Public Works Act 1902 (WA)

Western Australia Public Works Act 1902 Western Australia Public Works Act 1902 Contents Part I — Preliminary 1. Short title 2 2. Terms used 2 2A. Governor may declare public work 3 4. Governor may make regulations for conduct of officers 4 5. Minister for Works 4 5A. Delegation by Minister 5 5B. Subdelegation of delegated power or duty 6 6. Rights, liabilities and interests of Minister devolve on Minister's successor 8 7. Appointment of engineers and other officers 8 Part IA — Western Australian Building Management Authority 9A. Terms used 10 9B. Western Australian Building Management Authority continued as body corporate 10 9C. Functions and powers of Building Management Authority 11 9D. Use of staff and facilities of departments, agencies and instrumentalities 13 9E. Funds of Building Management Authority 14 9F. Delegation by Building Management Authority 16 9G. Financial Management Act 2006 and Auditor General Act 2006, application of 16 9I. Regulations 17 Part II — Authorising public works 10. Entry on land required for a public work 18 11. Governor may authorise railways 18 28. Power may be exercised after initiation of a public work 19 Part IV — Surveys 82. Powers of entry on lands etc. for survey purposes 20 83. Penalty for destroying survey marks etc. 20 Part IVA — Investigations for water 83A. Terms used; power of entry 22 83B. Offences 23 83C. Compensation 23 Part V — Roads, rivers, and bridges 84. Term used: road 25 85. Roads vested in the Crown 25 86. Construction and repair of roads and declaration of Government roads 25 87. Government roads under exclusive care of Minister 26 88. Local laws 26 90. Breach of local law 27 91. Governor may vest control of any bridge etc. in local authority 27 92. Stopping or diverting of road 29 93. Improvement of rivers and other watercourses 30 94. Construction, repair and maintenance of bridges and culverts 30 Part VI — Railways 95. Term used: railway 31 96. Railways to be made only under special Act 31 99. Powers to make railways, railway stations etc. 32 100. Rights-of-way and traffic where railway made along or across road 33 101. Compensation where road interfered with or wholly closed 34 102. Government to make crossings to give access to land 35 103. Maintenance of public roads at railway crossings and near railway stations 35 104. Alterations in roads, drains, pipes etc. to be made without detriment to the public or to owners 36 106. Conversion of railway bridge to combined road and railway bridge 36 107. Right‑of‑way and closure of combined road and railway bridges 37 108. Tree dangerous to railway to be removed 37 109. Penalties for trespassing on railway in course of construction 37 110. Crown may elect to erect and maintain fences along boundaries of railways 38 111. Impounding animals trespassing on railway in course of construction 38 Part VIA — Miscellaneous 112. Waste management operations at Mt Walton 40 113. Delegation of powers and duties under section 112 41 Part VII — General provisions 113A. Property in things placed on the land 42 115. Governor may execute instruments 42 118. Moneys due by local authority may be deducted from moneys payable to it by Government 42 120. Penalty for obstruction, interference, destruction and similar acts; and recovery of costs 43 122. Works authorised or anything commenced under repealed enactments 43 123. Public works under previous Acts to be deemed constructed under this Act 44 Schedule 1 — Classes of public work Notes Compilation table 51 Other notes 56 Defined terms Western Australia Public Works Act 1902 An Act relating to public works. [Long title inserted: No. 31 of 1997 s. 38.] Part I — Preliminary [Heading inserted: No. 19 of 2010 s. 43(3)(a).] 1. Short title This Act may be cited as the Public Works Act 1902. [Section 1 inserted: No. 123 of 1984 s. 3; amended: No. 52 of 1995 s. 5; No. 31 of 1997 s. 39.] [Heading deleted: No. 19 of 2010 s. 43(3)(b).] 