Common use of Roads Clause in Contracts

Roads. (1) The Joint Venturers shall: (a) be responsible for the cost of the construction and maintenance of all private roads which will be used in their activities hereunder; (b) at their own cost erect signposts and take other steps that may be reasonable in the circumstances to prevent any persons and vehicles other than those engaged upon the Joint Venturers’ activities and their invitees and licensees from using those private roads; and (c) at any place where any private roads are constructed by the Joint Venturers so as to cross any railways or public roads, provide at their cost such reasonable protection and signposting as may be required by the Commissioner of Main Roads or the Public Transport Authority, as the case may be. (2) The State shall maintain or cause to be maintained those public roads under the control of the Commissioner of Main Roads or a local authority which may be used by the Joint Venturers for the purposes of this Agreement to a standard similar to comparable public roads maintained by the Commissioner of Main Roads or a local authority, as the case may be. (3) In the event that for or in connection with the Joint Venturers’ activities hereunder the Joint Venturers or the Joint Venturers’ workforce uses or wishes to use a public road (whether referred to in subclause (2) or otherwise) which is inadequate for the purpose, or any use by the Joint Venturers or the Joint Venturers’ workforce of any public road results in excessive damage to or deterioration thereof (other than fair wear and tear), the Joint Venturers shall pay to the State or the local authority, as the case may require, the whole or an equitable part of the total cost of any upgrading required or of making good the damage or deterioration as may be reasonably required by the Commissioner of Main Roads, having regard to the use of such public road by others. (4) Where a road constructed by the Joint Venturers for their own use is subsequently required for public use, the State may, after consultation with the Joint Venturers and so long as resumption thereof shall not unduly prejudice or interfere with the activities of the Joint Venturers under this Agreement, resume and dedicate such road as a public road. Upon any such resumption the State shall pay to the Joint Venturers such amount as is reasonable.