Technical Acceptance generally occurs when all technical aspects of the Works have been completed and the Project Assets are Fit For Purpose. As stated above, the regime is used where the State requires priority access to the Project Area between Technical Acceptance and Commercial Acceptance, to prepare for operation of the Maintained Assets but still expects a strong Project Co presence and for Project Co to control the Development Phase Area. A Technical Acceptance regime should be considered if the Maintained Assets are not being operated by Project Co and:

• there are things that the State needs to install, commission and test before the Operational Commencement Date (for example Specialist ICT) and the State requires priority access to the Development Phase Area to do this.

• the State requires time to work with Project Co to commission the Project Assets after the building works have been largely completed;

• there is significant staff training and induction required before operations can commence; or

• there are a large number of transitional activities that need to be undertaken before the Maintained Assets are operational.

The Independent Reviewer certifies whether or not Technical Acceptance has been achieved. A Certificate of Technical Acceptance will be final and binding other than in the case of manifest error. The issue of the Certificate of Technical Acceptance does not constitute evidence that Project Co has satisfied the FFP Warranties, approval by the State of the completion of acceptance of the relevant Works or evidence that any other obligations under the Project Deed have been satisfied.