<p>The Hope Down iron ore mining project has won a significant round in its punch up with BHP Billiton over third party access to Newman rail line.</p> <p>The Western Australian Supreme Court found an appeal in the favour of project owners Hancock Prospecting and will order BHP Minerals to negotiate and enter into a contract to carry the iron ore produced at Hope Downs, according to a report in today’s (Friday, November 7) <em>Australian Financial Review</em> .</p> <p>Hancock Prospecting had appealed against an initial ruling that it could not negotiate third party access to BHP Billiton’s Newman rail facilities as it was not yet producing iron ore.</p> <p>But the appeal judges allowed the appeal on the basis that a third party could be interpreted as someone that will be producing iron ore at some stage, the paper said.</p> <p>If Hope Downs project can access the rail facilities, it could save about $300m in infrastructure costs.</p> <p>However, BHP Billiton told the <em>Financial Review</em> that the Hope Downs project may have to fund its own capacity expansion on the rail line and pay a tariff on past investment.</p> <p>Under the Rail Transport Agreement third party access cannot prejudice BHP Billiton’s operations.</p> <p>The 425-km Mount Newman railway carries ore from mines in the Mount Newman area to Port Hedland.</p> <br />
