Public Works (Amendment) Act 1961 (NSW)

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PUBLIC WORKS (AMENDMENT) ACT.

Act No. 31, 1961.

Elizabeth n. An Act to make further provisions relating to the

No. 31,1961 authorisation of public works and the sale of super­

fluous lands; for these and other purposes to amend the Public Works Act, 1912, as amended by subsequent Acts; to validate certain matters; and for purposes connected therewith. [Assented to, 13th October, 1961.]

T>E it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows: —

Short title. 1. This Act may be cited as the “Public Works

(Amendment) Act, 1961”.

2.

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Public Works (Amendment) Act. 223

2.     The Public Works Act, 1912, as amended by subsequent No. 3 i, 1961

Acts, is amended—	. ~~r .
Amendment

(a) (i) by omitting from subsection one of section 45, 1912.

thirty-four the words “twenty thousand pounds” êc. 34.

and by inserting in lieu thereof the words “two (Conditions

hundred thousand pounds” ; precedent to commencing

(ii)

by omitting from subsection two of the same wMks.) and by inserting in lieu thereof the words “two hundred thousand pounds” ;

(iii)  by omitting from subsection three of the same section the words “twenty thousand pounds” and by inserting in lieu thereof the words “two hundred thousand pounds” ;

(iv)  by omitting from subsection four of the same section the words “twenty thousand pounds” and by inserting in lieu thereof the words “two hundred thousand pounds” ;

(v)   by inserting at the end of the same section the following new subsection : —

(6) Where the Minister is of opinion that a work being—

(a) a public school, a teachers’ college, a technical college, or an institution constituted under Part X of the Child Welfare Act, 1939, as amended by subsequent Acts;

(b) a hospital, or a mental hospital, or an institution for the treatment of the physically or mentally ill;

(c) public offices or a public building,

should be constructed, the Governor, notwith­ standing that the estimated cost of the work exceeds the sum of two hundred thousand pounds, may direct that such work shall be carried out under this Act, in which case all

the

224                 Public Works (Amendment) Act.

No. 31, 1961	the powers and provisions of this Act relating to authorised works shall be applicable to such work, and the same shall for all purposes of this Act be deemed to be an “authorised work” and the Minister on whom the carrying out of such work devolves shall for the like purposes be deemed a “Constructing Authority”.
For the purposes of this subsection any such work shall include its continuation, completion, repair, reconstruction or extension.

Sec. 37. (b) by inserting at the end of section thirty-seven the

(Resolution	following new subsection ; —•
when to be
sufficient

authority	(2) Where the Governor has—•
for execu­
tion of
works, &c.)	(a) pursuant to subsection two or six of section thirty-four of this Act directed that a work shall be carried out under this Act, the Constructing Authority; or
(b) pursuant to subsection three or four of section thirty-four of this Act directed that a work shall be carried out under this Act, the Minister,

shall enter into such contracts and take all such necessary steps for the proper execution thereof as such Constructing Authority or Minister, as the case may require, may think proper.

Sec. 38. (c) (i) by omitting from subsection one of section

(Contracts	thirty-eight the words “such contracts” and by
how made.)	inserting in lieu thereof the words “contracts referred to in subsections one and two of section thirty-seven of this Act” ;

(ii)  by inserting in paragraph (a) of the same subsection after the word “Authority” the words “or the Minister, as the case may require,” ;

(iii)   by omitting from the same paragraph the word “its” ;

(iv)

Public Works (Amendment) Act. 225

(iv)   by inserting in paragraph (b) of the same No. 31,1961

subsection after the word “Authority” the words ~

“or the Minister, as the case may require,” ;

(v)   by inserting in paragraph (c) of the same subsection after the word “Authority” the words “or the Minister, as the case may require,” ;

(vi)   by inserting in subsection two of the same section after the word “Authority” wherever occurring the words “, or the Minister,” ;

(d)

by omitting from subsection two of section forty-six sec. 46. the words “subsection two of section nmety-eight of (Convey- this Act to be offered for sale by public auction” n̂ces.) and by inserting in lieu thereof the words “subsection one of section ninety-eight of this Act” ;

(e)

by omitting from section eighty-one the words Sec. 81.

“Provided that no highway so dedicated shall exceed	ing Autho­
one chain in width.” ;	rity may dedicate highway.)

(f) by omitting section ninety-eight and by inserting in Subst. sec.

lieu thereof the following section : — 98.

98. (1) The Constructing Authority may, with Sale or

manner, upon such terms and conditions and subject wanted for

to such easements, covenants, provisions, exceptions

and reservations as the Constructing Authority may

deem expedient, any lands taken or acquired under

the provisions of this Act either before or after the

commencement of the Public Works (Amendment)

the approval of the Governor, sell or lease, in such purposes of any work for which they were so taken or acquired.

(2) All moneys received by the Constructing Authority pursuant to any sale or lease made under subsection one of this section shall be applied in such manner as the Governor directs.

P60057—8

226                Land Tax Management (Amendment) Act.

No. 31,1961 3. The construction by or on behalf of the Crown prior

Valid^on

commencement of this Act of any work referred to in

' paragraph (a), (b) or (c) of subsection six of section

thirty-four of the Public Works Act, 1912, as amended by

subsequent Acts, and by this Act, not being a work sanctioned

by any other Act, shall be deemed to have been valid notwith­

standing that the provisions of the Public Works Act, 1912,

as amended from time to time, for the time being in force

applicable to such work have not been observed or complied

with.

Savings, 4. Any lease effected pursuant to subsection three of section ninety-eight of the Public Works Act, 1912, as amended by subsequent Acts, and in force at the commencement of this Act shall be deemed to have been effected pursuant to subsection one of the said section ninety-eight as replaced by this Act, for the balance of the term for which it was originally granted and subject to the like conditions and reservations.