Common use of Existing Infrastructure Clause in Contracts

Existing Infrastructure. (a) Land where Infrastructure that exists at the Effective Date has the effect of excluding or restricting public access, either by practically or by regulation, continuously or from time to time; including: (i) land that is necessary for, or incidental to, the operation of the Infrastructure including all of a leased area where the Infrastructure is on leased land; and/or (ii) land adjacent or proximate to Infrastructure that is covered by a modification or extension of that Infrastructure; and/or (iii) land on which the Infrastructure has been demolished to enable the replacement or refurbishment for the same purpose; and (iv) specifically: (A) the entire road reservation area, and the road, where the road has been constructed; (B) railways and tramways and their respective reservations; (C) that part of a cemetery or crematorium reserve or other area of Public Land that is being utilised as a cemetery or crematorium; (D) public recreation facilities that are for organised sporting activities; and (E) Major Public Works. (b) Item 2.1(a) does not apply to existing Minor Public Works. (c) Item 2.1(a) ceases to apply to Infrastructure if: (i) the Infrastructure is removed so as to permit safe public access to the former footprint of the Infrastructure; or (ii) the land on which the Infrastructure is located is granted, sold or transferred in a fee simple estate; or (iii) the Infrastructure consists of a road which is sought to be upgraded. (d) In the case of item 2.1(c)(ii), item 2.1(a) ceases to apply immediately before the grant, sale or transfer.

Existing Infrastructure. (a) Land where Infrastructure that exists at the Effective Date has the effect of excluding or restricting public access, either by practically or by regulation, continuously or from time to time; including: (i) land that is necessary for, or incidental to, the operation of the Infrastructure including all of a leased area where the Infrastructure is on leased land; and/or (ii) land adjacent or proximate to Infrastructure that is covered by a modification or extension of that Infrastructure; and/or (iii) land on which the Infrastructure has been demolished to enable the replacement or refurbishment for the same purpose; and (iv) specifically: (A) the entire road reservation area, and the road, where the road has been constructed; (B) railways and tramways and their respective reservations; (C) that part of a cemetery or crematorium reserve or other area of Public Land that is being utilised as a cemetery or crematorium; (D) public recreation facilities that are for organised sporting activities; and (E) Major Public Works. (b) Item 2.1(a) does not apply to existing Minor Public Works. (c) Item 2.1(a) ceases to apply to Infrastructure if: (i) the Infrastructure is removed so as to permit safe public access to the former footprint of the Infrastructure; or (ii) the land on which the Infrastructure is located is granted, sold or transferred in a fee simple estate; or (iii) the Infrastructure consists of a road which is sought to be upgraded. (d) In the case of item 2.1(c)(ii), item 2.1(a) ceases to apply immediately before the grant, sale or transfer.