2. Terms used In this Act, if not inconsistent with the context — Crown land means and includes all land of the Crown, whether designated for any public purpose or not, except land granted or agreed to be granted in fee simple, or held or occupied under the Crown by lease or licence, or for any other estate or interest, or land reserved and classified as a class A reserve under the Land Administration Act 1997, or any national park referred to in section 6(3)(b) of the Conservation and Land Management Act 1984 or land in relation to which native title exists; Government work means any work constructed or intended to be constructed by or under the control of the Crown, or the Governor, or the Government of Western Australia, or any Minister of the Crown; hospital has the meaning given in the Health Services Act 2016 section 6; judge means a judge of the Supreme Court; local authority means any local government or any other persons or body, however designated, having authority under any statute to undertake the construction of any public work; Minister as regards all public works other than railways, means the Minister of the Crown for the time being administering this Act but as regards railways, Minister means the Minister of the Crown for the time being administering the Government Railways Act 1904; public reserve means a reserve under the Land Administration Act 1997; Public Transport Authority means the Public Transport Authority of Western Australia established by the Public Transport Authority Act 2003 section 5; public work means a work, facility, building, structure or other thing that is — (a) declared, or of a class declared, under section 2A to be a public work; or (b) of a class described in Schedule 1; railway: see section 95; river means a river, stream, creek, or watercourse, in which water flows permanently or intermittently; road: see section 84; special Act means any Act of the Parliament of Western Australia with which this Act is incorporated, authorising the construction of a public work; surveyor means a surveyor licensed under the Licensed Surveyors Act 1909. [Section 2 amended: No. 35 of 1933 s. 3; No. 41 of 1945 s. 2; No. 48 of 1953 s. 3; No. 19 of 1972 s. 2; No. 27 of 1974 s. 19; No. 67 of 1979 s. 35; No. 112 of 1984 s. 27; No. 7 of 1991 s. 3; No. 103 of 1994 s. 18; No. 52 of 1995 s. 6; No. 14 of 1996 s. 4; No. 79 of 1996 s. 28; No. 31 of 1997 s. 40; No. 31 of 2003 s. 160; No. 28 of 2006 s. 334; No. 19 of 2010 s. 51; No. 11 of 2016 s. 300; No. 4 of 2023 s. 94.] 2A. Governor may declare public work (1) The Governor may, by order, declare a work, facility, building, structure or other thing specified in the order, or of a class specified in the order, to be a public work. (2) An order under subsection (1) is subsidiary legislation for the purposes of the Interpretation Act 1984. [Section 2A inserted: No. 4 of 2023 s. 95.] [3. Omitted under the Reprints Act 1984 s. 7(4)(e) and (f).] 4. Governor may make regulations for conduct of officers The Governor may make regulations for the conduct of all persons employed by the Government under this Act, or in or about any works which may be constructed by the Government under the authority thereof. 5. Minister for Works [(1), (2) deleted] (3) The Minister of the Crown for the time being administering this Act shall for the purposes of this Act become and continue to be a body corporate under the name of the "Minister for Works" with perpetual succession and a common seal; and by that name shall be capable of suing and being sued, acquiring, holding, letting and taking land on lease, and alienating real and personal property, and of doing and suffering all such other acts and things as may be necessary or expedient for carrying out the purposes of this Act. (4) The functions of the Minister are — (a) to undertake, construct, provide, alter, protect, repair or manage any public work; and (b) for the purposes of paragraph (a) — (i) to acquire, hold, take on lease, exchange, amalgamate, subdivide, alter, develop, improve or dispose of land; and (ii) to lease, or grant easements or other interests in or rights over, land acquired, held or taken on lease under subparagraph (i); and (c) any other functions conferred on the Minister under this Act or any other Act. (5) The Minister has power to do all things necessary or convenient for or in connection with the performance of the Minister's functions. [Section 5 amended: No. 35 of 1933 s. 4; No. 41 of 1945 s. 3; No. 27 of 1974 s. 20; No. 4 of 2023 s. 96.] 5A. Delegation by Minister The Minister may, in writing and either generally or as otherwise provided by the instrument of delegation, delegate to — (a) any officer of the Public Service of the State under the administrative control of the Minister and assisting the Minister in the administration of this Act; or (b) the Minister of the Crown to whom the administration of the Land Administration Act 1997 is for the time being committed by the Governor; or (c) the Minister of the Crown to whom the administration of the Main Roads Act 1930 is for the time being committed by the Governor; or (d) the Minister of the Crown to whom the administration of the Electricity Corporations Act 2005 is