4.4.7 Contamination during the Contract Term

(a) Any contamination (low level or otherwise) resulting from on-site pollution during the Contract Term will be the liability of the private party (unless directly caused by government as the contracting entity and where such contamination is not subject to private party management under the project agreement).

(b) In conjunction with a general obligation to comply with Environmental Laws16 the private party must:

(i) not use the site or allow it to be used so that any industrial waste or hazardous substance is abandoned;

(ii) not allow any industrial waste to be dumped on the site or handled in a manner which is likely to cause an environmental hazard;

(iii) not release or emit anything (including noise) from the land into any part of the environment other than in accordance with a relevant approval; and

(iv) keep the site in good and safe condition so it does not present a risk to the health and safety of any person or a risk of harming the environment and is suitable for the proposed use.

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16 See section 5.3(a).