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 (Repealed)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 (Repealed)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PART 5 - (Repealed)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Divisions 2-5 - (Repealed)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 (Repealed)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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