Permanent Variations to Scheduled Train Paths. (a) This clause 9.2 sets out the procedure to be followed by the parties if it is intended that a Scheduled Train Path is to be permanently varied.
(b) A Scheduled Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if:
(i) one party to this Agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating:
(A) that the Requesting Party wishes to vary the use by the Operator of a Scheduled Train Path;
(B) the length of time such variation will be in force; and
(C) the reason or reasons for the proposal by the Requesting Party; and
(ii) subject to the qualifications set out in clause 9.2(b)(iii), 9.3, 9.4, 9.5, 9.6 and 19.2, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds.
(iii) For the purpose of clause 9.2(b)(ii) the Operator cannot withhold consent in the case of variations required:
(A) by reason of ARTC’s obligations relating to safety of the Network;
(B) for the purpose of Passenger Priority; and
(C) for the purpose of maximising the use and the reliability of the Network.
(c) Subject to clauses 9.3, 9.4, 9.5, 9.6 and 19.2, the Requesting Party will give not less than 30 days notice of a variation request under clause 9.2(b)(i).
(d) The Notified Party’s response as to whether it consents or not under clause 9.2(b)(ii) to the Requesting Party’s notice given under clause 9.2(b)(i) will be given to the Requesting Party within 28 days of such notice being received by the Notified Party or within such shorter time if reasonably practicable. If the Notified Party’s response is to refuse consent, the Notified Party will within such time also provide full reasons in writing to the Requesting Party.
