History Details

Public Works Act 1902

19 February 1999 - 26 August 1999

Notes

^1. This is a compilation of the Land Acquisition and Public Works Act 1902 and includes the amendments effected by the other Acts referred to in the following Table.

Table of Acts

Act	Number and Year	Assent	Commencement	Miscellaneous
Public Works Act 1902	47 of 1902	20 December 1902	20 December 1902	Short title subsequently changed (see note under section 1)
Public Works Amendment Act 1906	8 of 1906	18 September 1906	18 September 1906
Public Works Act Amendment Act 1926	60 of 1926	24 December 1926	24 December 1926
Public Works Act Amendment Act 1933	35 of 1933	4 January 1934	12 February 1934 (see Gazette 9 February 1934 p.143)
Public Works Act Amendment Act 1945	41 of 1945	30 January 1946	30 January 1946
Public Works Act Amendment Act 1950	23 of 1950	5 December 1950	5 December 1950
Public Works Act Amendment Act 1953	48 of 1953	29 December 1953	29 December 1953
Public Works Act Amendment Act 1954	3 of 1954	25 August 1954	25 August 1954
Public Works Act Amendment Act 1955	59 of 1955	13 December 1955	13 December 1955
Public Works Act Amendment Act 1956	55 of 1956	27 December 1956	27 December 1956
Public Works Act Amendment Act 1961	46 of 1961	23 November 1961	23 November 1961
Public Works Act Amendment Act 1965	59 of 1965	19 November 1965	19 November 1965
Public Works Act Amendment Act 1966	41 of 1966	4 November 1966	4 November 1966
Public Works Act Amendment Act 1967	53 of 1967	5 December 1967	5 December 1967
Public Works Act Amendment Act 1972	19 of 1972	26 May 1972	26 May 1972
Metric Conversion Act 1972	94 of 1972	4 December 1972	The relevant amendments as set out in Schedule 2 took effect on 1 May 1974 (see section 2 and Gazette 26 April 1974 p.1393)	Schedule 2 was inserted by the Metric Conversion Act Amendment Act 1973 (No. 19 of 1973)
Ministers of the Crown (Statutory Designations) and Acts Amendment Act 1974, Part VI	27 of 1974	29 October 1974	1 December 1974 (see Gazette 6 December 1974 p.5204)
Acts Amendment (Master, Supreme Court) Act 1979, Part VI	67 of 1979	21 November 1979	11 February 1980 (see Gazette 8 February 1980 p.383)
Acts Amendment (Conservation and Land Management) Act 1984, section 27	112 of 1984	19 December 1984	22 March 1985 (see section 2 and Gazette 15 March 1985 p.931)
Public Works Amendment Act 1984	123 of 1984	27 December 1984	27 December 1984
Acts Amendment and Repeal (Water Authorities) Act 1985, Part XIII	25 of 1985	6 May 1985	1 July 1985 (see Gazette 7 June 1985 p.1931)
Acts Amendment (Financial Administration and Audit) Act 1985, section 3	98 of 1985	4 December 1985	1 July 1986 (see Gazette 30 June 1986 p.2255)
Acts Amendment (Public Service) Act 1987, section 32	113 of 1987	31 December 1987	16 March 1988 (see Gazette 16 March 1988 p.813)
Acts Amendment (Land Administration) Act 1987, Part VIII	126 of 1987	31 December 1987	16 September 1988 (see Gazette 16 September 1988 p.3637)	Section 39: validation¹⁵
Public Works Amendment Act 1991	7 of 1991	13 June 1991	11 July 1991
Financial Administration Legislation Amendment Act 1993, section 11	6 of 1993	27 August 1993	Deemed operative 1 July 1993 (see section 2 (1))
Land (Titles and Traditional Usage) Act 1993, section 45, (Schedule 1, Part 6)	21 of 1993	2 December 1993	2 December 1993	Clause 3 (2): transitional¹⁶
Acts Amendment (Public Sector Management) Act 1994, section 19	32 of 1994	29 June 1994	1 October 1994 (see Gazette 30 September 1994 p.4948)
Public Works Amendment Act 1994	59 of 1994	7 November 1994	5 December 1994	Section 10: transitional¹⁷^; section 11: validation¹⁸
Statutes (Repeals and Minor Amendments) Act 1994, section 4	73 of 1994	9 December 1994	9 December 1994
Energy Corporations (Transitional and Consequential Provisions) Act 1994, section 109	89 of 1994	15 December 1994	1 January 1995 (see section 2 (2) and Gazette 23 December 1994 p.7069)
Hospitals Amendment Act 1994, section 18, (item 18 of table)	103 of 1994	11 January 1995	3 February 1995 (see Gazette 3 February 1995 p.333)
Acts Amendment and Repeal (Native Title) Act 1995, Part 2	52 of 1995	24 November 1995	9 December 1995 (see Gazette 8 December 1995 p.5935)
Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995, section 188	73 of 1995	27 December 1995	1 January 1996 (see section 2 (2) and Gazette 29 December 1995 p.6291)
Local Government (Consequential Amendments) Act 1996, section 4	14 of 1996	28 June 1996	1 July 1996 (see section 2)
Financial Legislation Amendment Act 1996, section 64	49 of 1996	25 October 1996	25 October 1996 (see section 2 (1))
Licensed Surveyors Amendment Act 1996, section 28, (item 3 of table)	79 of 1996	14 November 1996	5 April 1997 (see Gazette 4 April 1997 p.1750)
Transfer of Land Amendment Act 1996, section 153 (1)	81 of 1996	14 November 1996	14 November 1996 (see section 2 (1))
Acts Amendment (Land Administration) Act 1997, Part 35 and section 141	31 of 1997	3 October 1997	30 March 1998 (see section 2 and Gazette 27 March 1998 p.1765)
Dampier to Bunbury Pipeline Act 1997, Division 5 of Schedule 4	53 of 1997	12 December 1997	12 December 1997 (see section 2)
Statutes (Repeals and Minor Amendments) Act 1997, section 78	57 of 1997	15 December 1997	15 December 1997 (see section 2 (1))

