History Details

Public Works Act 1902

1 July 2003 - 14 December 2003

Notes

¹ This is a compilation of the Public Works Act 1902 and includes the amendments made by the other written laws referred to in the following Table. The table also includes information about any previous reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Public Works Act 1902⁸	47 of 1902	20 Dec 1902	20 Dec 1902
Public Works Amendment Act 1906	8 of 1906	18 Sep 1906	18 Sep 1906
Public Works Act Amendment Act 1926	60 of 1926	24 Dec 1926	24 Dec 1926
Reprint of the *Public Works Act 1902* in Appendix to Session Volume 1927 (includes all amendments listed above)
Public Works Act Amendment Act 1933	35 of 1933	4 Jan 1934	Proc. 12 Feb 1934 (see s. 2(1) and Gazette 9 Feb 1934 p. 143)
Public Works Act Amendment Act 1945	41 of 1945	30 Jan 1946	30 Jan 1946
Public Works Act Amendment Act 1950	23 of 1950	5 Dec 1950	5 Dec 1950
Public Works Act Amendment Act 1953	48 of 1953	29 Dec 1953	29 Dec 1953
Public Works Act Amendment Act 1954	3 of 1954	25 Aug 1954	Deemed operative 29 Dec 1953 (see s. 1(1))
Public Works Act Amendment Act 1955	59 of 1955	13 Dec 1955	13 Dec 1955
Public Works Act Amendment Act 1956	55 of 1956	27 Dec 1956	27 Dec 1956
Reprint of the *Public Works Act 1902* approved 27 Aug 1959 in Vol. 14 of Reprinted Acts (includes all amendments listed above)
Public Works Act Amendment Act 1961	46 of 1961	23 Nov 1961	23 Nov 1961
Public Works Act Amendment Act 1965	59 of 1965	19 Nov 1965	19 Nov 1965
Public Works Act Amendment Act 1966	41 of 1966	4 Nov 1966	4 Nov 1966
Public Works Act Amendment Act 1967	53 of 1967	5 Dec 1967	5 Dec 1967
Public Works Act Amendment Act 1972	19 of 1972	26 May 1972	26 May 1972
Metric Conversion Act 1972	94 of 1972 (as amended by No. 19 and 83 of 1973, 42 of 1975)	4 Dec 1972	Relevant amendments (see Second Sch.⁹) took effect on 1 May 1974 (see s. 4(2) and Gazette 26 Apr 1974 p. 1393)
Reprint of the *Public Works Act 1902* approved 22 Dec 1972 (includes all amendments listed above except those in the Metric Conversion Act 1972)
Ministers of the Crown (Statutory Designations) and Acts Amendment Act 1974 Pt. VI	27 of 1974	29 Oct 1974	Proc. 1 Dec 1974 (see s. 2 and Gazette 6 Dec 1974 p. 5204)
Reprint of the *Public Works Act 1902* approved 13 Jun 1978 (includes all amendments listed above)
Acts Amendment (Master, Supreme Court) Act 1979 Pt. VI	67 of 1979	21 Nov 1979	Proc. 11 Feb 1980 (see s. 2 and Gazette 8 Feb 1980 p. 383)
Acts Amendment (Conservation and Land Management) Act 1984 s. 27	112 of 1984	19 Dec 1984	22 Mar 1985 (see s. 2 and Gazette 15 Mar 1985 p. 931)
Public Works Amendment Act 1984	123 of 1984	27 Dec 1984	27 Dec 1984 (see s. 2)
Acts Amendment and Repeal (Water Authorities) Act 1985 Pt. XIII	25 of 1985	6 May 1985	Proc. 1 Jul 1985 (see s. 2 and Gazette 7 Jun 1985 p. 1931)
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3	98 of 1985	4 Dec 1985	1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)
