Public Works (Costs) Act 1916 (NSW)

Public Works (Ccsts) Act.

PUBI.K^ AVORKS (COSTS) ACT.

Act No. (), 1910.

George V, An Act to amend the Public AVorks Act, 1912,

No. 6. with respect to valuations and costs and other

.	proceedings relating to the acquisition of land, and Avith respect to payments to members of the Parliamentary Standing Committee on Public Works ; to validate certain payments to the members of the said Committee ; and for purposes consequent thereon or incidental
thereto. [Assented to, 4th April, 191G.]

“O E it enacted by the King’s Most Excellent Majesty,

by and Avitli the advice and consent of the Legis­

lative Council and Legislative Assembly of Kcav Soutli

AVales in Parliament assembled, and by the autbority of

the same, as follows :—

Preliminar u.

Short title. 1 . This Act mav be cited as llie Public Works

(Costs) Act, 1910.” * '

Valuations.

Sec. 47. 2 . Sc'ction forty-seven of the Public AVorks Act, 1912,

is amended by adding tliereto t!ic lollowing sid)section :—

Constriictirg	(3) The Constructing Autliority sliall inform the
Autliurity to

notify (daini-	claimants of the amount of tlie valuation of tbo
ant of vuluA*	land by notice in tlic fonn of tl;e Seventh Scbedule
tiou.	to Ibis Act: Provided that any such notice may within ninety days after service tlu'reof be A'aried by notification to tlie claimant of such variation.

Sec. 109. 3 . The following is added to section one hundred

and tlircc of the said Act :—^

VaUiati->ii	Provided that any sneb notice of valuation may
may he

varied.

Avitbin one hundred and twenty days after service

thereof be varied by notification to the claimant.”

Costs.

Public Works (Costs) Act.

Costs. George V,

4 . Sul)seetion one of section one Imndred and six of

the said Act is repealed, and the following inserted in	'
its place :—

(1) If the verdict in any action of com- Costs in

pensation under the provisions of this Division of

this Act is for an amount exceeding the amount o f t i o n .

the valuation last notified to the claimant, and less than the amount of the claim of the claimant, the Constructing Authority shall pay to the claimant the ])roportion of his costs which tlû excess of the amount of tlu' verdict over such valuation hears to the excess of the claim over such valuation.

If the amount of the verdict in such action is (Mjual to or greater than the amount of such claim, the Constructing Authority shall pay the costs of the action.

If the amount of the verdict in such action is equal to or less tlian the amount of such valuation, the claimant shall pay the costs of the action.

5 .   Suhsections one and two of section one hundred and s. r, us (i)

eighteen of the said Act are repealed, and the following

subsection is inserted in their place:—

(1) If the amount awarded excc('ds the amount Co.sts in

of the valuation last notilied to the claimant, and

less than the amount of the claim of the claimant,

the Constructing Authority shall ])ay to the claimant

the proportion of his costs of and incidental to the

arhiti'ation, as settled by the arbitrators, which the

excess of the amount awarded over such valuation

hears to the excess of the claim over such valuation.

If the amount awarded is equal to or greater than the amount of such claim, the Constructing Autho­ rity shall pay the costs of and incidental to the arbitration, as settled by the arbitrators.

If the amount awarded is equal to or h'ss than the amount of such valuation, tin; claimant shall pay the costs of and incident to the arbitration, so settled as aforesaid.

Public Works (Costs) Act.

George V, 6. Subsection two ol' section one liundi'cd and twenty-

No. 6. three of the said Act is reioealed and the following is

Section 123. suhstitutcd foi’ it :—

Costs on

ajjpeal from	(2) Upon the trial of the said action, both the costs tliereof and the costs of and incidental to the arbitration shall be determined and allocated by a comparison of the respective amounts of the claim, the valuation, and the verdict, in the manner directed by section one hundred and six of this Act.
arbitrators.

Payments to Fublic JVorks Committee.

Repeal of s. 32

and validation of	7 . (1) It is declared and enacted that section thirty- The said section shall not be deemed to have invali­ dated any payments out of the Consolidated llevenue Uund to members of tlie Parliamentary Standing Com­ mittee on Public W orks; and any persons making or receiving any such payment are hereby indemnified and held harmless in respect thereof.
pavmenta to
Public Works	two of the said Act shall he deemed to have been re­
Committee.	pealed as from the commencement of the said Act.
(2) Section twenty-nine and subsection one of section thirty-one of the same Act are respectively amended by omitting the words “ subject to the pro­ visions of section thirty-two.”

DEPARTMENT