Common use of Access to Land Clause in Contracts

Access to Land. 26.1 (a) To the extent that some part of the Private Infrastructure or the Connecting Infrastructure has been, or will be, constructed upon land owned or controlled by Aurizon Network or an Aurizon Party or the construction or operation of the Private Infrastructure or Connecting Infrastructure otherwise reasonably requires access to such land, then Aurizon Network will provide reasonable access to the relevant land for the Owner, the Railway Infrastructure Manager for the Private Infrastructure, and their respective employees, officers, agents and contractors to the extent that access to the relevant land is reasonably required for construction of the relevant infrastructure and/or ongoing operation and maintenance of the Private Infrastructure or to enable the Owner or the Railway Infrastructure Manager for the Private Infrastructure to comply with its obligations under this Agreement or an interface agreement with Aurizon Network, provided that: (i) the land is owned by Aurizon Network or an Aurizon Party or Aurizon Network has, through a lease, licence or other arrangement with the owners of the land or pursuant to the TIA, the authority to authorise access to that land; and (ii) the access is not inconsistent with the terms of any lease, license or other arrangement to which Aurizon Network or an Aurizon Party is a party in respect of the land. (b) If Aurizon Network does not have authority to authorise the Owner to access land as provided by clause 26.1(a), then Aurizon Network will provide the following in relation to access to that land within 10 Business Days of receiving a written request from the Owner to access the relevant land: (i) details of the relevant entity (including that entity’s name, address and contact details) that the Owner would need to obtain approval from to gain access to that land, where this information is reasonably available to Aurizon Network; (ii) advice as to the nature and extent of the rights, if any, that Aurizon Network holds in relation to the relevant land; and (iii) a notice to be provided to that entity identifying that Aurizon Network has no objection to the Owner negotiating for access to that land.