Access to these systems is needed to transport coal to the new Wiggins Island Coal Export Terminal WICET) to be built in the Port of Gladstone.

The $A4 billion terminal development is targeting 25 million tonnes per annum of throughput capacity for first-stage development while full expansion will lift it to 80Mtpa.

Members of the WICET consortium include Anglo Coal Australia, Aquila Resources, BHP Billiton, BHP Billiton Mitsubishi Alliance, Caledon Resources, Cockatoo Coal, Yancoal Australia, Jellinbah Resources, Macarthur Coal, Northern Energy Corporation, Qcoal, Rio Tinto Coal Australia, Syntech Resources, Vale Australia, Wesfarmers Curragh and Xstrata Coal Queensland.

The new terminal will be constructed in stages over several years, as mines in the region are developed. The applicants submit that certain Wiggins Island producers need to urgently secure rail access to support stage one of the terminal's development.

“This decision allows producers and QR Network to accelerate current negotiations to secure rail capacity, which is also likely to facilitate the timely construction of the new terminal,” the ACCC said.

“Interim authorisation is granted in relation to stage 1 negotiations only and is conditional upon any access agreement entered into containing a condition precedent that final authorisation be granted by the ACCC.”

Authorisation provides immunity from court action for conduct that might otherwise raise concerns under the competition provisions of the Trade Practices Act 1974.

Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.

Interim authorisation allows the parties to engage in the conduct prior to the ACCC considering the substantive merits of the application.

WICET has told ILN it is working through a set of complex agreements and issues that are usual for a project of this scale.

“There was a positive response to the expressions of interest sought in December 2009 and WICET is currently assessing those applications. The new terminal will be developed in stages to match user demand for capacity.

“Coal shipments from the new terminal are planned from 2013 and are contingent on finalisation of various commercial and project agreements.”

Back in May 2009 the project was under review due to the global financial crisis.