The PV Standard Project Deeds provide that prior to the Operational Commencement Date, the State must grant a licence to Project Co of the Operational Phase Area during the Operational Phase (Operational Phase Licence) which must commence on the Operational Commencement Date. The Operational Phase Licence will be in the form set out in the PSDR or the Site Access and Tenure Schedule. If the terms of the licence are very simple, with all the rights and obligations of the parties in respect of occupation being set out elsewhere in the Project Deed, the State may include the licence terms within the Project Deed.
Not later than 20 Business Days prior to the expected Date of Commercial Acceptance, Project Co must:
• prepare and deliver the Operational Phase Licence to the State substantially complete (except for the commencement date and any particulars the State is authorised to complete); and
• deliver a certificate from a licensed surveyor that certifies that the Works as constructed are wholly located within the areas identified for the Operational Phase Area.
See section 2.21 in relation to application of the MTPFA. A licence issued under the MTPFA cannot exceed the period of the approved project.