26.1.2  Extent of rights in a step-in situation

(a)  On the occurrence of any of the events identified in section 26.1.1, government may elect to:

(i)  temporarily assume total or partial possession, management and control of the facility and its operation; and

(ii)  take such other steps as are necessary or desirable to continue the operation of the facility and to minimise the risk to the environment, the public or users of the facility or of material damage to public or private property.

(b)  As an alternative to exercising its Step-in Rights, in some circumstances government may require the private party to:

(i)  immediately perform any obligation in respect of which the private party is in breach;

(ii)  suspend construction or operation to ensure the event is dealt with and normal operation of the facility resumes as soon as is reasonably practicable.

(c)  The rights referred to in paragraph (b) will be set out in the project agreement. They are additional to the Step-In Rights but should be treated analogously to the Step-In Rights.