2.20.2  Relevant definitions - types of Interface Works 

Interface Works is defined to include Direct Interface Works, Proximate Interface Works and Site Interface Works.

These are works undertaken by the State, its Associates or other Authorities. It does not apply to interfaces with other contractors for projects where there are multiple works packages. This will need to be addressed on a project specific basis.

Direct Interface Works means works, services, activities or functions in connection with the Project Assets or the Project Activities or on, in, under, over or in the direct vicinity of the Project Area, which are undertaken by a Direct Interface Party during the Term simultaneously with Project Co's performance of the Project Activities, and are the subject of a Direct Interface Deed between Project Co and the Direct Interface Party. Each Direct Interface Deed regulates the rights and liabilities of Project Co and the Direct Interface Party in respect of those works (for example, agreements with the franchisee on rail projects). The Direct Interface Deeds will be procured by the State and provided to Respondents during the RFP Phase as part of the proposed Project Documents.

Proximate Interface Works means works, services, activities or functions carried out by the State, the Operator or any of their officers, agents, advisers, consultants, contractors or employees (acting in connection with the Project), the Operator Representative or the State Representative, or a delegate of the State, which are carried out simultaneously with Project Co's performance of the Project Activities and in the direct vicinity, but outside, of the Project Area (excluding any Direct Interface Works, any Site Interface Works and any works, services, activities or functions undertaken by a Utility provider or any of its Associates in respect of Utility Infrastructure).

Site Interface Works means works, services, activities or functions carried out by the State, the Operator or any of their officers, agents, advisers, consultants, contractors or employees (acting in connection with the Project), the Operator Representative or the State Representative , or a delegate of the State during the Term, which are carried out simultaneously with Project Co's performance of the Project Activities on, in, under or over the Project Area (including where they also extend to outside of the Project Area but excluding any Direct Interface Works and any works, services, activities or functions undertaken by a Utility provider or any of its Associates in respect of Utility Infrastructure).

Unless they are expressly addressed as Direct Interface Works in a Direct Interface Deed with a Utility provider, the PV Standard Project Deeds exclude Utilities from Interface Works on the basis that Utilities works are a business as usual risk and are regulated under relevant legislation.

The definitions of Site Interface Works and Proximate Interface Works do not pick up all State Associates. In particular, given the size of the State and its varying functions across multiple departments, the State will not accept liability for the acts or omissions of those parties who are not engaged by the State in respect of the Project (Associates of the Associates to the State).