We found that there is uncertainty over which reversals of the other road changes would trigger compensation to CCM. There is also a lack of clarity about the extent of the Government's liability for changes to the project's Conditions of Approval.
Legal advice to the RTA states that reversal of any category B, C or D work would not necessarily incur any potential liability to provide MAE relief. However, the advice also notes that should any category B, C or D works be altered, MAE relief may be payable if the changes are inconsistent with the planning approval. The planning approval generally includes the EIS and the Supplementary EIS, and the associated Representations Reports and Conditions of Approval.
Peter Sansom (then CEO of CCM) said in his testimony at the recent Parliamentary Inquiry that CCM bid for the project on the basis of the road changes that resulted from the planning approval. He added that if the Government was to propose a reversal of road changes, CCM would seek legal and technical advice about the impacts. His answer covered changes to both MAEs and categories B, C, and D.