for the time being committed by the Governor; or [(da) deleted] (db) the DBNGP Land Access Minister established by section 29(1) of the Dampier to Bunbury Pipeline Act 1997; or (e) the Minister of the Crown to whom the administration of the Water Services Act 2012 is for the time being committed by the Governor; or (ea) the Minister of the Crown to whom the administration of the Water Agencies (Powers) Act 1984 is for the time being committed by the Governor; or (f) the Treasurer; or (g) the Minister of the Crown to whom the administration of the Marine and Harbours Act 1981 is for the time being committed by the Governor, any of the Minister's powers or duties under this Act, except this power of delegation. [Section 5A inserted: No. 126 of 1987 s. 38; amended: No. 7 of 1991 s. 4; No. 32 of 1994 s. 19; No. 59 of 1994 s. 3; No. 89 of 1994 s. 109; No. 73 of 1995 s. 188; No. 31 of 1997 s. 41 and 141; No. 53 of 1997 s. 52; No. 58 of 1999 s. 107(a); No. 24 of 2000 s. 35(1); No. 18 of 2005 s. 139; No. 38 of 2007 s. 198(2); No. 25 of 2012 s. 225(2); No. 4 of 2023 s. 97 and 101.] 5B. Subdelegation of delegated power or duty (1) A Minister of the Crown to whom a power or duty has been delegated under section 5A may, in writing and either generally or as otherwise provided by the instrument of delegation, delegate — (a) in the case of the Minister of the Crown referred to in section 5A(b), to the chief executive officer of the department principally assisting that Minister of the Crown in the administration of the Land Administration Act 1997 or to any other officer of that department; or (b) in the case of the Minister of the Crown referred to in section 5A(c), to the Commissioner within the meaning of the Main Roads Act 1930 or to any officer of that Commissioner; or (c) in the case of the Minister of the Crown referred to in section 5A(d), to a body established by the Electricity Corporations Act 2005 section 4(1) or to an officer of such a body; or [(ca) deleted] (cb) in the case of the DBNGP Land Access Minister established by section 29(1) of the Dampier to Bunbury Pipeline Act 1997, to the chief executive officer of the department principally assisting the DBNGP Land Access Minister in the administration of Part 4 of that Act or to any other officer of that department; or (d) in the case of the Minister of the Crown referred to in section 5A(e), to the holder of a licence granted under the Water Services Act 2012 section 11 or to any officer or employee of the holder of the licence; or (da) in the case of the Minister of the Crown referred to in section 5A(ea), to the chief executive officer of the department principally assisting that Minister in the administration of the Water Agencies (Powers) Act 1984 or an officer of that department; or (db) in the case of the Minister of the Crown referred to in section 5A(f), to the chief executive officer of the department principally assisting that Minister in the administration of the Financial Management Act 2006 or to any other officer of that department; or (e) in the case of the Minister of the Crown referred to in section 5A(g), to the chief executive officer of the department principally assisting that Minister of the Crown in the administration of the Marine and Harbours Act 1981 or to any other officer of that department, the whole or any part of the power or duty. (2) A Minister of the Crown shall as soon as is practicable after exercising the power of delegation conferred by subsection (1) transmit to the Minister a copy of the instrument by which that power was exercised. [Section 5B inserted: No. 126 of 1987 s. 38; amended: No. 59 of 1994 s. 4; No. 89 of 1994 s. 109; No. 73 of 1995 s. 188; No. 31 of 1997 s. 141; No. 53 of 1997 s. 52; No. 58 of 1999 s. 107(b); No. 24 of 2000 s. 14(13) and 35(4); No. 18 of 2005 s. 139; No. 77 of 2006 Sch. 1 cl. 140(1); No. 38 of 2007 s. 198(3) ; No. 25 of 2012 s. 225(3); No. 25 of 2013 s. 45; No. 4 of 2023 s. 98.] 6. Rights, liabilities and interests of Minister devolve on Minister's successor Where the Minister enters into any contract or agreement, under seal or otherwise, or makes any lease or grants any easement, under this or any other Act, all the rights and liabilities in respect thereof, and all benefit and advantage thereunder, or interest therein, shall vest in and be enforceable by and against the Minister's successor or successors in office, without the necessity of any transfer or assignment whatsoever. [Section 6 amended: No. 4 of 2023 s. 101.] 