Acts Amendment (Public Service) Act 1987 s. 32	113 of 1987	31 Dec 1987	Proc. 16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813)
Acts Amendment (Land Administration) Act 1987 Pt. VIII ¹⁰	126 of 1987	31 Dec 1987	Proc. 16 Sep 1988 (see s. 2 and Gazette 16 Sep 1988 p. 3637)
Public Works Amendment Act 1991	7 of 1991	13 Jun 1991	11 Jul 1991 (see s. 2)
Reprint of the *Public Works Act 1902* as at 22 Jun 1992 (includes all amendments listed above) (Correction in Gazette 13 Apr 1995 p. 1325)
Financial Administration Legislation Amendment Act 1993 s. 11 and 12	6 of 1993	27 Aug 1993	Deemed operative 1 Jul 1993 (see s. 2(1))
Land (Titles and Traditional Usage) Act 1993 s. 45	21 of 1993	2 Dec 1993	2 Dec 1993 (see s. 2)
Acts Amendment (Public Sector Management) Act 1994 s. 19	32 of 1994	29 Jun 1994	Proc. 1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Public Works Amendment Act 1994^{11, 12}	59 of 1994	7 Nov 1994	5 Dec 1994
Statutes (Repeals and Minor Amendments) Act 1994 s. 4	73 of 1994	9 Dec 1994	9 Dec 1994 (see s. 2)
Energy Corporations (Transitional and Consequential Provisions) Act 1994 s. 109	89 of 1994	15 Dec 1994	Proc. 1 Jan 1995 (see s. 2(2) and Gazette 23 Dec 1994 p. 7069)
Hospitals Amendment Act 1994 s. 18	103 of 1994	11 Jan 1995	Proc. 3 Feb 1995 (see s. 2 and Gazette 3 Feb 1995 p. 333)
Acts Amendment and Repeal (Native Title) Act 1995 Pt. 2	52 of 1995	24 Nov 1995	Proc. 9 Dec 1995 (see s. 2 and Gazette 8 Dec 1995 p. 5935)
Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 s. 188	73 of 1995	27 Dec 1995	Proc. 1 Jan 1996 (see s. 2(2) and Gazette 29 Dec 1995 p. 6291)
Local Government (Consequential Amendments) Act 1996 s. 4	14 of 1996	28 Jun 1996	1 Jul 1996 (see s. 2)
Financial Legislation Amendment Act 1996 s. 64	49 of 1996	25 Oct 1996	25 Oct 1996 (see s. 2(1))
Licensed Surveyors Amendment Act 1996 s. 28	79 of 1996	14 Nov 1996	Proc. 5 Apr 1997 (see s. 2 and Gazette 4 Apr 1997 p. 1750)
Transfer of Land Amendment Act 1996 s. 153(1)	81 of 1996	14 Nov 1996	14 Nov 1996 (see s. 2(1))
Reprint of the *Land Acquisition and Public Works Act 1902* as at 3 Jun 1997 (includes all amendments listed above)
Acts Amendment (Land Administration) Act 1997 Pt. 35 and s. 141	31 of 1997	3 Oct 1997	30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765)
Dampier to Bunbury Pipeline Act 1997 Sch. 4 Div. 5	53 of 1997	12 Dec 1997	12 Dec 1997 (see s. 2(1))
Statutes (Repeals and Minor Amendments) Act 1997 s. 78	57 of 1997	15 Dec 1997	15 Dec 1997 (see s. 2(1))
Reprint of the *Public Works Act 1902* as at 27 Aug 1999 (includes all amendments listed above)
Gas Corporation (Business Disposal) Act 1999 s. 107	58 of 1999	24 Dec 1999	Proc. 16 Dec 2000 (see s. 2(5) and Gazette 15 Dec 2000 p. 7201)
Statutes (Repeals and Minor Amendments) Act 2000 s. 14(13) and 35¹³	24 of 2000	4 Jul 2000	4 Jul 2000 (see s. 2)
Reprint of the *Public Works Act 1902* as at 1 June 2001 (includes amendments listed above)
Public Transport Authority Act 2003 s. 160-166	31 of 2003	26 May 2003	1 July 2003 (see s. 2(1) and Gazette 27 June 2003 p. 2384)

