18.9  Fossils and Antiquities171

18.9.1  As between the parties, all fossils, antiquities and other objects having artistic, historic or monetary value and human remains which may be found on or at the Sites are or shall become, upon discovery, the absolute property of the Authority.

18.9.2  Upon the discovery of such item during the course of the Works, the Contractor shall:

(a)  immediately inform the Authority's Representative of such discovery;

(b)  take all steps not to disturb the object and, if necessary, cease any Works in so far as the carrying out of such Works would endanger the object or prevent or impede its excavation; and

(c)  take all necessary steps to preserve the object in the same position and condition in which it was found.

18.9.3  The Authority shall procure that the Authority's Representative promptly, and in any event within five (5) Business Days, issues an instruction to the Contractor specifying what action the Authority's Representative requires to be taken in relation to such discovery provided that if no instruction is forthcoming within such five (5) Business Days the Contractor may continue to carry out the Works.

18.9.4  The Contractor shall promptly and diligently comply with any instruction issued by the Authority's Representative referred to in clause 18.9.3 (Fossils and Antiquities) (except and to the extent that such instruction constitutes an Authority Change pursuant to clause 18.9.6 (Fossils and Antiquities), in which case the provisions of the Change Protocol shall apply) at its own cost.

18.9.5  If directed by the Authority's Representative, the Contractor shall allow representatives of the Authority to enter the Sites for the purposes of removal or disposal of such discovery, provided that such entry shall be subject to the Authority complying with all relevant safety procedures, which shall include any relevant health and safety plans for the [construction] [refurbishment] of the [Dwellings] [Properties] from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor's Representative from time to time.

18.9.6  If any instruction referred to in this clause 18.9 (Fossils and Antiquities) includes a requirement for the Contractor to suspend the carrying out of the Works and/or to carry out works (being any work of alteration, addition, demolition or extension or variation in the [Dwellings] [Properties]) which are not works which would be necessary for the purpose of compliance with Legislation or any Consents, such works shall be deemed to be an Authority Change and the provisions of the Change Protocol shall apply.

18.9.7  The Authority shall act promptly and diligently in dealing with its obligations in this clause 18 (The Project Sites) in relation to any find so as to mitigate any effect on the Contractor, the Works and/or the Services

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171  The Contractor will take responsibility for Fossils and Antiquities in non-HRA projects where the Contractor will own the project site.