Public Works Construction Act 1880 (TAS)

Public Works Construction Act 1880

[Long Title Amended by 25 Geo. V No. 78 ]An Act to provide for the construction and execution of public works

[Royal Assent 1 November 1880]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Interpretation [Section 1 Substituted by No. 30 of 1977, s. 2 ]In relation to any public work, references in this Act to the Minister shall be construed as including, as well as a reference to the Minister for the time being administering this Act, references to the Minister authorized to carry out that work or administering the Act by which it is authorized. 2Purchase of land for constructing, &c., works [Section 2 Renumbered by 25 Geo. V No. 78 ][Section 2 Amended by No. 24 of 1993, s. 3 and Sched. 1 ]For the purpose of constructing and completing any public work which any Minister is authorized by law to construct or execute, the Minister is hereby empowered to purchase and take, in the mode prescribed by the Land Acquisition Act 1993 , such land as he deems necessary; and, subject to the provisions of this Act, the Land Acquisition Act 1993 shall be incorporated with this Act. 3Contracts for purchase of land to be made by Minister [Section 3 Renumbered by 25 Geo. V No. 78 ]All contracts and other instruments for the purchase of any land for the purposes of this Act shall be made by, to, and with the Minister; and every such contract and other instrument shall be valid and effectual notwithstanding any change in the person who is the Minister, and may be enforced against the Minister for the time being. 4Entry upon land [Section 4 Renumbered by 25 Geo. V No. 78 ][Section 4 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ] (1)  Whenever it is intended to take any land for any of the purposes of this Act, it shall be lawful for the Minister, after seven days’ notice served upon the occupier to enter upon any land and to stake out the same in such manner as the Minister thinks necessary or expedient. (2)  [Section 4 Subsection (2) amended by No. 55 of 1965, s. 5 ]No person shall wilfully pull up, remove, or destroy the stakes or other marks used for the purposes aforesaid.

Penalty:  Fine not exceeding 1 penalty unit.

5Renting land [Section 5 Renumbered by 25 Geo. V No. 78 ]It shall be lawful for the Minister to contract and agree with the persons interested in any land for the demise of such land for the purpose of obtaining materials from such land for any of the purposes of this Act. 6Timber may be taken from uncultivated land upon making compensation [Section 6 Renumbered by 25 Geo. V No. 78 ]It shall be lawful for the Minister, after twenty-one days’ notice to the owner or occupier, to enter upon any uncultivated land, and to cut down and carry away all such indigenous timber as may be required for any of the purposes of this Act, making full compensation for such timber to the owner of the land; but it shall not be lawful for the Minister to cut down any such indigenous timber where it is made to appear to his satisfaction that the same has been, and is intended to be, reserved and used by the owner or occupier of the land for the purpose of ornament or shelter. 7Materials may be taken from land upon making compensation [Section 7 Renumbered by 25 Geo. V No. 78 ]Where it is deemed necessary to obtain materials for the construction or repair of any works, or any other of the purposes of this Act, from any land, it shall be lawful for the Minister, after twenty-one days’ notice to the owner or occupier, to enter upon such land, and to dig, quarry, and carry away all such materials as may be required for any such purpose, making full compensation to all parties interested for the material taken, and the damage thereby sustained. 8Compensation for timber, &c.: How ascertained [Section 8 Renumbered by 25 Geo. V No. 78 ] (1)  [Section 8 Subsection (1) amended by No. 24 of 1993, s. 3 and Sched. 1 ]The compensation for taking indigenous timber from uncultivated land, or materials from any land, for the purposes of this Act is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 . (2)  Before commencing operations under the powers conferred by sections five and six in respect of fenced land, the Minister shall cause to be erected such gates, if any, as may be necessary and sufficient to prevent any stock straying from or upon such land. 8AAFunctions of Director of Public Works to be performed by other persons [Section 8AA Inserted by No. 17 of 1996, s. 30 ]Where by any Act any functions are conferred on the Director of Public Works those functions may be performed by the holder of such office in the State Service as the Minister administering this Act may, by order, declare. 8ARegulations [Section 8A Inserted by 4 & 5 Geo. VI No. 88, s. 2 ] (1)  The Governor may make regulations for the purposes of this Act. (2)  [Section 8A Subsection (2) omitted by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .   (3)  [Section 8A Subsection (3) substituted by No. 30 of 1977, s. 3 ]Regulations under this section may authorize the Minister to delegate, with or without restrictions or conditions, any of the powers and duties conferred on him by the regulations. 9Short title [Section 9 Renumbered by 25 Geo. V No. 78 ]This Act may be cited as the Public Works Construction Act 1880 . Schedule 1