The legislative/regulatory framework requires analysis to ensure that it permits delivery of the project. One question of importance that may be asked is, "Does the agency have the necessary powers in law to enter into the project agreements with the private sector?"
In the event that the agency does not possess sufficient powers to contract with the private sector, extension of such powers or the enactment of enabling legislation should be investigated. The project plan would need to incorporate the necessary process and timetable, should this be required.
Careful consideration of the implications of legislation amendments or regulation required to facilitate or enable project delivery is necessary, particularly in terms of the implications for government in the delivery of future projects. This issue needs to be addressed as early as possible to ensure sufficient time is available for the necessary legislation amendment or regulation.