New South Wales Consolidated Acts

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PUBLIC WORKS AND PROCUREMENT ACT 1912


- As at 30 May 2023 
- Act 45 of 1912 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Repeals and savings
   3.      Definitions
   4.      Incorporation of Constructing Authority
   4A.     (Repealed)
   5.      Regulations
   5A.     Savings and transitional provisions
   5B.     Delegation by Minister or Constructing Authority

   PART 2 - THE PARLIAMENTARY STANDING COMMITTEE ON PUBLIC WORKS

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

   6.      Definitions
   7.      Constitution etc of Parliamentary Committee on Public Works
   8.      Names of members to be notified
   9.      Election of members of Parliamentary Standing Committee on Public Works
   10.     Election of members of Legislative Council as members of Committee
   11.     Vacation of office
   12.     Vacancies
   13.     Quorum
   14.     Chair or Deputy Chair
   15.     Division--casting vote
   16.     Declaration of members of Committee
   17.     Power to sit during recess, and in open court
   18.     Reports
   19.     Minutes
   20.     Evidence taken before previous Committees

           Division 2 - Powers of the Committee

   21.     Powers of Committee
   22.     Powers of Committee in respect of witnesses
   23.     Assessors
   24.     Functions of Committee

           Division 3 - Sectional committee

   25.     Constitution etc of sectional committees
   26.     Further powers of sectional committee
   27.     Reports of sectional committees
   28.     Limit of number of sectional committees etc

           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     (Repealed)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

   39.     Acquisition of land for authorised works
   40.     Acquisition of land for public purposes other than authorised works
   41.     Public works etc specified

   PART 5 - (Repealed)
   None

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

           Division 1 - Interpretation

   50.     Definition
           Divisions 2-5 - (Repealed)
           None

           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

   140A.   Act subject to Mining Act 1973 and Coal Mining Act 1973
   141.    Constructing Authority entitled to minerals
   142.    Working of mines on or near authorised work
   143.    If Constructing Authority unwilling to purchase, owner may work the mines
   144.    Mining communications
   145.    Constructing Authority to make compensation for injury done to mines
   146.    Constructing Authority to make compensation for any airway or other work made necessary by the railway
   147.    Power to Constructing Authority to enter and inspect the working of mines
   148.    Penalty
   149.    Mines worked contrary to this Act

           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

   162.    Definitions
   163.    Application of Part

           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

   176J.   Contravention of enforceable procurement provision does not affect validity of contract
   177.    Delegation of functions by government agencies
   178.    Regulations
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           Schedule 6 (Repealed)
           SCHEDULE 9


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