Statement Re High Court Decision

BHP Billiton is disappointed by today’s High Court decision on the definition of ‘production process’ in relation to third party access to BHP Billiton’s rail lines in the Pilbara, Western Australia. BHP Billiton notes that a separate proceeding is underway in the Australian Competition Tribunal that will determine whether the use of the Mt Newman rail line should be ’declared’ open access under Part IIIA of the Trade Practices Act.

BHP Billiton President of Iron Ore, Ian Ashby, commented:

“We believe our West Australian integrated mine, rail and port operations are amongst the most efficient in the world. In the current fiscal year alone, these operations are expected to deliver 137 million tonnes of iron ore* to customers all over the world and are running at full capacity.”

“We continue to believe there are better, more efficient solutions available, including rail haulage and other commercial arrangements, such as mine gate sales.”

* 100% terms. BHP Billiton’s attributable share of iron ore production at WAIO is approximately 85%.