Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p35
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 35/154)
Character Range: 726364–729247

(a) those matters approved by the Authority under sub‑clause (1);
(b) any directions given by the Authority pursuant to clause 61.

    60. Authority Approval of Certain Tenders
       (1) All works constructed under this Agreement for an amount exceeding $2,000,000 or such other higher amount determined by the Authority from time to time, must be let by tender.
       (2) A Constructing Authority must obtain the approval of the Authority before accepting any tender relating to this Agreement for any amount exceeding $2,000,000 or such other amount determined by the Authority from time to time.
       (3) If the concept or design of any work or measure or any changes thereto cause the total estimated cost of the work or measure to rise by more than 10% of the amount of the accepted tender, the Authority must:
(a) immediately notify the Ministerial Council; and
(b) if the Ministerial Council does not agree that the work or measure should proceed within one month of being notified of the increased estimated cost, direct the Constructing Authority to suspend further action on that work or measure.

    61. Directions for the Efficient Construction etc of Works
       (1) The Authority may give directions, as required to give effect to the work plan and asset management plan, or to give effect to a decision of the Ministerial Council under sub‑clause 29(3), to ensure:
(a) the efficient construction, operation, maintenance and required performance of any work; and
(b) the efficient implementation of any measures,
        authorised pursuant to this or the former Agreement.
       (2) A Constructing Authority must give effect to any directions given to it by the Authority under sub‑clause (1).
       (3) The Authority may direct:
(a) if necessary, what shall be regarded as:
              (i) investigations, construction and administration; or
              (ii) major or cyclic maintenance; or
              (iii) operation and maintenance,
           for the purpose of clause 71; and
(b) the doing of such acts or things as it considers necessary to ensure that the provisions of this Part are observed.
       (4) In exercising its power under paragraph (3)(a), the Authority must not direct that any of the following description of work shall be regarded as operation and maintenance:
(a) the execution of any improvement to the design or function of any existing work;
(b) the replacement of the whole of any existing work;
(c) work to remedy the extraordinary failure of part or all of any existing work.

    62. States to Facilitate Construction and Operation Within Their Territories
A State Contracting Government must grant all powers, licences or permissions with respect to its territory as may be necessary for:
(a) the construction, operation or maintenance of any works;
(b) the implementation of any measures; or
(c) the carrying out of any