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The Australian Productivity Commission is currently reviewing the statutory regime that permits third-party access to private essential infrastructure via the declaration process contained in Australia’s competition legislation.

This review has been precipitated as a result of the outcomes of the ongoing dispute for access to certain rail lines in the Pilbara region of Western Australia, which ended in the High Court of Australia. The Pilbara produces 95% of Australia's iron ore.

The dispute over access to those rail lines first began almost a decade ago. Whatever else the Productivity Commission finds, it is hoped that any legislative amendments speed up the process for resolving such disputes.

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