The definition of Force Majeure Events will require consideration on a project specific basis. The following principles should be applied:
• all Force Majeure Events should align with the general principle set out above;
• tropical cyclone has been considered by the State and excluded from the definition on the basis that, by definition, these events do not occur in Victoria. However, the reference to high winds in paragraph (a)(ii) has been included to address the extent the State considers it appropriate to give relief for 'cyclonic' winds which is a position that should be maintained; and
• the definition is limited to events that occur at or in the direct vicinity of the Project Area. Taking into account project specific considerations, in very limited circumstances the State may agree to extend the force majeure regime to other parts of the Site (including outside of Victoria or Australia). For example, this may be appropriate where a large and critical item of Equipment for the Project with a long lead time is being manufactured in a different location.