Tasmania: Public Works Construction Act 1880 (Tas)

Public Works Construction Act 1880 An Act to provide for the construction and execution of public works [Royal Assent 1 November 1880] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1. Interpretation In relation to any public work, references in this Act to the Minister shall be construed as including, as well as a reference to the Minister for the time being administering this Act, references to the Minister authorized to carry out that work or administering the Act by which it is authorized. 2. Purchase of land for constructing, &c., works For the purpose of constructing and completing any public work which any Minister is authorized by law to construct or execute, the Minister is hereby empowered to purchase and take, in the mode prescribed by the Land Acquisition Act 1993 , such land as he deems necessary; and, subject to the provisions of this Act, the Land Acquisition Act 1993 shall be incorporated with this Act. 3. Contracts for purchase of land to be made by Minister All contracts and other instruments for the purchase of any land for the purposes of this Act shall be made by, to, and with the Minister; and every such contract and other instrument shall be valid and effectual notwithstanding any change in the person who is the Minister, and may be enforced against the Minister for the time being. 4. Entry upon land (1) Whenever it is intended to take any land for any of the purposes of this Act, it shall be lawful for the Minister, after seven days' notice served upon the occupier to enter upon any land and to stake out the same in such manner as the Minister thinks necessary or expedient. (2) No person shall wilfully pull up, remove, or destroy the stakes or other marks used for the purposes aforesaid. Penalty: Fine not exceeding 1 penalty unit. 5. Renting land It shall be lawful for the Minister to contract and agree with the persons interested in any land for the demise of such land for the purpose of obtaining materials from such land for any of the purposes of this Act. 6. Timber may be taken from uncultivated land upon making compensation It shall be lawful for the Minister, after twenty-one days' notice to the owner or occupier, to enter upon any uncultivated land, and to cut down and carry away all such indigenous timber as may be required for any of the purposes of this Act, making full compensation for such timber to the owner of the land; but it shall not be lawful for the Minister to cut down any such indigenous timber where it is made to appear to his satisfaction that the same has been, and is intended to be, reserved and used by the owner or occupier of the land for the purpose of ornament or shelter. 7. Materials may be taken from land upon making compensation Where it is deemed necessary to obtain materials for the construction or repair of any works, or any other of the purposes of this Act, from any land, it shall be lawful for the Minister, after twenty-one days' notice to the owner or occupier, to enter upon such land, and to dig, quarry, and carry away all such materials as may be required for any such purpose, making full compensation to all parties interested for the material taken, and the damage thereby sustained. 8. Compensation for timber, &c.: How ascertained (1) The compensation for taking indigenous timber from uncultivated land, or materials from any land, for the purposes of this Act is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 . (2) Before commencing operations under the powers conferred by sections five and six in respect of fenced land, the Minister shall cause to be erected such gates, if any, as may be necessary and sufficient to prevent any stock straying from or upon such land. 8AA. Functions of Director of Public Works to be performed by other persons Where by any Act any functions are conferred on the Director of Public Works those functions may be performed by the holder of such office in the State Service as the Minister administering this Act may, by order, declare. 8A. Regulations (1) The Governor may make regulations for the purposes of this Act. (2) . . . . . . . . (3) Regulations under this section may authorize the Minister to delegate, with or without restrictions or conditions, any of the powers and duties conferred on him by the regulations. 9. Short title This Act may be cited as the Public Works Construction Act 1880 . SCHEDULE 1