7. Appointment of engineers and other officers (1) The Governor may create such offices, and appoint such engineers, architects, clerks, and other officers and persons as may be necessary for the administration of this Act, and for the execution of all Government works; and may assign such functions as the Governor shall think fit to such persons respectively, all of whom shall hold office at the Governor's pleasure, and shall receive such salaries as Parliament determines. (2) Notwithstanding anything in subsection (1), to the extent that there is in the case of a person who is appointed under that subsection to be an engineer, architect, clerk or other officer or other person and who is a member of the Senior Executive Service within the meaning of the Public Sector Management Act 1994 an inconsistency between this Act and that Act that Act shall prevail. [Section 7 amended: No. 113 of 1987 s. 32; No. 4 of 2023 s. 101.] [8, 9. Deleted: No. 98 of 1985 s. 3.] Part IA — Western Australian Building Management Authority [Heading inserted: No. 123 of 1984 s. 4; amended: No. 59 of 1994 s. 9.] 9A. Terms used In this Part, unless the contrary intention appears — Account means the Western Australian Building Management Authority Account continued in existence by section 9E(1); authorised buildings means buildings or structures which are public works and works ancillary to any such buildings or structures; borrow includes — (a) reborrow; and (b) obtain credit; and (c) arrange for financial accommodation; Building Management Authority means the body corporate called the Western Australian Building Management Authority continued in existence by section 9B(1). [Section 9A inserted: No. 123 of 1984 s. 4; amended: No. 59 of 1994 s. 5.] 9B. Western Australian Building Management Authority continued as body corporate (1) From the commencement of the Public Works Amendment Act 1994, the Western Australian Building Authority previously established by this section continues in existence as a body corporate but is called the Western Australian Building Management Authority. (1a) The change of name of the body corporate does not affect its legal identity. (2) The Building Management Authority — (a) consists of the Minister for Works referred to in section 5(3); and (b) under its corporate name — (i) has perpetual succession and a common seal; and (ii) may sue and be sued in any court; and (iii) subject to this Part, is capable of doing and suffering all such acts and things as bodies corporate may lawfully do and suffer. (3) The common seal of the Building Management Authority shall — (a) be kept in such custody as the Building Management Authority directs; and (b) not be used except as authorised by the Building Management Authority. (4) When a document purporting to bear the common seal of the Building Management Authority is produced before any court, judge or person acting judicially, that court, judge or person shall, unless the contrary is proved, presume that — (a) that document bears that common seal; and (b) that common seal was duly affixed to that document. (5) The Building Management Authority is an agent of the Crown in right of the State and, except as provided in section 9C(7), enjoys the status, immunities and privileges of the Crown. [Section 9B inserted: No. 123 of 1984 s. 4; amended: No. 59 of 1994 s. 6 and 9.] 9C. Functions and powers of Building Management Authority (1) The functions of the Building Management Authority are — (a) to acquire, hold, lease, take on lease, dispose of, exchange, provide, construct, alter, protect or manage authorised buildings, and to acquire, hold, take on lease or dispose of land for that purpose; and (b) to borrow moneys for the purpose of the acquisition, provision, construction, alteration, protection or management of authorised buildings and for the purpose of acquiring, holding or taking on lease land in connection with that acquisition, provision, construction, alteration, protection or management; and (c) generally to develop land acquired, held or taken on lease by it for the purposes of this Part. (2) Subject to this Part, the Building Management Authority may, with the approval of the Treasurer, borrow moneys from any person in the performance of the functions of the Building Management Authority on such terms and conditions and in such manner as the Treasurer approves. (3) The Treasurer may, in the name and on behalf of the Crown in right of the State, guarantee — (a) repayment of; and (b) payment of interest on, and of brokerage, commission, fees and other expenses incurred in respect of, moneys borrowed by the Building Management Authority under