Principle

Where government delivers the site for the project, third party use of the site may continue. The private party is primarily responsible for ensuring that it has the necessary access to the site to enable it to deliver the project, although government may, in some cases, where there is continuing third party use or access that will be otherwise interrupted on an unpredictable basis, negotiate a base case access regime for inclusion in the project agreement.

Government will also retain rights of access sufficient to exercise its rights under the project agreement.