210Meaning of *utility agreement*

210 Meaning of *utility agreement*

(1) For the purposes of this Part, a utility agreement is an agreement governing the rights and obligations of a project authority and a utility in relation to—

S. 210(1)(a) amended by No. 10/2019 s. 6(1)(a).

(a) the location of utility infrastructure owned, operated or controlled by the utility; or

S. 210(1)(b) amended by No. 10/2019 s. 6(1)(b).

(b) works for the development of the declared project that affects or may affect utility infrastructure owned, operated or controlled by the utility—

as amended from time to time.

(2) Without limiting the matters that a utility agreement may provide for, a utility agreement—

S. 210(2)(a) amended by No. 10/2019 s. 6(2)(a).

(a) must provide for the respective rights and obligations of the utility and the project authority in the case where utility infrastructure may need to be relocated or protected in order for works for the development of the declared project to be carried out;

S. 210(2)(b) amended by No. 10/2019 s. 6(2)(b)(i).

(b) may provide for the respective rights and obligations of the utility and the project authority in relation to unnotified utility infrastructure in cases where—

S. 210(2)(b)(i) amended by No. 10/2019 s. 6(2)(b)(ii).

(i) the project authority discovers the unnotified utility infrastructure while carrying out works for the development of the declared project; or

S. 210(2)(b)(ii) amended by No. 10/2019 s. 6(2)(b)(ii).

(ii) the project authority causes damage to the unnotified utility infrastructure while carrying out works for the development of the declared project.

Division 2—Utility infrastructure notification and identification

S. 211 substituted by No. 10/2019 s. 7.