Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 11, but subject only to clauses 11.2(b), 11.2(c) and 11.3, ARTC may, without notice to the Access Holder or the relevant Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time.
(b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect a Train Path, ARTC will, prior to commencement of the works:
(i) take all reasonable steps to minimise any disruption to the Train Path;
(ii) notify the Access Holder and relevant Operator of the works as soon as reasonably practicable; and
(iii) use its best endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network.
(c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Access Holder and the relevant Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to Services.
Repairs, maintenance and upgrading of the Network.
(a) Notwithstanding any other provisions to the contrary in this clause 9, but subject only to clauses 9.4(b), 9.4(c) and 9.5, TAHE may, without notice to the Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time.
(b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network or taking possession of the Network are reasonably likely to materially affect the Scheduled Train Paths, TAHE must, prior to commencement of the works:
(1) take all reasonable steps to minimise any disruption to the Scheduled Train Paths;
(2) notify the Operator of the works as soon as reasonably practicable; and
(3) use its reasonable endeavours to provide an alternative Train Path, but need not obtain the Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network.
(c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. When planning a possession of the Network TAHE will use its reasonable endeavours to minimise disruption to Services. TAHE will consult with the Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to Services.
Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 9, but subject only to clauses 9.3(b), 9.3(c) and 9.4 ARTC may, without notice to the Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time.
(b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect the Scheduled Train Paths, ARTC will, prior to commencement of the works:
(i) take all reasonable steps to minimise any disruption to the Scheduled Train Paths including, without limiting ARTC’s discretion to undertake maintenance under this clause 9.3, having regard to peak demand periods, such as retail and agricultural peaks where relevant;
(ii) notify the Operator of the works as soon as reasonably practicable; and
(iii) use its best endeavours to provide an alternative Train Path, but need not obtain the Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network.
(c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to Services and ARTC may at its discretion waive the flagfall charge applicable to any Services affected by this clause.
Repairs, maintenance and upgrading of the Network a) Notwithstanding any other provisions to the contrary in this clause 9, but subject only to clauses 9.3(b) and (c), ARTC may, without notice to the Operator, perform repairs, maintenance or upgrading of the Network, or take possession of any part of the Network, at any time.
b) If repairs, maintenance or upgrading of the Network, or taking possession of the Network, are reasonably likely to materially affect the Scheduled Train Paths, ARTC must, prior to commencement of the works:
i) take all reasonable steps to minimise any disruption to the Scheduled Train Paths;
ii) notify the Operator of the works as soon as reasonably practicable; and
iii) use its best endeavours to provide an alternative Train Path, but need not obtain the Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network.
c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to Services. Note: FreightCorp and Toll are concerned about the lack of consultation on maintenance, and have suggested as part of the submission that planned maintenance provisions be considered. Ultimately, ARTC will determine the planned maintenance program, but consultation must occur. FreightCorp and Toll recognise that whilst their consent should not ultimately be required they should be consulted consultation only appears to be anticipated on “possession”.
