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Legislation

Part 2A of the Rail Management Act 1996 (RCA) establishes the Victorian Rail Access Regime, the regulatory framework for rail infrastructure in Victoria. It is a third party access regime, requiring access providers to have a binding access arrangement (approved by the Commission) for third party access to their rail infrastructure, and a dispute resolution process in relation to access disputes.

The Regime applies to certain rail infrastructure and rail terminals that have been declared by Order of the Governor in Council (on the recommendation of the Minister). Three such Declaration Orders have been made: the Freight Network Declaration Order 2005, the Passenger Network Declaration Order 2005 and the Dynon Terminal Order 2005. In effect, these Orders declare the regional and metropolitan below rail networks (operated by V/Line and Metro), as well as the Dynon Terminals (operated by VicTrack and Pacific National).

The Regime also includes a rail access pricing methodology (the Rail Access Pricing Guideline, issued by the Commission pursuant to the Pricing Principles Order by the Governor in Council) and other rules and guidelines made by the Commission (the Commission Instruments, including: Account Keeping Rules, Ring Fencing Rules, Capacity Use Rules, Network Management Rules and Negotiation Guidelines).

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Essential Services Commission