient in regards to both the total revenue that is raised from the non-fuel charges levied on heavy vehicle operations over public roads, and, the structure of the charges. As such, the NRTC charges distort road rail competition for long distance and bulk freight.' [71]

5.102 The Committee is aware that the differences between road and rail funding and charges have led to restrictions on effective competition and given rise to road gaining a higher share in the movement of the land freight.

Community and Public Service Obligations

Brew Report recommendations

5.103 The Brew Report recommended that two specific areas of Community Service Obligation (CSO) be addressed by the Government in taking up those of his recommendations it saw as appropriate.

5.104 The first is aimed at relieving the effect of inevitable workforce redundancies in regional areas affected by the sale or disposal of AN assets - especially in South Australia.

5.105 A principal Brew Report recommendation was

5.106 A second recommendation was

The November 1996 rail proposals

5.107 The Government's the November 1996 rail proposals made provision for both recommendations.

Employment and regional impacts

5.108 The proposal is contained in two announcements by the Government. [73]

Employment and regional Assistance package

5.109 The employment package announced by the Government in the November 1996 rail proposals provided for adherence to the previous government's agreement on redundancy entitlements, superannuation and leave.

5.110 Attached to the media release announcing this policy was a pro forma letter form the Minister to all AN employees, which indicated that the proposed AN asset disposal or sale process would involve redundancies, and that the Government would `....do its best to secure employment opportunities for AN's workers..' [74]

5.111 Submissions to the Committee addressed this part of the package by concentrating on the contributions which has been made both in South Australia, and in Tasmania has made to the progressive reduction in the AN workforce. [75] All told the Committee of a gradual reduction in the total AN workforce from some 9200 to some 2200 between 1983-4 and 1995-6. [76]

5.112 The impression gained by the Committee from the accounts of employee involvement in all attempts at rationalisation of the AN workforce was that genuine attempts had been made by both AN and its workforce to achieve a maximum efficient workforce level. It is equally clear that, given the direction of rail restructure and reform inherent in the November 1996 rail proposals, that further redundancies in the AN workforce will occur.

5.113 The Committee took a considerable amount of thoughtful and helpful evidence from members of the AN workforce, particularly in Port Augusta and Launceston which indicated a willingness to accommodate the rail reform process announced by AN and governments during the last 10 years.

5.114 The Committee also had the benefit of comment from the Reverend Claud Scherer, a counsellor who has been specifically commissioned by AN to assist AN personnel in Port Augusta affected by the rail reform and workforce reduction. [77]

5.115 The Committee discussed the details of the AN redundancy and superannuation packages with AN [78] and with the DTRD. [79] The agreement reached between the relevant rail unions and the Commonwealth in the late 1970's is the basis for redundancy packages, and superannuation rights. [80]

5.116 The Committee does not make any further comment on the AN employee package except to note that such packages and redundancies were having a deleterious effect on smaller regional communities such as Port Augusta. In evidence to the Committee, Reverend Scherer put this view

5.117 Reverend Scherer went on to explain,

5.118 The Committee believes its recommendation (see Chapter 7, recommendation...)on this issues is appropriate.

Regional Assistance package

5.119 The regional assistance package announced in the November 1996 rail proposals provides for

5.120 The package places considerable emphasis on a future role for private sector business involvement in the regional centers affected. [83]

5.121 This fund will be administered by the Parliamentary Secretary for Transport and Regional Development, the Hon Michael Ronaldson, MP `acting on advice form the local communities and the Tasmanian and South Australian Governments'. [84]

5.122 The Committee heard considerable comment, particularly in Port Augusta on the package.

5.123 The Mayor of Port Augusta, Joy Baluch indicated to the Committee that the Port Augusta community was expecting a large proportion of the moneys available - some $18 million of the available $20 million to be expended in the city. [85]

5.124 A representative of the Spencer region, Mr Nettle, had some critical comment on the regional assistance proposal

5.125 Mr Nettle suggested, also that the process may result in the following comment

5.126 Comments to the Committee in Launceston stressed that the package would be welcome, given likely developments following a closure or reduction in AN involvement in the city [87] The Northern Tasmanian Regional Development board representative, Mr Black told the Committee that there were a number of projects the funds could be put to in the Launceston area. [88]

5.127 This was a view repeated by several of the witnesses in Launceston. [89]

5.128 The Committee considers that the regional development package proposed in the November 1996 rail proposals is an appropriate concept, It has doubts, detailed to it during the hearings, that the proposal is adequate, given the strain that the changes that will certainly occur as a result of the government's reforms comes into effect.

