Duty to negotiate in good faith
86J Duty to negotiate in good faith
The regulated operator must negotiate in good faith with the proponent with a view to reaching agreement on whether the proponent's requirements as set out in the access proposal (or some agreed modification of the requirements) could reasonably be met, and, if so, the terms and conditions for the provision of access for the proponent.
An interested third party must also negotiate in good faith with the proponent with a view to reaching agreement on the provision of access to the proponent and any consequent variation of the interested third party's rights (or prospective rights) of access.
An interested third party is an affected third party who, by notice given to the proponent or the regulated operator, indicates its interest in the negotiations.
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