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MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009 (NO. 56 OF 2009) - SECT 231

Model utility agreement guidelines

    (1)     The Project Minister must prepare guidelines in relation to the form and content of an approved utility agreement.

    (2)     Without limiting subsection (1), model utility agreement guidelines must include a draft agreement that provides a range of differing and alternative terms and conditions in relation to—

        (a)     the costs of any relocation, protection or rectification of utility infrastructure; and

        (b)     the timing of any necessary works; and

        (c)     risk allocation between the parties; and

        (d)     standards at which necessary works are to be carried out; and

        (e)     means by which disruption to services provided by means of the utility infrastructure will be minimised; and

        (f)     the final certification of the works.

    (3)     Model utility agreement guidelines must be published by the Project Minister in the Government Gazette.

    (4)     Model utility agreement guidelines take effect—

        (a)     on the day that they are published in the Government Gazette; or

        (b)     if the guidelines specify a later day, on that day.



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