5.129 The Committee's recommendation in Chapter 7 reflects this conclusion.

Environment Package

5.130 As part of the Government's 24 November 1996 rail proposals, there is an allocation of $50 million to clean up a number of sites occupied by AN which would be vacated as part of the overall rail reform package.

5.131 The main features of the proposed environmental strategy are:

5.132 It was noted by the Committee that the environmental package had arisen from an independent environmental audit conducted by the CSIRO and commissioned by AN. [91]

5.133 Although some sites contained minor contamination Mr Andrew Neal, Managing Director of AN advised at a recent Rural and Regional Affairs and Transport Legislation Committee Estimates hearing that many required only basic rehabilitation such as the removal of rubbish and scrap metal. [92]

5.134 The need for extensive work to be undertaken at the Islington site stemmed from asbestos and heavy metal contamination which required an allocation of $5 million. Mr Neal noted that hydrocarbon contamination was within acceptable limits and the ground water had not been contaminated. [93]

National Track Authority

Brew Report Recommendation

5.135 The Brew Report noted that

November 1996 rail proposals

5.136 In the November 1996 rail proposals, the government announced a proposal for a national track authority would be established. The proposed national track access agency (the NTAA) will be

5.137 The proposed NTAA will, apparently, control access to the interstate network, including parts of the interstate network now controlled by State authorities, and will be responsible for construction, maintenance and control on a `below-the track' basis. That is, the NTA will control and regulate access to the rail network by all users, both public and private.

5.138 The proposed NTAA is a significant fundamental change to the Australian rail industry. The DTRD submission noted that

5.139 Submissions on the basis for a NTAA in Australia focussed on the basic change to the Australian rail infrastructure implied by establishment of an NTAA. Rail 2000 advised the Committee that the model is promoted as having a number of advantages over integrated rail system, as it allows for levelling of a competitive field with intermodal competitors, such as road transport. [97]

5.140 Rail 2000 also noted that the Brew report, and the November 1996 rail proposals

5.141 The key element in the British model of a `below-the-track' track operator is that moneys gained from track access - or track disposal - is put into a fund to subsidise infrastructure development and operations (such as new technology etc.). [99]

5.142 In evidence, the DTRD told the Committee that the proposed NTAA is at present to have a capped allocation of $161.4 million compared to a sum of $370 million allocated to the track authority proposed by the previous government in 1995. [100]

5.143 Other witnesses, particularly major private users of the AN network expressed support for the notion of NTAA, but indicated that details of the Proposed NTAA's charging structure and powers would be essential before any private users would enter into long-term commitments to the use of the interstate network. [101]

5.144 In his evidence, Mr Martin van Onselen of a major private user of interstate rail freight (Box Car Pty Ltd), told the Committee that any NTAA would need to have the following features

5.145 Other likely users, including TNT and the Queensland railways and NSW Freightcorp endorsed an NTAA, but stressed the need for prior detailed knowledge of the authority's role, and access charging structure. [103]

5.146 The Committee has considered the extent of the explanation that has to date been provide concerning the role, functions, powers and likely access regime that an NTAA will have.

5.147 It is undesirable that such a crucial body, which on all accounts will have a central role in future rail and transport market be established without detailed prior explanation by government.

5.148 In addition, as the authority will - on the Committee's understanding - be a body in which the Commonwealth will be either sole owner or principal, the Committee believes that the legislation establishing it should be subject of close scrutiny and review.

5.149 Accordingly, the Committee recommends that, when the bill establishing the proposed is introduced into the Parliament that the Senate refer it to this Committee for inquiry and report.

