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PUBLIC WORKS AND PROCUREMENT ACT 1912 - SECT 34
Conditions precedent to commencing public works
34 Conditions precedent to commencing public works
(1) No public work of any kind, the estimated cost of completing which exceeds
$1,000,000, and whether such work is a continuation, completion, repair,
reconstruction, extension, or a new work, shall be commenced, unless
sanctioned as hereinafter provided--
(a) Every such proposed work shall, in the first place, be submitted and
explained in the Legislative Assembly by some member of the Executive Council
having a seat in such Assembly (hereafter termed "the Minister").
The explanation shall comprise an estimate of the cost of such work when
completed, together with such plans and specifications or other descriptions
as the Minister deems proper, and an estimate of the probable revenue to be
derived therefrom. Such estimate, plans, specifications, or descriptions shall
be prepared and be authenticated or verified in the prescribed manner.
(b)
Upon motion, in the usual manner, made by the Minister or by any member of the
Assembly such proposed work shall be referred to the Committee for their
report thereon.
(c) The Committee shall, with all convenient dispatch, deal
with the matter so referred to them, and, for that purpose may exercise all
powers by this Act conferred on such Committee.
(d) The Committee shall, as
soon as conveniently practicable, regard being had to the nature and
importance of the proposed work, report to the Legislative Assembly the result
of their inquiries.
(e) After the receipt of such report the said Assembly
shall, by resolution, declare, either that it is expedient to carry out the
proposed work or that it is not expedient to carry out the same.
Provided that
the said Assembly, instead of declaring affirmatively or negatively as
aforesaid, may resolve that the report of the Committee shall, for reasons or
purposes to be stated in the resolution, be remitted for their further
consideration and report to the said Committee; in which case such Committee
shall consider the matter of such new reference, and report thereon
accordingly.
(2) Provided that the Governor may, with respect to any public work the
estimated cost of which does not exceed $1,000,000, direct that the same shall
be carried out under this Act, in which case all the powers and provisions of
this Act relating to authorised works shall be applicable to such work, and
the same shall for all purposes of this Act be deemed to be an "authorised
work", and the Minister on whom the carrying out of such work devolves shall
for the like purposes be deemed a "Constructing Authority".
(3) Where the
council of an area within the meaning of the Local Government Act 1993 has
made an application under section 57 of that Act for the construction, by
the Minister, of a work of water supply or sewerage or any work incidental to
water supply or sewerage, for the council's area or part thereof, or for two
or more areas as defined in the said Act or parts thereof, the Governor,
notwithstanding that the estimated cost of the work exceeds the sum of
$1,000,000, may direct that the work shall be carried out under this Act, in
which case all the powers and provisions of this Act relating to
authorised work shall be applicable to such work, and the same shall for the
purposes of this Act be deemed to be an authorised work.
(4) Where
the Minister is of opinion that a work of water supply, sewerage or drainage
should be constructed, the Governor, notwithstanding that the estimated cost
of the work exceeds the sum of $1,000,000, may direct that such work shall be
carried out under this Act, in which case all the powers and provisions of
this Act relating to authorised works shall be applicable to such work, and
the same shall for the purposes of this Act be deemed to be an
authorised work.
(5) For the purposes of this section, an extension or
improvement of a work of water supply, sewerage or drainage shall be deemed to
be an authorised work.
(6) Where the Minister is of opinion that a work
being-- (a) a public school, a teachers' college, a technical college or a
detention centre within the meaning of the Children (Detention Centres) Act
1987 ,
(b) a hospital, or a mental hospital, or an institution for the
treatment of the physically or mentally ill,
(c) public offices or a public building,
should be constructed, the Governor,
notwithstanding that the estimated cost of the work exceeds the sum of
$1,000,000, may direct that such work shall be carried out under this Act, in
which case all the powers and provisions of this Act relating to
authorised works shall be applicable to such work, and the same shall for all
purposes of this Act be deemed to be an "authorised work" and the Minister on
whom the carrying out of such work devolves shall for the like purposes be
deemed a "Constructing Authority".
For the purposes of this subsection any such work shall include its
continuation, completion, repair, reconstruction or extension.
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