Use of Non-Compliant Services. (a) (Request to temporarily use a Non-Compliant Service) ARTC will not unreasonably withhold its consent to a request from the Access Holder to operate a Non-Compliant Service for a Period (including a request from the Access Holder for an Operator to operate more than the number of Services specified to be operated by that Operator in a Period in the Train Path Schedule) if:
(i) the Access Holder provides ARTC with three days notice of its intention to use or operate a Non-Compliant Service; and
(ii) ARTC is satisfied that the use or operation of the Non-Compliant Service in that Period will not have a material adverse impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder. Where the Non-Compliant Service has the same Services Assumptions prescribed for that Train Path in the Train Path Schedule, then there is deemed to be no adverse impact.
(b) If ARTC consents to the use or operation of a Non-Compliant Service, ARTC may (but is not required to) update the TOP Charges to be payable by the Access Holder to reflect the characteristics of the Non-Compliant Service used or operated by the Access Holder.
Use of Non-Compliant Services. (a) (Request to temporarily use a Non-Compliant Service) ARTC will not unreasonably withhold its consent to a request from the Access Holder to operate a Non-Compliant Service for a Period (including a request from the Access Holder for an Operator to operate more than the number of Services specified to be operated by that Operator in a Period in the Train Path Schedule) if:
(i) the Access Holder provides ARTC with three days notice of its intention to use or operate a Non-Compliant Service; and
(ii) ARTC is satisfied that the use or operation of the Non-Compliant Service in that Period will not have a material adverse impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder. Where the Non-Compliant Service has the same Services Assumptions prescribed for that Train Path in the Train Path Schedule, then there is deemed to be no adverse impact.
(b) If ARTC consents to the use or operation of a Non-Compliant Service, ARTC may (but is not required to) update the TOP Charges to be payable by the Access Holder to reflect the characteristics of the Non-Compliant Service used or operated by the Access Holder.
(c) (Permanent change to Service Assumptions) ARTC will not unreasonably withhold its consent to a variation of the Service Assumptions for a Train Path (including a variation of the number of Services specified to be operated by an Operator each Period in the Train Path Schedule) if:
(i) the Access Holder provides ARTC with 30 days notice of the new service assumptions proposed by the Access Holder for the Train Path;
(ii) ARTC is satisfied that the use or operation of the Path Usages in accordance with the new service assumptions proposed by the Access Holder will not have a material adverse impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder;
(iii) the variation of the Service Assumptions does not lead to a reduction in TOP Charges that would otherwise be payable.
(d) Despite clause 11.5(c)(iii), ARTC will not unreasonably withhold its consent to a permanent change to the Service Assumptions for a Train Path that would lead to a reduction in TOP Charges if, in ARTC’s reasonable opinion reached in consultation with the HVCCC, the variation involves the transfer to a Service which provides for more efficient use of Capacity and Coal Chain Capacity.
(e) If the Service Assumptions applicable to a Train Path have been permanently amended under clause 11.5(c), the Access Holder agrees...
Use of Non-Compliant Services. (a) (Request to temporarily use a Non-Compliant Service) ARTC will not unreasonably withhold its consent to a request from the Access Holder to operate a Non-Compliant Service for a Period (including a request from the Access Holder for an Operator to operate more than the number of Services specified to be operated by that Operator in a Period in the Train Path Schedule) if:
(i) the Access Holder provides ARTC with [three days] notice of its intention to use or operate a Non-Compliant Service; and
(ii) ARTC is satisfied that the use or operation of the Non-Compliant Service in that Period will not have a material adverse impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder.
(b) If ARTC consents to the use or operation of a Non-Compliant Service, ARTC may (but is not required to) update the TOP Charges to be payable by the Access Holder to reflect the characteristics of the Non-Compliant Service used or operated by the Access Holder.
