Common use of Remediation and Grant if Port operation continues Clause in Contracts

Remediation and Grant if Port operation continues. (a) If the State gives notice under clause 5.1(b) that the Port will operate beyond the End of Precinct Life, then the State will not be obliged to carry out Remediation and Rehabilitation Works for the Port Land pursuant to clause 6 until such time as specified in a notice given by the State to the Native Title Party that the Port will cease operation. (b) Subject to paragraph (d), the State will Grant the Port Land to the Native Title Party in accordance with clause 7 at the same time as the Grant of the Precinct Land occurs, notwithstanding that the Port Land has not been subject to Remediation and Rehabilitation Works in accordance with clause 6. (c) Unless the State and the Native Title Party otherwise agree, the State will retain all liability for Remediation and Rehabilitation of the Port Land as contemplated by this Agreement. (d) If the State has given notice under clause 5.1(b) that the Port will continue to operate as a port following the End of Precinct Life, the obligation of the State in relation to the Grant of Port Land will be conditional upon the Native Title Party and the State entering into an agreement to lease the Port Land to the State (or to any government or governmental, semi governmental or administrative body, department, commission or authority, any government Minister, agency or instrumentality, any port authority or entity nominated by the State) (the Lessee) to allow for the continued operation of the Port (Lease). The terms of the Lease will be agreed between the State, Lessee and the Native Title Party, including on the following conditions: (i) the duration of the Lease, and the inclusion of any options to extend, will be fixed at the State's sole discretion; (ii) the Lessee will have the exclusive possession of the Port Land (subject to any ongoing access rights that the Port Authority may have Granted the Native Title Party); (iii) the form of title created to the Port Land must be consistent with the purpose of operating the Port; (iv) the rental will be on commercial terms; (v) a requirement that the State will carry out Remediation and Rehabilitation Works for the Port Land in a manner consistent with clause 6 once the Lease expires; and (vi) policies and procedures to achieve increased and incremental Native Title Party involvement in the management and operations of the Port.

Remediation and Grant if Port operation continues. (a) If the State gives notice under clause 5.1(b) that the Port will operate beyond the End of Precinct Life, then the State will not be obliged to carry out Remediation and Rehabilitation Works for the Port Land pursuant to clause 6 until such time as specified in a notice given by the State to the Native Title Party that the Port will cease operation. (b) Subject to paragraph (d), the State will Grant the Port Land to the Native Title Party in accordance with clause 7 at the same time as the Grant of the Precinct Land occurs, notwithstanding that the Port Land has not been subject to Remediation and Rehabilitation Works in accordance with clause 6. (c) Unless the State and the Native Title Party otherwise agree, the State will retain all liability for Remediation and Rehabilitation of the Port Land as contemplated by this Agreement. (d) If the State has given notice under clause 5.1(b) that the Port will continue to operate as a port following the End of Precinct Life, the obligation of the State in relation to the Grant of Port Land will be conditional upon the Native Title Party and the State entering into an agreement to lease the Port Land to the State (or to any government or governmental, semi governmental or administrative body, department, commission or authority, any government Minister, agency or instrumentality, any port authority or entity nominated by the State) (the Lessee) to allow for the continued operation of the Port (Lease). The terms of the Lease will be agreed between the State, Lessee and the Native Title Party, including on the following conditions: (i) the duration of the Lease, and the inclusion of any options to extend, will be fixed at the State's ’s sole discretion; (ii) the Lessee will have the exclusive possession of the Port Land (subject to any ongoing access rights that the Port Authority may have Granted the Native Title Party); (iii) the form of title created to the Port Land must be consistent with the purpose of operating the Port; (iv) the rental will be on commercial terms; (v) a requirement that the State will carry out Remediation and Rehabilitation Works for the Port Land in a manner consistent with clause 6 once the Lease expires; and (vi) policies and procedures to achieve increased and incremental Native Title Party involvement in the management and operations of the Port.