4.1.3 State / Territory assessments
The process for undertaking of environmental impact and effects assessments and the obtaining of all associated approvals at a State / Territory level, prior to Financial Close, will be driven by the relevant environmental legislation for the particular jurisdiction. However:
(a) any assessment that may be required after Financial Close, as a result of the private party's design solution, will usually be obtained by the private party; and
(b) government may agree to cap the private party's exposure to such risk beyond a specified time and cost threshold, but will do so only where delay and/or cost is inordinate and unforeseeable.