4.  Environmental issues and Site Conditions

Principle

Depending on the project and whether Commonwealth environmental approvals are fundamental to the use of the site, government may obtain such approvals to ensure that environmental considerations do not preclude the use of the site for project purposes. Each jurisdiction may also impose further requirements with respect to environmental assessments to be undertaken and approvals to be obtained. The risk allocation in respect of such assessments and approvals will be determined on a jurisdictional basis.

The private party will be responsible for obtaining and complying with all other environmental approvals (at its cost).

The private party will be responsible for environmental compliance.

The private party accepts overall responsibility for Site Conditions, including the adequacy of the site for delivering the project, regardless of whether the project site is selected by government. An exception may be made, in limited circumstances, for latent geotechnical conditions and unidentified pre-existing contamination on a government selected High Risk Site.

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