Common use of Grant of Path Usages for transport of coal Clause in Contracts

Grant of Path Usages for transport of coal. (a) (Base entitlement) ARTC grants to the Access Holder, for the purpose of transporting coal, the availability of, and the right to use the Base Path Usages for each Train Path in each Allocation Period determined in accordance with clause 3.2. The Access Holder’s entitlement to its Base Path Usages for a Train Path in a Contract Year ends when it has utilised its Annual Contracted Path Usages for that Train Path. (b) (Tolerance) ARTC will make additional Capacity available in each Month in each Pricing Zone (up to the Monthly Tolerance Cap determined in accordance with clause 3.3) for the purpose of providing access holders with coal access rights, including the Access Holder, a degree of flexibility as to the period in which they may use their annual contracted path usages. If available, the Access Holder may use Path Usages in addition to the Base Path Usages for a Train Path provided: (i) the aggregate number of Path Usages used by the Access Holder in a Period under this clause 3.1(b), over all Train Paths contracted by the Access Holder in the Pricing Zone, does not exceed the Tolerance determined in accordance with clause 3.3; and (ii) the number of Path Usages (excluding Ad Hoc Path Usages) used by the Access Holder on the Train Path do not exceed the Access Holder’s Annual Contracted Path Usages in that Contract Year for that Train Path. (c) (Ad Hoc Path Usages) This clause 3.1 does not prevent ARTC providing Ad Hoc Path Usages to an Access Holder on request where such Path Usages are available. (d) (Limitations) The Access Holder’s rights under this clause 3.1 to use a Path Usage must be exercised through an Operator and is subject to the terms and conditions set out in this agreement, including ARTC’s Passenger Priority obligations and the Availability Exceptions.

Grant of Path Usages for transport of coal. (a) (Base entitlement) ARTC grants to the Access Holder, for the purpose of transporting coal, the availability of, and the right to use the Base Path Usages for each Train Path in each Allocation Period determined in accordance with clause 3.2. The Access Holder’s entitlement to its Base Path Usages for a Train Path in a Contract Year ends when it has utilised its Annual Contracted Path Usages for that Train Path. (b) (Tolerance) ARTC will make additional Capacity available in each Month in each Pricing Zone (up to the Monthly Tolerance Cap determined in accordance with clause 3.3) for the purpose of providing access holders with coal access rights, including the Access Holder, a degree of flexibility as to the period in which they may use their annual contracted path usages. If available, the Access Holder may use Path Usages in addition to the Base Path Usages for a Train Path provided: (i) the aggregate number of Path Usages used by the Access Holder in a Period under this clause 3.1(b), over all Train Paths contracted by the Access Holder in the Pricing Zone, does not exceed the Tolerance determined in accordance with clause 3.3; and; (ii) the number of Path Usages (excluding Ad Hoc Path Usages) used by the Access Holder on the Train Path do not exceed the Access Holder’s Annual Contracted Path Usages Usage in that Contract Year for that Train Path. (c) (Ad Hoc Path Usages) This clause 3.1 does not prevent ARTC providing Ad Hoc Path Usages to an Access Holder on request where such Path Usages are available. (d) (Limitations) The Access Holder’s rights under this clause 3.1 to use a Path Usage must be exercised through an Operator and is subject to the terms and conditions set out in this agreement, including ARTC’s Passenger Priority obligations and the Availability Exceptions.