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The
AustralAsia Railway is strongly supported by the Governments
of the Northern Territory, South Australia and the Commonwealth
of Australia.
Funding
The
key principles of the governments' support for this project
is to provide an up front payment to ensure the railway is
commercially viable (recognising the broader social and economic
benefits which transcend commercial profits), then pass the
construction and operating risks to the private sector.
The
AustralAsia Railway Corporation was established in 1997 by
the South Australian and Northern Territory Governments after
several failed attempts to have the railway fully funded by
the Commonwealth Government or a private company. Once government
support had been affirmed, the Corporation took the project
to the market.
In
1999, the Asia Pacific Transport Consortium was selected as
the preferred tenderer and negotiations began on contractual
detail. In October 1999, government funding was finalised,
with the Northern Territory providing $165 million, the South
Australian Government $150 million and the Commonwealth $165
million from its Federation Fund.
In January
2001, another $79 million in standby funding was provided by the three
governments on commercial terms.
For more
information also see facts sheets on Benefits
and Economics
Contractual
Structure
The
project is one of the most complex infrastructure projects
undertaken in Australia, with more than 300 documents and
dozens of separate signatories. The project documents fall
into six main categories:
- Government
project documents comprise all documents to which
the corporation and governments are parties. They include
the Concession Deed and each of the various lease documents
for the corridor. The Government Works Agreement and
$50 million Loan Agreement are the project documents
that facilitate the government financial contributions
to the project.
- Equity
and joint venture documents regulate
the private sector investment in the project. The consortium
members have formed an unincorporated joint venture in
accordance with the terms of the Unincorporated Joint
Venture Agreement and their equity contributions are
made in accordance with the Equity Subscription Agreement.
- Design
and construction documents provide
for the construction of the railway by the Design and
Construction joint ventures for the company and the Government
Works contractor.
- Operation
and maintenance documents deal
with the operation and maintenance of the railway.
- Debt
financing documents comprise
the contractual arrangements under which the senior debt
providers and mezzanine debt providers will lend money
for the project. They include loan arrangements, charges
over company assets and intercreditor arrangements to
regulate relationships between the various lenders.
- Intergovernmental
agreements set out the various agreements between
the three governments - the Commonwealth, South Australia
and Northern Territory.
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