²Under the Public Sector Management Act 1994 s. 112(1), a reference to the Public Service Act 1978 is to be read as a reference to the Public Sector Management Act 1994. The reference was substituted under the Reprints Act 1984 s. 7(3)(g).

³ Under the Public Sector Management Act 1994 s. 112(2), a reference in a written law to the Public Service Commissioner or the Public Service Board is, unless the contrary intention appears or it is otherwise provided under the Acts Amendment (Public Sector Management) Act 1994, to be construed as if it had been amended to be a reference to the Minister for Public Sector Management.

⁴ Repealed by the Roads Act 1911 which was repealed by the Road Districts Act 1919 which was repealed by the Local Government Act 1960 which is now cited as the Local Government (Miscellaneous Provisions) Act 1960. The main Act now dealing with local governments is the Local Government Act 1995.

⁵ Repealed by the Dividing Fences Act 1961 s. 2(1).

⁶ Repealed by the Western Australian Government Tramways and Ferries Act 1948 which was repealed by the State Transport Co-ordination Act 1966 which was repealed by the State Transport Co-ordination Act 1981 which was repealed by the Acts Amendment and Repeal (Transport Co-ordination) Act 1985.

⁷ Repealed by the State Transport Co-ordination Act 1966 which was repealed by the State Transport Co-ordination Act 1981 which was repealed by the Acts Amendment and Repeal (Transport Co-ordination) Act 1985.

⁸ Short title subsequently amended twice (see note under section 1.)

⁹ The Second Schedule was inserted by the Metric Conversion Amendment
Act 1973.

¹⁰ The Acts Amendment (Land Administration) Act 1987 s. 39 reads as follows:

}

39. Validation

(1) The purported exercise or performance on behalf of the Minister for Works by ¾

(a) any Minister of the Crown other than the Minister for Works or by a State agency or instrumentality or other public authority

;

(b) any person employed by the Government or by a State agency or instrumentality or other public authority,

with the consent of the Minister for Works during the period beginning on 1 January 1970 and ending immediately before the commencement of this Part of any power conferred or duty imposed on the Minister for Works by the principal Act is hereby validated and declared to have been lawfully done by that Minister of the Crown or the State agency or instrumentality or other public authority or person employed by the Government or by the State agency or instrumentality or other public authority, as the case requires.

(2) In this section ¾

}

the Minister for Works

has the meaning given by the principal Act.

¹¹

The

Public Works Amendment Act 1994

s. 10 reads as follows:

}

10. Transitional

(1) A reference in a document executed before the commencement of this Act to the Western Australian Building Authority is to be construed, unless the context otherwise requires, as if that reference had been amended to be a reference to the Western Australian Building Management Authority.

(2) A reference in a document executed before the commencement of this Act to the Western Australian Building Authority Account is to be construed, unless the context otherwise requires, as if that reference had been amended to be a reference to the Western Australian Building Management Authority Account.

¹²

The

Public Works Amendment Act 1994

s. 11 reads as follows:

}

11. Validation

(1) The purported exercise or performance on behalf of the Minister for Works by ¾

(a) the Minister of the Crown to whom the administration of the

Marine and Harbours Act 1981

is or was committed by the Governor

;

(b) the chief executive officer of the Department principally assisting that Minister of the Crown in the administration of the

Marine and Harbours Act 1981

or any other officer of that Department,

with the consent of the Minister for Works during the period beginning on 1 July 1985 and ending immediately before the commencement of this Act of any power conferred or duty imposed on the Minister for Works by the principal Act is hereby validated and declared to have been lawfully done by that Minister of the Crown or that officer of that Department, as the case requires.

(2) In this section ¾

}

the Minister for Works

has the meaning given by the principal Act.

¹³

The

Statutes (Repeals and Minor Amendments) Act 2000

s. 35(2) and (3) read as follows:

}

(2) The purported exercise or performance by a Minister of the Crown other than the responsible Minister of any power conferred or duty imposed on the responsible Minister and purportedly delegated to the Minister of the Crown under section 5A(f) of the Act, as in force during the period beginning on 7 December 1993 and ending immediately before the commencement of this section, is validated and declared to have been lawfully exercised or performed by that Minister of the Crown.

(3) In subsection (2) ¾

}

responsible Minister

means the Minister to whom the administration of the Act was committed by the Governor at the time of a purported delegation referred to in subsection (2).

Public Works Act 1902 - NOTES.pdf