Jurisdictional and constraints on effective competition: The case of rail access regimes

Abstract

The Commonwealth Government in November 2002 released the AusLink Green Paper which is a blue print for a long term national land transport plan. The release of this document followed the Review of the National Road Transport Commission Act 1991 which recommended the abolition of the Australian Road Transport Commission and to replace it with a National Transport Commission – the new body which would have the responsibility for a national approach to both road, rail and intermodal development. AusLink was established in July 2004 and while an excellent government strategy, a national land transport plan demands the inclusion of an integrated rail network. Prior obstacles to the development of a national focus in rail have been overcome – gauge standardisation of the track and the abolition of state government monopolies. Despite deregulation, however, and the removal of the physical and jurisdictional constraints, other impediments are now appearing which are likely to prevent the effective implementation of a national focus. This is a product of the mechanism of deregulation itself and the development of state based and state focused access regimes which are now a barrier to the effective implementation of national network.