NB. The Land Acquisition and Public Works Act 1902 is affected by the Dampier to Bunbury Pipeline Act 1997 (Act No. 53 of 1997), clauses 24-28 of Schedule 4 reads as follows ¾

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24. Sections 29, 29A, and 29B not to apply

Sections 29, 29A, and 29B of the principal Act do not apply to or in relation to land in the DBNGP corridor as defined in section 27 of this Act.

25. Application of section 33A

For the purposes of section 33A of the principal Act, the DBNGP Land Access Minister is a local authority.

26. Section 33F not to apply

Section 33F of the principal Act does not apply to or in relation to the taking of land for the purpose of a conferral of rights by the DBNGP Land Access Minister under section 34 of this Act.

27. Section 45A not to apply

Section 45A of the principal Act does not apply to or in relation to ¾

(a) the taking of land for the purposes of this Act; or

(b) the determination of a question arising upon a claim for compensation under section 42 of this Act.

28. Taking of land to be as if for the conferral of rights

When applying the principal Act, the taking of land for the purposes of Part 4 or Schedule 2 of this Act is to be regarded as being for the purpose of the conferral of rights under Part 4 of this Act, whether or not rights have already been conferred under that Part in respect of the land.

Now see

Land Act 1933

³ Note no longer relevant.

⁴ Note no longer relevant.

⁵ Title amended under section 7 (5) (a) of the Reprints Act 1984 to give effect to section 31 (1) (g) of the Acts Amendment (Public Service) Act 1987.

⁶ Repealed by the Land Act 1933 (Act No. 37 of 1933) section 4.

⁷ Title substituted under section 7 (3) (h) of the Reprints Act 1984.

⁸ Now Department of Land Administration.

⁹ Repealed by the Dividing Fences Act 1961 (Act No. 44 of 1961) section 2 (1).

¹⁰ Repealed by the Roads Act 1911 (Act No. 29 of 1911) section 4.

¹¹ Note no longer relevant.

¹² Repealed by the Western Australian Government Tramways and Ferries Act 1948 (Act No. 52 of 1948) section 3.

¹³ Repealed by the State Transport Co-ordination Act 1966 (Act No. 91 of 1966) section 3.

¹⁴ Note no longer relevant.

¹⁵ Section 39 of the Acts Amendment (Land Administration) Act 1987 (Act No. 126 of 1987) reads as follows ¾

}

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; or

(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.

¹⁶

Clause 3 (2) of Part 6 of Schedule 1 of the

Land (Titles and Traditional Usage) Act 1993

(Act No. 21 of 1993) reads as follows

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(2) Part IIA inserted by subsection (1) does not apply to a proposal to take land if a notice of intention to take the land has been published under section 17 (2) (b) of the principal Act before the commencement of this section.

¹⁷

Section 10 of the

Public Works Amendment Act 1994

(Act No. 59 of 1994) reads as follows

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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.

¹⁸

Section 11 of the

Public Works Amendment Act 1994

(Act No. 59 of 1994) 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; or

(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.

¹⁹

Under section 112 (1) of the

Public Sector Management Act 1994

(Act No. 31 of 1994). This is to be read as a reference to the

Public Sector Management Act 1994

²⁰ Under section 112 (2) of the Public Sector Management Act 1994 (Act No. 31 of 1994) this is to be read as a reference to the Minister for Public Sector Management.

²¹ Renumbering effected in 1927 reprint.

Public Works Act 1902 - NOTES.pdf