New South Wales Consolidated Acts

PUBLIC WORKS ACT 1912 - SECT 34

34 Conditions precedent to commencing public works

(1) No public work of any kind, the estimated cost of completing which exceeds $1,000,000, and whether such work is a continuation, completion, repair, reconstruction, extension, or a new work, shall be commenced, unless sanctioned as hereinafter provided:

(a) Every such proposed work shall, in the first place, be submitted and explained in the Legislative Assembly by some member of the Executive Council having a seat in such Assembly (hereafter termed “the Minister”).
The explanation shall comprise an estimate of the cost of such work when completed, together with such plans and specifications or other descriptions as the Minister deems proper, and an estimate of the probable revenue to be derived therefrom. Such estimate, plans, specifications, or descriptions shall be prepared and be authenticated or verified in the prescribed manner.

(b) Upon motion, in the usual manner, made by the Minister or by any member of the Assembly such proposed work shall be referred to the Committee for their report thereon.

(c) The Committee shall, with all convenient dispatch, deal with the matter so referred to them, and, for that purpose may exercise all powers by this Act conferred on such Committee.

(d) The Committee shall, as soon as conveniently practicable, regard being had to the nature and importance of the proposed work, report to the Legislative Assembly the result of their inquiries.

(e) After the receipt of such report the said Assembly shall, by resolution, declare, either that it is expedient to carry out the proposed work or that it is not expedient to carry out the same.

Provided that the said Assembly, instead of declaring affirmatively or negatively as aforesaid, may resolve that the report of the Committee shall, for reasons or purposes to be stated in the resolution, be remitted for their further consideration and report to the said Committee; in which case such Committee shall consider the matter of such new reference, and report thereon accordingly.

(2) Provided that the Governor may, with respect to any public work the estimated cost of which does not exceed $1,000,000, direct that the same shall be carried out under this Act, in which case all 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”.

(3) Where the council of an area within the meaning of the Local Government Act 1993 has made an application under section 57 of that Act for the construction, by the Minister, of a work of water supply or sewerage or any work incidental to water supply or sewerage, for the council’s area or part thereof, or for two or more areas as defined in the said Act or parts thereof, the Governor, notwithstanding that the estimated cost of the work exceeds the sum of $1,000,000, may direct that the work shall be carried out under this Act, in which case all the powers and provisions of this Act relating to authorised work shall be applicable to such work, and the same shall for the purposes of this Act be deemed to be an authorised work.

(4) Where the Minister is of opinion that a work of water supply, sewerage or drainage should be constructed, the Governor, notwithstanding that the estimated cost of the work exceeds the sum of $1,000,000, may direct that such work shall be carried out under this Act, in which case all the powers and provisions of this Act relating to authorised works shall be applicable to such work, and the same shall for the purposes of this Act be deemed to be an authorised work.

(5) For the purposes of this section, an extension or improvement of a work of water supply, sewerage or drainage shall be deemed to be an authorised work.

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

(a) a public school, a teachers’ college, a technical college or a detention centre within the meaning of the Children (Detention Centres) Act 1987 ,

(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, notwithstanding that the estimated cost of the work exceeds the sum of $1,000,000, may direct that such work shall be carried out under this Act, in which case all 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.