The aim of the Rail Access Regime is to establish and implement a framework that ensures effective, fair and transparent competition on Western Australia's railway network to achieve a net public benefit to the State.
The mechanism available to achieve this aim is through negotiation of access agreements between the railway owners and the access seekers, with negotiations based on regulated policies and practices established under the Act and Code.
Under the Regime, any person who can meet certain commercial requirements is legally entitled to negotiate access with a railway owner on the rail infrastructure under their control.
The Regime ensures that businesses seeking rail access are treated fairly, and provides for disputes between the railway owner and the access seeker to be resolved by arbitrators and mediators operating under the Commercial Arbitration Act 1985.
An access seeker can be anyone wishing to enter into a commercial access agreement with the railway owner in respect of a particular route. However, once access has been provided under an access agreement, the access seeker must obtain accreditation under the Rail Safety Act 1998 to operate a service or engage the services of an accredited rail operator to carry on the proposed rail operations.