18.4.5  Modifications required due to a Change in Law or advancement in technology

To the extent a Modification is required by the private party to comply with a Change in Law66 or to upgrade the facility to incorporate advancements in technology or operations and maintenance practices as required by the project agreement, government must either:

(a)  not reject the private party initiated Modification;

(b)  direct the private party to carry out a government-initiated Modification; or

(c)  take such other action the government considers necessary (other than to carry out the Modification itself).

If the Change in Law is a Project specific Change in Law then Chapter 15 (Relief for Possible Key Risk Events) will apply.

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66 Including a change to the planning approval contemplated in section 16.1(a) of Chapter 16 (Compensation Events).