Project Co and its Subcontractors are licensed by the State during the Development Phase to use and occupy the Development Phase Area to carry out the Development Activities. Consistent with occupational health and safety requirements, Project Co and, in turn, the D&C Contractor controls access to the Site during the Development Phase including State access. The State is entitled to enter the Development Phase Site for the purposes of inspecting, observing and testing and to exercise any other right, power or function or carry out any obligation which the State has under any State Project Document or at law in respect of the Development Activities.

During the Operational Phase, Project Co is granted a licence by the State to access the Operational Phase Area to carry out the Services, undertake the Development Activities remaining after Commercial Acceptance and perform any other obligations required during the Operational Phase. The licence is subordinate to overriding rights of the State and its Associates to have unfettered access to the Operational Phase Area to carry out the State's Functions/Operations.

The draft Development Phase Licence and Operational Phase Licence to be granted to Project Co are typically included in the Project Deed. The terms of these licences are usually limited given most of the substantive requirements are included in the Project Deed.