Public Works Act 1902 (WA)

Western Australia

Western Australia

Public Works Act 1902

An Act relating to public works.

[Long title inserted: No. 31 of 1997 s. 38.]

[Heading inserted: No. 19 of 2010 s. 43(3)(a).]

This Act may be cited as the Public Works Act 1902.

[Section 1 inserted: No. 123 of 1984 s. 3; amended: No. 52 of 1995 s. 5; No. 31 of 1997 s. 39.]

[Heading deleted: No. 19 of 2010 s. 43(3)(b).]

In this Act, if not inconsistent with the context — 

Crown land means and includes all land of the Crown, whether designated for any public purpose or not, except land granted or agreed to be granted in fee simple, or held or occupied under the Crown by lease or licence, or for any other estate or interest, or land reserved and classified as a class A reserve under the Land Administration Act 1997, or any national park referred to in section 6(3)(b) of the Conservation and Land Management Act 1984 or land in relation to which native title exists;

Government work means any work constructed or intended to be constructed by or under the control of the Crown, or the Governor, or the Government of Western Australia, or any Minister of the Crown;

hospital has the meaning given in the Health Services Act 2016 section 6;

judge means a judge of the Supreme Court;

local authority means any local government or any other persons or body, however designated, having authority under any statute to undertake the construction of any public work;

Minister as regards all public works other than railways, means the Minister of the Crown for the time being administering this Act but as regards railways, Minister means the Minister of the Crown for the time being administering the Government Railways Act 1904;

public reserve means a reserve under the Land Administration Act 1997;

Public Transport Authority means the Public Transport Authority of Western Australia established by the Public Transport Authority Act 2003 section 5;

public work means a work, facility, building, structure or other thing that is —

• (a)

  declared, or of a class declared, under section 2A to be a public work; or

• (b)

  of a class described in Schedule 1;

railway: see section 95;

river means a river, stream, creek, or watercourse, in which water flows permanently or intermittently;

road: see section 84;

special Act means any Act of the Parliament of Western Australia with which this Act is incorporated, authorising the construction of a public work;

surveyor means a surveyor licensed under the Licensed Surveyors Act 1909.

[Section 2 amended: No. 35 of 1933 s. 3; No. 41 of 1945 s. 2; No. 48 of 1953 s. 3; No. 19 of 1972 s. 2; No. 27 of 1974 s. 19; No. 67 of 1979 s. 35; No. 112 of 1984 s.…