Decree-Law No. 43/2015 Tibar Port PPP Unofficial translation by La’o Hamutuk Page 3 5. The following are not applicable to Tibar Port: rules concerning the technical design specifications, design documents, testing and commissioning in Decree-Law No 11/2011 of 23 March (National Development Agency), Decree-Law No. 26/2010 of 22 December (Registration of Sole Traders of the Construction Sector), Ministerial Decree No. 13/MOP/2013 of August 28, the Ministerial Decree No. 7/MF/2011 of 6 April and the Ministerial Decree No. 25/MOP/2013 of 11 December. To these ends, the rules established in the Concession Agreement will apply. 6. Notwithstanding the preceding paragraph, this Decree-Law does not cancel the requirement to obtain necessary licenses or authorizations, in accordance with applicable law. Article 6 Environment 1. During the period of construction and maintenance of Tibar Port, the following constants of UNTAET Regulation 2000/19 of 30 June do not apply: a) Article 3.2(a), regarding the need to avoid disturbing protected species as a result of dredging or other work; b) Article 3.2(b). c) Article 4(a); and d) Article 5. 2. This decree-law shall not prejudice the application of Decree-Law no. 5/2011, of February 9 (Environmental Licensing) regarding the environmental license. Article 7 Labor relations 1. The Concessionaire has the right to hire workers, pursuant to Article 77 of Law No. 4/2012 of 21 February (Labor Law). 2. For the purposes of Article 18 of Law No. 5/2012 of 29 February (Strike Law): a) Tibar Port is intended to respond to essential social needs; b) The Concessionaire, as a company, is intended to respond to essential social needs. Article 8 Land required for implementation of the Concession 1. The grantor, in accordance with the law and the Concession Agreement, shall provide the land required for construction and operation of Tibar Port or, when they are not its property, assist the Concessionaire in obtaining rights to the land, including through expropriation procedures or easements. 2. Compulsory acquisition of land or rights over the land required for the construction and operation of Tibar Port are conducted in accordance with applicable law and the owners of the land or the rights to them are entitled to fair compensation, the value of which is agreed between the parties or established by law. 3. The Government members responsible for the areas of public works and transport should develop a relocation plan for the owners of land which is to be acquired or whose livelihoods are adversely affected by the construction and operation of Tibar Port. 4. The Concessionaire has the right, under the applicable law, to access, move, carry out works, install infrastructure and equipment on land whose ownership is public and that are necessary for the construction and operation of Tibar Port. 5. The Government members responsible for the areas of public works and transport may impose special restrictions on the use of soil and water, including the seabed, situated in the vicinity of