Australian Mining reported that Fortescue has won its High Court appeal over access to Rio Tinto and BHP's iron ore rail networks in the Pilbara.

The Australian iron ore miner had been fighting for access to Rio's Hamersley and Robe River lines, as well as BHP's Goldsworthy and Mount Newman networks.

In 2010 the long running battle came to a head when the Australian Competition Tribunal rejected Fortescue's push for access to BHP and Rio rail networks, and allowed the two major miners to retain full access to their own Pilbara rail lines.

The Tribunal rejected the application by Fortescue Metals and a group of junior miners to gain access to the rail lines, finding that access by these miners to Rio's Hamersley lines and BHP's Newman rails "would be contrary to the public interest."

The Tribunal's inquiry found that the actual costs in providing access had the potential of dwarfing whatever benefits might exist from avoiding duplication of lines.

However, despite this the Tribunal did find in favour of the applicants for access in regards Rio's Robe River railway and BHP's Goldsworthy line.

Fortecue continued in its fight to gain full access to the Pilbara network, and was granted a High Court appeal late last year.

In its appeal FMG made technical arguments about the court's interpretation of the law.

The High Court has now found that the Tribunal's decision was not legal, according to the ABC.

This has now allowed Fortescue to again pursue access to the Pilbara rail lines.

Source - Australian Mining

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