Hi coolroom
Definitely meant common (case) law. "Substantially commenced" is a term used in planning law, rarely defined. Ends up in court with legal argument around what the words mean. My understanding is that resulting case law now defines "substantially commenced" as a "positive unequivocal step" towards the approved works which "results in a material change to the nature of the land". More than a shovel full of dirt.
I'm not familiar with AS4000 but am with its predecessor, AS2124. I don't recall "substantially commenced" rating a mention. Contracts are more interested in when a project is completed rather than when started. The "practical completion" date is usually specified, along with liquidated damages (LDs) if not met. Now, that ends up in court a lot!
Agree with you that its a red herring. Finance is everything.
However, I still believe GNS will now substantially commence work in July, notwithstanding the likely weather. Puts it in next FY.
Won't take a lot of money to "material change the nature of the land".
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