[Note: The Principal Contractor appointment arrangements will be considered on a project specific basis to ensure that they reflect the timing and relevant sites/workplace for Principal Contractor appointments in accordance with the D&C Contractor Direct Deed, Services Contractor Direct Deed and the successful Respondent's consortium structure.]
(a) (Definitions): In this clause 16.2, the terms "construction project", "construction work" and "workplace" have the same meanings given to those terms under the OHS Legislation. For the purposes of the OHS Legislation and this Deed:
(i) any Project Activity, including work under any Subcontract; and
(ii) any construction work carried out on the Project Area by the State or any State Associate or an Interface Party carrying out Site Interface Works:
A. during any period in which the D&C Contractor or the Services Contractor has been engaged as Principal Contractor in respect of the Project Area; and
B. which interfaces with the Project Activities,
is taken to be part of the same "construction project", unless otherwise agreed.
(b) (Engagement as Principal Contractor): Without limiting Project Co's obligations under any other provision of this Deed:
(i) the State must:
A. engage the D&C Contractor as Principal Contractor:
1) in respect of the Development Activities, from Financial Close up to the Date of Commercial Acceptance; and
2) for the rectification of Defects and the undertaking of any Works during the Operational Phase, where the D&C Contractor undertakes such work;
B. authorise the D&C Contractor to have management and control of each workplace at which the D&C Contractor carries out construction work and to discharge the duties of a Principal Contractor under the OHS Legislation in respect of construction work at that workplace;
C. engage, or procure that the Operator engages (as applicable), the Services Contractor as Principal Contractor in respect of the Services from the Operational Commencement Date until the Expiry Date; and
D. authorise, or procure that the Operator authorises (as applicable), the Services Contractor to have management and control of each workplace at which construction work is to be carried out and to discharge the duties of a Principal Contractor under the OHS Legislation in respect of the construction work carried out at that workplace,
in accordance with the D&C Contractor Direct Deed and the Services Contractor Direct Deed (as applicable); and
(ii) Project Co must procure that each of the D&C Contractor and the Services Contractor (as the case may be) accepts the appointment as Principal Contractor and agrees to discharge the duties imposed on a Principal Contractor by the OHS Legislation.
(c) (Project Co to ensure compliance): Project Co must procure that the D&C Contractor or the Services Contractor (as the case may be) exercise and fulfil all of their functions and obligations as Principal Contractor under the OHS Legislation that are relevant to the Project.
(d) (Functions and obligations of Principal Contractor): If the appointment of the D&C Contractor or the Services Contractor (as the case may be) as Principal Contractor under the D&C Contractor Direct Deed or the Services Contractor Direct Deed (as applicable) is not effective for any reason, Project Co must procure that the D&C Contractor or the Services Contractor (as applicable) exercise and fulfil the functions and obligations of the Principal Contractor under the OHS Legislation as if it had been validly appointed and authorised as Principal Contractor under the D&C Contractor Direct Deed or the Services Contractor Direct Deed (as applicable).
(e) (Project Co obligations): Project Co must:
(i) ensure that if any Law, including in the State or Territory in which the Works are situated or the Project Activities are being carried out (as the case may be), requires:
A. a person:
1) to be authorised or licensed (in accordance with the OHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed and complies with any conditions of such authorisation or licence; or
2) to have prescribed qualifications or experience or, if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the OHS Legislation), that person has the required qualifications or experience or is so supervised; or
B. a workplace, plant or substance (or design) or work (or class of work) to be authorised or licensed, that workplace, plant or substance (or design) or work (or class of work) is so authorised or licensed;
(ii) not direct or allow a person to carry out work or use plant or a substance at a workplace unless the requirements of clause 16.2(e)(i) are met (including any requirement to be authorised, licensed, qualified or supervised); and
(iii) if requested by the State or required by the OHS Legislation in respect of any work, produce evidence of any approvals, certificates, authorisations, licenses, prescribed qualifications or experience or any other information relevant to work health and safety (as the case may be) to the satisfaction of the State (acting reasonably) before Project Co or a Subcontractor (as the case may be) commences such work.