(a) (Direction): In this clause 31.4, "direction" means any direction, approval, consent, requirement, determination, request, claim, notice, agreement, demand or the like.
(b) (State direction): If Project Co or the Services Contractor considers that any direction given by the State or the Operator constitutes or involves Minor Works and the State has not given that direction by way of a Minor Works Notice and Project Co or the Services Contractor intends to make a Claim that the direction is for Minor Works, Project Co must provide, or must ensure that the Services Contractor provides, written notice to this effect to the State and the Operator within 3 Business Days of receipt of the direction and before commencing work on the subject matter of the direction.
(c) (Confirmation): If, within 5 Business Days after the State or the Operator (as applicable) receives notice from Project Co or the Services Contractor (as applicable) under clause 31.4(b), the State does not issue, or procure that the Operator issues, a notice to the Services Contractor (with a copy to Project Co):
(i) which is a Minor Works Notice, in which case clauses 31.2 and 31.3 will apply;
(ii) withdrawing the direction, in which case Project Co and the Services Contractor must not comply with the direction; or
(iii) informing Project Co and the Services Contractor that, in the State's and the Operator's view, the direction does not constitute or involve Minor Works, in which case Project Co and the Services Contractor must comply with the direction but Project Co may refer the matter to expert determination in accordance with clause 48.1,
then the direction will be deemed to be withdrawn, and clause 31.4(c)(ii) will apply.
(d) (Conditions for Claim): Neither Project Co nor the Services Contractor are entitled to make any Claim in respect of a direction that may constitute or involve Minor Works unless it has given a notice to that effect under clause 31.4(b) within the period identified in that clause and the State has issued, or is deemed to have issued, a notice to the Service Provider in accordance with clause 31.4(c).