BHP in the High Court over rail access

BHP Billiton Ltd has appeared in the High Court today over rail access issues in the Pilbara while rail and port activities at its Nelson Point operation were suspended after a man was killed this morning.

A BHP spokesperson told WA Business News an incident took place at 11 o'clock at Nelson Point which resulted in the death of an employee.

The spokesperson said BHP had ceased work at its Nelsons Point iron ore crushing and shipping facilities at the port until further notice.

It has also stopped transporting ore along the 426km railway line from the inland town of Newman to Port Hedland.

The line hauls iron ore from several BHP Billiton mines including Mt Whaleback, Jimblebar, Mining Area C and Yandi, and carries more than 120,000 tonnes of iron ore each day.

A 52-year-old Port Hedland man was conducting maintenance work on a scissor lift at Port Hedland when it fell on him at 1300 AEST today, a police spokeswoman said.

Worksafe is investigating and BHP Billiton is conducting an internal investigation into the matter.

It is understood police are preparing a report for the coroner.

BHP Billiton said the man's next of kin had not yet been notified.

Meanwhile, BHP has appeared in the High Court today for its appeal against a previous Federal Court decision that ruled in favour of Fortescue Metals Group Ltd's bid to have rail lines open for access by third parties in the Pilbara.

BHP had challenged in the Federal Court that its mine, rail and port operations form an integrated production process and therefore should be exempt from declaration.

The BHP spokesperson said the one-day hearing was just a stage in the whole appeals process with a decision not yet being made.