12.1.1 General Obligations

(a) The private party must operate, maintain and repair the facility safely, efficiently and continuously and to both generic and specifically prescribed standards, including:

(i) keeping the facility fit for purpose at all times;

(ii) preserving the specified design life of each element of the facility;

(iii) ensuring the facility meets the specified condition standards when it is handed back to government at the end of the Contract Term;

(iv) ensuring the facility is operated, maintained and repaired according to Good Industry Practice and that defects are corrected in a timely manner;

(v) ensuring that the performance of each part of the facility meets the Output Specification;

(vi) ensuring the facility satisfies the environmental approval requirements;

(vii) ensuring that priority is given to the safety of users of the facility or any other persons affected by the operation and maintenance activities; and

(viii) minimising the impact of the performance of the operation and maintenance activities on users of the facility.

(b) The Output Specification will specify the minimum requirements the private party must meet in operating and maintaining the facility. The private party must comply with these obligations at its cost.

(c) The private party's operation and maintenance obligations extend to upgrading the facility to incorporate advancements in technology and to continuously improve operation and maintenance practices.

(d) The private party must operate the facility in a manner that enables the public to use the facility as part of a broader integrated infrastructure network (for example, in the case of a tollroad, the facility should be interoperable with other Australian tollroads (in relation to tolling) and more generally, the local road network).

(e) The private party must take all reasonable precautions to avoid obstruction and damage to any property and services arising out of the performance of the operation and maintenance activities.