Herbert Smith Freehills is pleased to announce that it is advising Brockman Iron Pty Ltd on its application for third party access to the rail infrastructure owned by Fortescue Metals Group’s wholly owned subsidiary, The Pilbara Infrastructure Pty Ltd (TPI).
Brockman Iron Pty Ltd (a wholly owned subsidiary of Hong Kong-listed Brockman Mining Limited), today lodged an Access Proposal under section 8(1) of the Railways (Access) Code 2000 (WA) seeking access to the “below rail” infrastructure owned by TPI to allow it to haul up to 20mtpa of iron ore from its Marillana Iron Ore Project located in the Pilbara region of Western Australia.
This is the first time that an application for third party access over TPI’s railway has been lodged under the Access Code and would involve Brockman constructing a rail spur from its Marillana Project connecting to the TPI railway.
The Herbert Smith Freehills team is led by partners Justin Little, Jay Leary and Daniel Preston and solicitor Sian Reece.
Justin Little commented:
“We have been advising Brockman for some time on its negotiations for rail access in Western Australia. We are pleased to be involved in this application and, ultimately, in assisting Brockman in securing a rail solution for the commercialisation of its Marillana Project.”
Jay Leary commented:
“Whilst this application is in many ways a watershed moment for iron ore mining companies in Western Australia seeking access to third party infrastructure, it is consistent with the intention of the Access Code to provide mining companies with access to critical infrastructure in order to support large scale mining developments in Western Australia.”
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