If the nature or location of the site makes such action relevant, government will approach the Minister for Planning prior to the request for tenders to ascertain whether a State environmental impact assessment (in the form of an Environment Effects Statement (EES), under the Environment Effects Act 1978 (Vic)) is required. If so, and if time permits. government will undertake the assessment based on a conceptual design to ensure that environmental considerations will not preclude the use of the site for the project.
However:
(a) any assessment that may be required after Financial Close, as a result of the private party's design solution, will usually be obtained by the private party; and
(b) government may agree to cap the private party's exposure to such risk beyond a specified time and cost threshold, but will do so only where delay and/or cost is inordinate and unforeseeable.