(a) Consistent with the allocation of design, construction, commissioning and operations risk to the private party, government will generally require the private party to negotiate and implement (and therefore take the risk on) an access regime necessary to enable it to carry out the works and deliver the Contracted Services in accordance with the project agreement.
(b) However, before going to the market, government will, on a project by project basis, give due consideration to the importance and complexity of the access regime, the identity of the third parties (e.g. whether access is dependent on government related entities) and any timing constraints and other barriers to the private party's ability to negotiate a commercially acceptable access regime with the relevant third parties (particularly during the bidding phase) for inclusion in the Project Brief.
(c) The base case access regime will be treated analogously to a Site Conditions report,17 in that government takes no risk of third party compliance with any such regime (notwithstanding that it may have negotiated that regime) and government will not warrant the adequacy or completeness of the regime. The onus will be on the private party to satisfy itself that the proposed access arrangements are adequate for delivery of the project or, if it is not so satisfied, to propose and negotiate (directly with the third parties) additional access rights sufficient for its requirements.
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17 See section 4.4.3 of Chapter 4 (Environmental issues and Site Conditions).