[Note: To be amended on a project specific basis to reflect the final land provisions in clause 13.]
(a) (Operational Phase Licence): Subject to clauses 28.1(c), prior to the Operational Commencement Date, the State must grant or procure the grant of a non-exclusive licence to Project Co to use and occupy and permit the Subcontractors to use and occupy the Operational Phase Area:
(i) for the purposes of:
A. performing the Services;
B. undertaking any Development Activities required to be undertaken to achieve Final Acceptance;
C. undertaking any work in respect of any Returned Works Outstanding Items not required to be completed by Final Acceptance; and
D. performing any other obligations Project Co is required to perform under this Deed during the Operational Phase;
(ii) in accordance with the requirements of this Deed and the Site Access and Tenure Schedule (Operational Phase Licence).
(b) (Terms of Operational Phase Licence): The Operational Phase Licence granted under clause 28.1(a) must be:
(i) for a term which will:
A. commence on the Operational Commencement Date; and
B. end on the Expiry Date; and
(ii) substantially in the form and on the same terms and conditions as the Operational Phase Licence set out in the Site Access and Tenure Schedule.
(c) (Delivery of Operational Phase Licence): Not later than 20 Business Days prior to the expected Date of Commercial Acceptance, Project Co must:
(i) prepare and deliver to the State for review in accordance with the Review Procedures 3 counterparts of the Operational Phase Licence which:
A. must be on the same terms and conditions as the Operational Phase Licence set out in the Site Access and Tenure Schedule and include, as an annexure, the Operational Phase Area Plan for the Operational Phase Area which:
1) is prepared and certified by a licensed surveyor;
2) sets out the location of the Operational Phase Area (limited as to height and depth);
3) encompasses that land reasonably necessary (limited as to height and depth) for Project Co to comply with its obligations under this Deed and the Operational Phase Licence; and
4) identifies the location and purpose of any easements reasonably necessary for Project Co to have, in order for Project Co to perform its obligations under this Deed, and the proposed Operational Phase Licence; and
B. are:
1) executed by Project Co; and
2) complete, except for those matters that the State is authorised to complete under clause 28.1(d); and
(ii) submit a certificate to the State, signed by a licensed surveyor, which certifies that the Works as constructed, which will form the Maintained Assets, are wholly located within the areas identified for the Operational Phase Area.
(d) (Authority to complete): Project Co authorises the State to complete the Operational Phase Licence by inserting:
(i) the commencement date of the Operational Phase Licence, which will be the Operational Commencement Date; and
(ii) any other particulars necessary to complete the Operational Phase Licence.
(e) (Execution): The State must complete the counterparts of the Operational Phase Licence delivered by Project Co, execute each counterpart and return one of the completed and executed counterparts to Project Co.
(f) (Licence to have effect from Date of Commercial Acceptance): The Operational Phase Licence will come into force and effect on and from the Operational Commencement Date.
(g) (Whether executed): Whether or not the Operational Phase Licence has been executed by both parties by the Date of Commercial Acceptance, each party must comply with the Operational Phase Licence on and from the Operational Commencement Date as if the Operational Phase Licence had been fully completed and executed.
(h) (Other access): Except for:
(i) the State's obligation to grant or procure the grant of the Operational Phase Licence under clause 28.1(a); and
(ii) the obligations imposed on the State in the Operational Phase Licence,
Project Co is responsible for gaining access to and from the Operational Phase Site and to and from any land outside the Operational Phase Area, to which access is required to carry out the Services.
(i) (Permitted Use): Project Co must not use or permit the use of the Operational Phase Area for any purpose other than as permitted for the Operational Phase either under this Deed or the Operational Phase Licence.