Footnotes

[1] Government initiatives were announced in four media releases: `Rail back on Track', `Indian Pacific Services to be Retained in Federal Rail Reform Agenda', `National Track Company to be Based in South Australia', `Bidders Line up for Tasrail' - (Media Statements issued by the Minister for Transport and Regional Development, Hon John Sharp, MP, 24 November 1996). The process of disposal of AN assets was also dealt with in a release `Australian National Scoping Study' issued by the Minister for Finance. (Media release issued by the Minister for Finance, Hon John Fahey, MP, 24 November 1996)

[2] The procedure followed by the Government in this regard is provided in the submission from the Department of Transport & Regional Development (Submission 21), pp. 5-6.

[3] See Media Release `Next Step in Rail Reform', Joint Media Release by the Minister for Finance and the Minister for Transport and Regional Development, 6 March 1997

[4] Above, 4th para.

[5] Above, 9th para.

[6] The requirement for such legislation in Tasmania is not clearly settled.

[7] South Australian Government, Submission 46,paras. 5.2-5.6.

[8] Evidence, 5 February 1997, p.439.

[9] Evidence, 5 February 1997, p.441.

[10] Brew Report, Executive Summary, para. 2.2.7, pp. 18-19.

[11] Ibid, pp 18-19.

[12] Commonwealth DTRD, Submission 21, p. 8.

[13] Evidence, 28 January 1997, p.25

[14] Evidence, 28 January 1997, p. 41

[15] Rail 2000, Submission 20, p. 11-12

[16] Evidence, 3 February 1997, p. 422.

[17] Letter to the Committee from AN, 11 February 1997.

[18] Evidence, 30 Janury 1997, p. 169.

[19] Evidence, 30 January 1997,, p. 170.

[20] Evidence, 30 January 1997, pp. 170-1.

[21] Evidence (Rural & Regional Affairs & Transport Legislation Committee, 4 March), 1997, p....

[22] Evidence, 3 February 1997, p. 337

[23] Evidence, 28 January 1997, p. 25.

[24] Brew Report, Executive Summary, para. 2.2.7, p. 18.

[25] Letter dated 11 February, 1997 from AN to the Committee.

[26] Letter dated 6 March 1997. from the Minister to the Committee.

[27] Brew Report, Executive Summary, pp. 15-16; and Recommendations 6-8, pp. 69-70.

[28] ACTU Rail Unions, Submission 25, pp. 41-2.

[29] Rail 2000, Submission 20, p. 10.

[30] Evidence 3 February 1997, p. 396.

[31] South Australian Government, Submission 46, para. 3.3.4

[32] See Evidence, 29 January 1997, pp. 72-74; 87-88

[33] See Evidence, 29 January 1997, pp.87-88

[34] Evidence, 29 January 1997, pp. 132-3.

[35] Evidence, 29 January 1997, pp.146-7.

[36] Evidence, 3 February 1997, p. 386

[37] Evidence, 3 February 1997, p. 397.

[38] Evidence, 5 February 1997, p. 467. Mr van Onselen

[39] Brew Report, recommendation 1(d), (see also pp. 16-17 of the Brew Report.

[40] Rail 2000, Submission 20, p. 10-11.

[41] SA Government, Submission 46, paras. 3.2.1-3.2.5.

[42] Rail 2000, Submission 20, pp. 8-9.

[43] SA Government, Submission 46, p.3.

[44] Evidence, 28 January 1997, p. 49.

[45] Ibid

[46] See media release `Bidders Line up for Tasrail', (Media release issued by the Minister for Transport & RegionalDevelopment), 24 November 1996

[47] Brew Report, p. 61.

[48] Rail 2000, Submission 20, p.10.

[49] ACTU Rail Unions, Submission 25, pp. 34-5.

[50] Evidence, 31 January 1997, pp. 239-24; 249-51; 255-58; 277;

[51] Evidence, 31 January 1997, pp. 270-275.

