New South Wales Consolidated Acts

PUBLIC WORKS ACT 1912 - SECT 82

82 Power to take temporary possession of land

(1) The Constructing Authority and all persons authorised by the Constructing Authority may enter, from time to time, upon any lands:

(a) being within a distance of not more than 200 metres from the nearest boundary of the public work, as delineated on the plans thereof, and

(b) not being a garden, orchard, or plantation attached or belonging to a house, nor a park, planted walk, avenue, or ground ornamentally planted, and

(c) not being nearer to the dwelling-house of the owner of any such lands than a distance of 500 metres,

and may occupy the said lands, as long as may be necessary for the construction, reconstruction, repair, alteration, addition, to, or extension of the public works or the works connected therewith, and may use the same for any of the following purposes (that is to say):

(d) for the purpose of taking earth or soil by side cuttings therefrom,

(e) for the purpose of depositing soil thereon,

(f) for the purpose of obtaining materials therefrom for the construction, reconstruction, repair, alteration, addition to or extension of the public work or such other works as aforesaid,

(g) for the purpose of forming roads thereon to, or from, or by the side of the public work.

(2) In exercise of the powers aforesaid the Constructing Authority and all such persons may deposit, and also manufacture and work upon such lands materials of every kind used in constructing the public work, and also may take from any such lands any timber, and also dig and take from or out thereof any clay, stone, gravel, sand, or other things found therein, useful or proper for constructing the said work or any such roads as aforesaid, and for the purposes aforesaid may erect thereon workshops, sheds, and other buildings of a temporary nature.

(3) Nothing in this Act contained shall exempt the Constructing Authority from any action for nuisance or other injury, if any, done in the exercise of the powers hereinbefore given, to the lands or habitations of any party other than the party whose lands shall be so taken or used for any of the purposes aforesaid.

(4) Provided that no stone or slate quarry, brickfield, or other like place which, at the time of the passing of this Act is commonly worked or used for getting materials therefrom for the purpose of selling or disposing of the same, shall be taken or used by the Constructing Authority, either wholly or in part, for any of the purposes lastly hereinbefore mentioned.