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Fortescue Metals Group Limited (ASX:FMG) is likely to focus on Brockman Resources Limited (ASX:BRM) ability to fund additional infrastructure to argue against the junior's attempts to use the miner's railway, according to media reports.
A Fortescue spokeswoman told media The Pilbara Infrastructure, which houses the miner's rail and port assets, has to ensure that any applications for rail access are compliant, in order to ensure other third parties are not disadvantaged.
Brockman has said it is not seeking above-rail services from Fortescue, just access to a section of its railway, as it would use another party to haul its ore.
Brockman is the first company to test the state railway access code, which requires that the two parties must enter negotiations on terms of access, and if they fail to come to an agreement an independent arbitrator will be appointed.
Fortescue says its response to Brockman's request is being dealt with in a diligent and considered manner, with regard to the interests of all potential third-party access seekers.
Fortescue posted a net profit of $460.32 million for the first half of the current financial year
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