Once the terminal is operating, the open access regime requires the terminals to be operated by SIMTA's terminal operator on an open access and non-discriminatory basis. The regime reflects the Commonwealth's requirement that the terminal is to be a common user facility available on reasonably comparable terms to all rail operators and other terminal users. It sets out the rules for reference and auxiliary services, application processes, capacity allocation, pricing, cost allocation, complaints, disputes and monitoring and enforcement.
The regime includes requirements to publish reference prices for each terminal. Before the access protocol and terminal operating procedure are finalised for the commencement of operation, Moorebank Intermodal Company (MIC) will conduct an industry consultation process.
MIC's role in open access is to ensure that SIMTA and its terminal operator comply with the open access regime and the open access reporting and compliance regime for the IMEX and interstate terminals. During operations, MIC will monitor the terminal operator's performance under the open access regime and impose consequences for non-compliance. In the lead-up to commencement of terminal operations, MIC will develop its strategy for monitoring and enforcing compliance with the open access regime; this will be documented by MIC.