Queensland's QR Rail is set to be floated as a
haulage operator, in opposition to Asciano.
ASCIANO has moved to ensure privatisation of rail freight operator QR National does not threaten its $1.5 billion potential investment in coal haulage.
In response, Queensland Treasurer Andrew Fraser has accused Asciano of trying to frustrate the float of QR National.
Ports and rail operator Asciano said on Wednesday that it had applied to the National Competition Council (NCC) to have the use of Queensland's coal rail track assets ``declared'' under the Trade Practices Act.
The NCC is an advisory body established by the Council of Australian Governments, whose main function is to make recommendations on the regulation of third-party access to services provided by monopoly infrastructure.
If the NCC was to make a declaration on track access, Asciano and other freight companies would have a legal right to negotiate access to the rail track with the service provider and seek arbitration of disputes from the Australian Competition and Consumer Commission (ACCC).
Asciano chief executive Mark Rowsthorn said the current regulatory structure, managed by the Queensland Competition Authority, was ineffective and would "fall well short'' once QR National was privatised.
"The current arrangements allow the network part of the QR National business, QR Network, to structure contracts so that it is difficult for a coal miner to move away from using QR National for its coal haulage requirements,'' Mr Rowsthorn said.
"It puts at risk more than $1.5 billion of potential investment from Asciano in Queensland.''
Mr Rowsthorn said going to the NCC was costly and distracting and it could take four to six months for an outcome.
"If we don't get what we want, we'll appeal against the decision,'' he said.
"The future of our coal business in Queensland is hinging on a successful outcome here.''
Asciano had requested that the Queensland government move to protect competition but had not seen anything tangible despite months of talks with Queensland officials.
Asciano had approached the NCC because the company had run out of patience.
Mr Rowsthorn said that if the NCC made a declaration on track access, it could create uncertainty for the proposed float of QR National on the Australian Securities Exchange (ASX).
But Asciano was not trying to hinder the float of QR National.
"We're not trying to do anything to undermine the privatisation of QR freight operations,'' Mr Rowsthorn said.
"We support it. We see some benefits for our business in that happening.''
He said Asciano had asked the Queensland government to change the structure of the proposed privatised QR National so that most of QR National's board was independent of the QR Network board.
Asciano also wants a requirement on QR Network not to discriminate between competing above-rail operations, and that track operations be subject to regulatory oversight to prevent anti-competitive behaviour.
Additionally, Asciano wants an improved obligation-to-invest clause to ensure investment matches industry demand, not just QR National's needs.
QR referred media inquiries related to Asciano's move to the Queensland Treasurer's office.
"Such grandstanding will in no way disrupt the schedule of the QR National IPO (initial public offer),'' Treasurer Andrew Fraser said in a statement.
Mr Fraser said there had never been a formal access dispute on Queensland's coal network, and Queensland had the most comprehensive and developed rail access regime in Australia.
The state government in April had indicated its intention to apply to the NCC for certification for the state's rail access regime by December 31, 2010.
NCC certification would provide access seekers, infrastructure operators and other parties, including QR National investors, with continuing certainty about how access will be regulated.
Asciano securities declined two cents, or 1.28 per cent, to close at $1.54.
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