Common use of SAFETY AND ENVIRONMENT Clause in Contracts

SAFETY AND ENVIRONMENT. (a) Sewer Miner must: (i) Ensure the safety, health and welfare of all persons who could be affected by the construction, operation or removal of the Connection Points or the Facility; (ii) Independently identify, assess and control all safety and environmental risks associated with the construction and operation of the Connection Points and the Facility; (iii) If undertaking any work on or near the Connection Points or near the Sewerage System ensure that that work is undertaken in compliance with all safety requirements imposed by Sydney Water; (iv) Provide to Sydney Water appropriate information on the design and operation of the Connection Points to allow Sydney Water to assess the risks associated with working on or near those works; (v) Ensure that all persons engaged in work on or near the Connection Points are appropriately qualified, skilled, trained and supervised; (vi) Ensure that any activities it undertakes on or near the Connection Points, the Sewerage System or any land owned or occupied by Sydney Water are undertaken in a manner which protects the environment to the maximum extent possible; (vii) Provide appropriate information on the nature and properties of the Sewage and the risks associated with its use to any person likely to come into contact with the Sewage as a result of Sewer Miner 's activities. (b) Sydney Water and Sewer Miner will jointly develop, agree on and implement an Emergency Management and Incident Reporting Plan (for the extraction of sewage and discharge of waste by Sewer Miner) to identify each party’s rights and responsibilities in the event of an incident or emergency arising from the extraction of Sewage and discharges of Trade Wastewater by Sewer Miner. The Emergency Management and Incident Reporting Plan must: (i) Be finalised within 90 days of the signing of this Agreement; (ii) Be reviewed by both parties annually; (iii) Be consistent with the provisions in this Agreement, in particular clause 4.5 and 4.6; (iv) Specify that if an Incident occurs: A. Sydney Water will notify the Sewer Miner (as required by clause 4.6(e)); B. Sewer Miner must, as soon as it becomes aware, immediately notify Sydney Water and provide it with any details on the Incident which it requests; and C. Sydney Water may, if it considers it necessary, issue instructions to Sewer Miner or take other action to minimise the consequences of the Incident and Sewer Miner must promptly comply with such instructions. Without limiting clause 8.5, to the extent that the Incident was caused or contributed to by Sewer Miner, the Facility, the Connection Points or the Operator, Sewer Miner must promptly comply with the instructions issued by Sydney Water at its own cost. (v) Be developed as part of, consistent with, and incorporated into any system management plans that may be required for the Facility. (c) Sydney Water may at any time take any action in relation to the Connection Points or the supply of Sewage that it considers necessary or desirable to protect its employees, contractors, members of the public or the environment (as determined in liaison with any relevant authorities). Without limiting clause 5.7, to the extent that the requirement for action arose out of or as a consequence of an act or omission of Sewer Miner or the Operator, the costs and expenses directly incurred by Sydney Water in the exercise of its rights under this clause 5.5(c) shall be paid by Sewer Miner to Sydney Water on demand.

SAFETY AND ENVIRONMENT. (a) Sewer Miner must:Harvester must:‌ (i) Ensure the safety, health and welfare of all persons who could be affected by the construction, operation or removal of the Connection Points or the Facility; (ii) Independently identify, assess and control all safety and environmental risks associated with the construction and construction, operation or removal of the Connection Points and the Facility; (iii) If undertaking any work on or near the Connection Points or near the Sewerage System Stormwater Networks ensure that that work is undertaken in compliance with all safety requirements imposed by Sydney Water; (iv) Provide to Sydney Water appropriate information on the design and operation of the Connection Points to allow Sydney Water to assess the risks associated with working on or near those works; (v) Ensure that all persons engaged in work on or near the Connection Points are appropriately qualified, skilled, trained and supervised; (vi) Ensure that any activities it undertakes on or near the Connection Points, the Sewerage System Stormwater Networks or any land owned or occupied by Sydney Water are undertaken in a manner which protects the environment to the maximum extent possible; (vii) Provide appropriate information on the nature and properties of the Sewage Stormwater and the risks associated with its use to any person likely to come into contact with the Sewage Stormwater as a result of Sewer Miner Harvester's activities; and (viii) Must conduct its activities under this Agreement in a good and ▇▇▇▇▇▇▇-like manner and must not, by any act or omission, cause any damage to Sydney Water's property or the property of any third party. (b) Sydney Water and Sewer Miner Harvester will jointly develop, agree on and implement an Emergency Management and Incident Reporting Plan (for the extraction of sewage Stormwater, discharge of excess or treated Stormwater and discharge of waste Trade Waste Material by Sewer MinerHarvester) to identify each party’s rights and responsibilities in the event of an incident or emergency arising from the extraction of Sewage Stormwater and discharges of excess or treated Stormwater or Trade Wastewater Waste Material by Sewer MinerHarvester. The Emergency Management and Incident Reporting Plan must: (i) Be finalised within [90 days days] of the signing of this Agreement; (ii) Be reviewed by both parties annually; (iii) Be consistent with the provisions in this Agreement, in particular clause 4.5 and 4.6; (iv) Specify that if an Incident occurs: A. Sydney Water will notify may take action to temporarily or permanently interrupt the Sewer Miner (as required by clause 4.6(e))flow of Stormwater in the Stormwater Networks; B. Sewer Miner Harvester must, as soon as it becomes aware, immediately notify Sydney Water and provide it with any details on the Incident which it requests; and C. Sydney Water may, if it considers it necessary, issue instructions to Sewer Miner Harvester or take other action to minimise the consequences of the Incident and Sewer Miner Harvester must promptly comply with such instructions. Without limiting clause 8.5, to the extent that the Incident was caused or contributed to by Sewer MinerHarvester, the Facility, the Connection Points Points, the Operator or the Operatortheir subcontractors, Sewer Miner agents or employees or Harvester's Customers, Harvester must promptly comply with the instructions issued by Sydney Water at its own cost. (v) Be developed as part of, consistent with, and incorporated into any system management plans that may be required for the Facility. (c) Sydney Water may at any time take any action in relation to the Connection Points or the supply of Sewage that it considers necessary or desirable to protect its employees, contractors, members of the public or the environment (as determined in liaison with any relevant authorities). Without limiting clause 5.7, to the extent that the requirement for action arose out of or as a consequence of an act or omission of Sewer Miner or the Operator, the costs and expenses directly incurred by Sydney Water in the exercise of its rights under this clause 5.5(c) shall be paid by Sewer Miner to Sydney Water on demand.