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PUBLIC WORKS ACT 1902

Table of Provisions

PART I -- Preliminary  

  • 1 Short title
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  • 2 Terms used
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  • 2A Governor may declare public work
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  • 4 Governor may make regulations for conduct of officers
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  • 5 Minister for Works
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  • 5A Delegation by Minister
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  • 5B Subdelegation of delegated power or duty
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  • 6 Rights, liabilities and interests of Minister devolve on Minister’s successor
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  • 7 Appointment of engineers and other officers

PART IA -- Western Australian Building Management Authority  

  • 9A Terms used
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  • 9B Western Australian Building Management Authority continued as body corporate
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  • 9C Functions and powers of Building Management Authority
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  • 9D Use of staff and facilities of departments, agencies and instrumentalities
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  • 9E Funds of Building Management Authority
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  • 9F Delegation by Building Management Authority
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  • 9G Financial Management Act 2006 and Auditor General Act 2006, application of
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  • 9I Regulations

PART II -- Authorising public works  

  • 10 Entry on land required for a public work
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  • 11 Governor may authorise railways
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  • 28 Power may be exercised after initiation of a public work

PART IV -- Surveys  

  • 82 Powers of entry on lands etc. for survey purposes
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  • 83 Penalty for destroying survey marks etc.

PART IVA -- Investigations for water  

  • 83A Terms used; power of entry
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  • 83B Offences
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  • 83C Compensation

PART V -- Roads, rivers, and bridges  

  • 84 Term used: road
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  • 85 Roads vested in the Crown
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  • 86 Construction and repair of roads and declaration of Government roads
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  • 87 Government roads under exclusive care of Minister
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  • 88 Local laws
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  • 90 Breach of local law
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  • 91 Governor may vest control of any bridge etc. in local authority
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  • 92 Stopping or diverting of road
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  • 93 Improvement of rivers and other watercourses
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  • 94 Construction, repair and maintenance of bridges and culverts

PART VI -- Railways  

  • 95 Term used: railway
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  • 96 Railways to be made only under special Act
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  • 99 Powers to make railways, railway stations etc.
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  • 100 Rights-of-way and traffic where railway made along or across road
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  • 101 Compensation where road interfered with or wholly closed
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  • 102 Government to make crossings to give access to land
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  • 103 Maintenance of public roads at railway crossings and near railway stations
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  • 104 Alterations in roads, drains, pipes etc. to be made without detriment to the public or to owners
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  • 106 Conversion of railway bridge to combined road and railway bridge
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  • 107 Right-of-way and closure of combined road and railway bridges
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  • 108 Tree dangerous to railway to be removed
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  • 109 Penalties for trespassing on railway in course of construction
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  • 110 Crown may elect to erect and maintain fences along boundaries of railways
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  • 111 Impounding animals trespassing on railway in course of construction

PART VIA -- Miscellaneous  

  • 112 Waste management operations at Mt Walton
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  • 113 Delegation of powers and duties under section

PART VII -- General provisions  

  • 113A Property in things placed on the land
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  • 115 Governor may execute instruments
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  • 118 Moneys due by local authority may be deducted from moneys payable to it by Government
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  • 120 Penalty for obstruction, interference, destruction and similar acts; and recovery of costs
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  • 122 Works authorised or anything commenced under repealed enactments
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  • 123 Public works under previous Acts to be deemed constructed under this Act

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