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PUBLIC WORKS AND PROCUREMENT ACT 1912 - As at 30 May 2023 - Act 45 of 1912

- As at 30 May 2023 - Act 45 of 1912

Table of Provisions

PART 1 - PRELIMINARY

PART 2 - THE PARLIAMENTARY STANDING COMMITTEE ON PUBLIC WORKS

Division 1 - Constitution of and general provisions relating to the Committee

Division 2 - Powers of the Committee

Division 3 - Sectional committee

Division 4 - Committee's remuneration

  • 29 Fees to be paid to members of Committee
  • 30 Fees to be a charge on consolidated revenue
  • 31 Travelling expenses
  • 32. (Repealed)
  • 33 Office of profit

PART 3 - PUBLIC WORKS, HOW AUTHORISED AND HOW CONTRACTS MADE

  • 34 Conditions precedent to commencing public works
  • 35 Notification of resolution
  • 36 Under what circumstances negatived proposals may be re-submitted
  • 37 Resolution when to be sufficient authority for execution of works etc
  • 38 Contracts how made

PART 4 - PRELIMINARY CONDITIONS RELATING TO THE ACQUISITION OF LAND

PART 5 - (Repealed)

None

PART 6 - PROVISIONS APPLICABLE TO EVERY CASE WHERE LAND IS TAKEN OR ACQUIRED UNDER THIS ACT

Division 1 - Interpretation

Division 6 - Powers and duties of Constructing Authority

  • 80 Powers of Constructing Authority
  • 81. (Repealed)
  • 82 Power to take temporary possession of land
  • 83 Authority to separate the lands before using them
  • 84 Compensation to be made for temporary occupation
  • 85 Claims for compensation
  • 86 Crossing of roads
  • 87 Before roads interfered with, others to be substituted
  • 88 Remedy for damage from interruption of road
  • 89 Restoration of roads interfered with
  • 90 Approaches and fences
  • 91 Accommodation works
  • 91A Fences--transferred railway provisions
  • 92 Differences as to accommodation works to be settled by Governor
  • 93 Power to owners of lands to make additional accommodation works
  • 94 Such works to be constructed under the superintendence of the Constructing Authority's engineer
  • 95 Owners to be allowed to cross until accommodation works are made
  • 96 As to damages
  • 97 Houses not to be damaged without notice

Division 7 - Superfluous lands

  • 98 Sale or lease of lands not wanted for any work
  • 99 Lands to be conveyed to the purchasers
  • 100 Receipts

PART 7 - (Repealed)

None

PART 8 - PROVISIONS APPLICABLE IN EVERY CASE WHERE LAND IS TAKEN OR ACQUIRED FOR AUTHORISED WORKS

Division 1 - Exercise of powers by Constructing Authority

  • 132 Powers of purchasing lands
  • 133 Powers of sale and purchase of lands
  • Divisions 2, 3 - (Repealed) None

Division 4 - Lands containing minerals

Division 5 - Gates

  • 150 Penalty on persons omitting to fasten gates

PART 9 - NATIONAL WORKS

  • 151 Declaration of national works
  • 152 Functions of Minister
  • 153 National works may be handed over to councils
  • 154 National works etc may be handed over to Transport for NSW
  • 155 Resolution of disputes
  • 156 Closure of national works
  • 157 Appointment of councils as agents
  • 158 Regulations
  • 159 Proceedings for offences

PART 10 - OTHER MATTERS RELATING TO COUNCILS ETC

  • 160 Minister to have certain functions
  • 161 Minister may construct works etc on behalf of councils

PART 11 - PROCUREMENT OF GOODS AND SERVICES

Division 1 - Preliminary

Division 2 - NSW Procurement Board

  • 164 Establishment of NSW Procurement Board
  • 165 Membership of Board
  • 166 Ministerial control
  • 167 Subcommittees of Board
  • 168 Advisory groups
  • 169 Delegation of Board's functions
  • 170 Annual report of Board

Division 3 - Objectives and functions of Board

  • 171 Objectives of Board
  • 172 Functions of Board
  • 173 Competitive neutrality in tendering

Division 4 - Procurement arrangements

  • 174 Procurement of goods and services by government agencies
  • 175 Board may issue directions or policies for government agencies
  • 176 Obligations of government agencies

Division 5 - Complaints concerning enforceable procurement provisions

  • 176A Affected applicant may make complaint
  • 176B Investigation of complaint
  • 176C Suspension of procurement

Division 6 - Injunctions and compensation for contraventions of enforceable procurement provisions

  • 176D Supreme Court may grant injunctions
  • 176E Preconditions for granting injunctions
  • 176F Compensation for contravention
  • 176G Public interest certificates
  • 176H Rules of court
  • 176I Division does not limit remedial powers of Supreme Court

Division 7 - General

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