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PUBLIC PRIVATE PARTNERSHIPS AND BUILD, OPERATE AND TRANSFER (BOT ...

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community groups and sector interest groups. In selecting, developing and implementing<br />

PPP projects, the economic, social and environmental concerns of those directly affected<br />

at local level should be taken into account along with the statutory rights and legitimate<br />

economic interests of stakeholders.<br />

39. All parties to a PPP arrangement in Fiji should have regard to appropriate industry<br />

norms in terms of pay and conditions and of prevailing national and/or industry-wide<br />

agreements including Environmental Management Act 2004, Financial Management Act<br />

2004, Foreign Investment Act 1999, Occupational Health and Safety Act 1996, Social<br />

Justice Act, and other statutes. Such an approach should be consistent with protections<br />

provided under the 1997 Constitution.<br />

Principle 3: Public to be kept informed<br />

40. The success of the PPP programme requires widespread public support. A PPP<br />

communications and awareness strategy will be pursued by Government directed at key<br />

stakeholders, officials of public service procuring agencies, employees in sectors where<br />

PPPs will be developed and the general public.<br />

Principle 4: Virtually any development project will be implemented using a PPP<br />

arrangement<br />

41. This includes power plants, roads, ports, airports, dams, water supply, irrigation,<br />

telecommunications, railroad and railway, passenger transport systems, reclamation<br />

projects, industrial estates or townships, government buildings, tourism, slaughterhouses,<br />

warehouses, public markets, solid waste management, information technology networks<br />

and data base infrastructure, sewerage, drainage, dredging, farms and any other<br />

infrastructure and development projects that may be considered appropriate by the<br />

Government.<br />

Principle 5: Two broad variants of a PPP contractual arrangement will be allowed<br />

42. Two types of contractual arrangement will be considered:<br />

(i) Outsourcing and management contracts which is well understood and is used to<br />

introduce the private sector to the process of delivering government services.<br />

This type of PPP includes performance-based operations and maintenance<br />

contracts, design-build and turnkey contracts.<br />

(ii) Concession Contracts that is used for the provision of new rehabilitated or<br />

upgraded infrastructure. Under a concession contract the private sector is<br />

normally contracted to finance, construct, operate and maintain the project for a<br />

specified time period after which it is transferred back to the State in a near new<br />

condition. The contract is usually a concession to collect user charges that are<br />

used to reimburse the private company for the construction, operating and<br />

maintenance costs. Under a concession contract arrangement the ownership of<br />

the asset will remain with the Fiji Government over the full concession period.<br />

11

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