[Note: May be amended on a project specific basis. See Guidance Notes for further detail.]
(a) (Contamination Notice): Each party must promptly provide the other with a copy of any Contamination Notice served on it, and of all related correspondence which precedes or follows the issuing of the Contamination Notice.
(b) (Notification): If either party discovers any Contamination in, on, over or under the Project Area or that has emanated or migrated, or is emanating or migrating, from or to the Project Area or in the direct vicinity of the Project Area (whether or not that party has caused or contributed to that Contamination), it must notify the other party as soon as practicable and, in any event within 5 Business Days after the discovery of the Contamination.
(c) (Notification requirements): A notice under clause 11.6(b) must contain, to the extent such details are known at the time the notification is provided, all relevant details in relation to the Contamination, including:
(i) the type of Contamination;
(ii) the location of the Contamination;
(iii) the nature and extent of the Contamination; and
(iv) whether it considers the Remediation of the Contamination will give rise to a Contamination Compensation Event.
(d) (Further notice): Project Co must notify the State of any further relevant details of the Contamination in accordance with clause 11.6(b) and clause 11.6(c) to the extent such details are not included in the initial notice delivered in accordance with clause 11.6(b), as soon as reasonably practicable after becoming aware of those details.
(e) (Remediation): Project Co must Remediate any Contamination (or part of a mass of Contamination):
(i) that Project Co or any Project Co Associate has caused or contributed to and which is in, on, over or under the Project Area or in the direct vicinity of the Project Area to the extent that such Remediation is required to:
A. comply with any Law;
B. ensure that there is no unacceptable risk of harm to human health or the Environment as a consequence of the Contamination, having regard to Best Industry Practice and the use of the Project Area for the purposes of the Project;
C. prevent the migration of the Contamination from the Project Area to adjoining sites; or
D. ensure that the Project Area is Fit For Purpose (and where the Contamination is located in the direct vicinity of the Project Area, that other area is fit for its purpose);
(ii) that Project Co is required to Remediate to meet the requirements of an Approval;
(iii) that is encountered, disturbed or interfered with by Project Co or any Project Co Associate to the extent that:
A. such Contamination is:
1) in, on, over or under the Project Area; or
2) in the direct vicinity of the Project Area (where it is part of Contamination that is also in, on, over or under the Project Area) and Project Co is required to Remediate such Contamination in accordance with Best Industry Practice; and
B. such Remediation is required to:
1) comply with any Law;
2) ensure that there is no unacceptable risk of harm to human health or the Environment as a consequence of the Contamination, having regard to Best Industry Practice and the use of the Project Area for the purposes of the Project;
3) prevent the migration of the Contamination from the Project Area to adjoining sites; or
4) ensure that the Project Area is Fit For Purpose (and where the Contamination is located in the direct vicinity of the Project Area, that other area is fit for its purpose);
(iv) that is in, on, over or under an area that is not the Project Area or the area in the direct vicinity of the Project Area because it has migrated from the Project Area or the area in the direct vicinity of the Project Area and:
A. Project Co or any Project Co Associate has caused or contributed to that Contamination; and
B. the Contamination is the subject of a Contamination Notice;
(v) in, on, over or under the Project Area that is the subject of a Contamination Notice to Project Co or any Project Co Associate and which Project Co is not otherwise required to Remediate in accordance with clauses 11.6(e)(i), 11.6(e)(ii), 11.6(e)(iii) or 11.6(e)(iv); or
(vi) which the State directs Project Co to Remediate and Project Co is not otherwise obliged to Remediate in accordance with clauses 11.6(e)(i), 11.6(e)(ii), 11.6(e)(iii) or 11.6(e)(iv),
regardless of whether the Contamination occurred or mitigated before or after Project Co was given access to the Project Area.
(f) (Disputing a Contamination Notice): Nothing in this clause 11.6 prevents Project Co from disputing the issue of a Contamination Notice with the Environment Protection Authority constituted under the Environment Protection Act 1970 (Vic) or taking an action against a third party with respect to the Contamination.
(g) (Parties not to cause service of a Contamination Notice): Subject to their respective obligations at Law, neither party will do anything with the intent, directly or indirectly, of causing or being likely to cause the issue or service of a Contamination Notice.