[52] Evidence, 31 January 1997, pp. 280. See also submission by the Public Transport Union on a proposal to amalgamate Tasrail with the Emu Bay Railway, Submission 42, paper prepared by John Livermore `Operator Options: A Revitalised Tasrail'

[53] Evidence, 31 January 1997, pp. 289-290.

[54] Evidence, 5 February 1997

[55] See Brew Report, pp. 22-3.

[56] See Media release by the Minister for Transport and Regional development, Rail Back on Track, 24 November 1996., p. 1.

[57] DTRD, Submission 20, p. 8.

[58] Evidence, 3 February 1997, pp. 377-80 generally.

[59] Rail 2000; Submission 20, Laird, Submission 11, p. 8.,

[60] ACTU Rail Unions, Submission 26, pp. 31-32.

[61] See, NSW brake on rail sell-off, Aust. Financial Review, 12 March, 1997, p. 7.

[62] NSW Freightcorp, Submission 24,p. 6.

[63] Evidence, 3 February 1997, pp. 412-416.

[64] Evidence, 5 February 1997, pp. 462-470.

[65] Evidence, 3 February 1997, p.381.

[66] ACTU Rail Unions, Submission op. cit., p.22.

[67] Evidence, 5 February 1997, p.470.

[68] A/Prof. P. Laird, Submission 11, p.12.

[69] Evidence, 5 February 1997, p.449.

[70] A/Prof. P.Laird, supplementary submission, p.6.

[71] Ibid, p.5.

[72] See the Brew report, Executive Summary, p. 22.

[73] See media release by the Minister for Transport and Regional Development, 26 November 1996, `AN Employee Package'; and, media release by the Minister for Transport and Regional Development `$20 million Regional Assistance Package to ease Transition to rail reform', 24 November 1996.

[74] See pro forma letter attached to media release of 26 November, 1996, referred to above.

[75] See Evidence from Mr Morton and McNeil in Pt, Augusta, pp.129-133; Mr Nobbs of the combined rail union of Pt Augusta, pp. 152-157. Evidence in Launceston came from Mr Jowett and Mr Osborne of the Public Transport union, and Mr Maclean of the Construction, Forestry, Mining and Energy Union

[76] See DTRD Submission no 21, and Evidence, Adelaide, 28 January 1996, Mr Neal of AN, p.38.

[77] Evidence, 29 January 1997, pp. 157-158.

[78] See Evidence, 28 January 1997, pp. 40-45.

[79] See Evidence 3 February 1997. Pp. 424; and, letter to the Committee from the DTRD dated 24 February 1997, pp. 2-4.

[80] See also, Evidence 3 February 1997, p. 362

[81] Evidence, 29 January 1997, p.157.

[82] Evidence, 29 January 1997, pp.157-158.

[83] See media release by the Minister for Transport and Regional Development `$20 million Regional Assistance Package to ease Transition to rail reform', 24 November 1996.

[84] See above., p. 3.

[85] Evidence, 29 January 1997, p. 82.

[86] Evidence, 29 January 1997, p. 106.

[87] Evidence, 31 January 1997, p.247. Mr Lees, Launceston City Corporation.

[88] Evidence, 31 January 1997, pp. 264-5.

[89] Evidence, 31 January 1997, pp.

[90] Media Release 24 November 1996 Rail Package

[91] Ibid

[92] RR&T Estimates, Hansard, 4 March 1997.

[93] November Rail Proposals, op. cit.

[94] See Brew Report, p. 13.

[95] See media release by the Minister for Transport and Regional Development, ` National Track Company to be based in South Australia', 24 November 1996.

[96] DTRD, Submission 21,p. 7.

[97] Rail 2000, Submission 20,p. 17.

[98] Rail 2000. Submission 20, p. 17-18.

[99] Ibid

[100] Evidence, 5 February 1997, pp... .

[101] See BHP, Evidence, 3 February 2997 pp ; also National Rail pp. 378; Prof. Laird, p. 447.

[102] Evidence, 5 February 1997, p. 465.

[103] See Submission 27, TNT; submission 28, Queensland railways; and, Submission 24, NSW Freightcorp.