subsection (2), and any liability of the Crown arising out of any such guarantee is to be charged to moneys in the Consolidated Account, which to the necessary extent is hereby appropriated accordingly. (4) A guarantee given under subsection (3) shall be in such form and subject to such terms and conditions as the Treasurer determines and, without limiting the generality of the foregoing, shall be subject to a condition that the lender shall not, without the consent in writing of the Treasurer, assign or encumber the benefit of the guarantee. (5) The Building Management Authority may — (a) subdivide, and grant easements and other interests in or rights over; and (b) provide, arrange for the provision of or cause to be provided energy resources, roads, sewerage, drainage or water or any other resource or service conducive to the development of, land acquired, held or taken on lease by it in the performance of its functions. (6) The Building Management Authority has power to do all things necessary or convenient for or in connection with the performance of its functions. (7) Nothing in this Part is to be read as conferring on the Building Management Authority in the performance of its functions any immunity from the operation of any written law. [Section 9C inserted: No. 123 of 1984 s. 4; amended: No. 6 of 1993 s. 11; No. 59 of 1994 s. 7 and 9; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.] 9D. Use of staff and facilities of departments, agencies and instrumentalities The Building Management Authority may by arrangement made between it and the Minister concerned, and on such terms and conditions as may be mutually arranged by it with that Minister and, if appropriate, with the Public Sector Commissioner, make use, either full‑time or part‑time, of — (a) the services of any person for the time being holding or acting in any office under Part 3 of the Public Sector Management Act 1994 or in a State agency or instrumentality or otherwise in the service of the Crown in right of the State; or (b) any facilities of a department or of a State agency or instrumentality. [Section 9D inserted: No. 123 of 1984 s. 4; amended: No. 113 of 1987 s. 32; No. 32 of 1994 s. 19; No. 59 of 1994 s. 9; No. 39 of 2010 s. 89.] 9E. Funds of Building Management Authority (1) From the commencement of the Public Works Amendment Act 1994, the Western Australian Building Authority Account previously established by this section continues in existence but is called the Western Australian Building Management Authority Account. (2) The funds available for the purpose of enabling the Building Management Authority to perform its functions under this Part consist of — (a) moneys from time to time appropriated by Parliament; and (b) all moneys borrowed by the Building Management Authority under this Part; and (c) the proceeds of sales by the Building Management Authority of any of its assets; and (d) rents derived from authorised buildings of the Building Management Authority leased by it to other persons; and (e) interest earned on moneys temporarily invested under subsection (5); and (f) any moneys, other than moneys referred to in paragraphs (a), (b), (c), (d) and (e), lawfully received by, made available to or payable to the Building Management Authority. (3) The funds referred to in subsection (2) shall be credited to the Account. (4) The Building Management Authority shall pay from the funds standing to the credit of the Account — (a) interest on and repayments of moneys borrowed by the Building Management Authority under this Part, and brokerage, commission, fees and other expenses incurred in connection with that borrowing; and (b) to be credited to the Consolidated Account, an amount equal to the amount of any moneys charged to the Consolidated Account in meeting any liability of the Crown referred to in section 9C(3); and (c) the expense of acquiring, holding, taking on lease, providing, constructing, altering, protecting or managing authorised buildings and of acquiring, holding or taking on lease land or any interest therein for the purpose of that acquisition, provision, alteration, protection or management; and (d) all expenditure, other than expenditure referred to in paragraphs (a), (b) and (c), lawfully incurred by the Building Management Authority in the performance of its functions under this Part. (5) The Building Management Authority may, with the approval of the Treasurer, temporarily invest any moneys standing to the credit of the Account which are not immediately required for the purposes of this Part in one or more of the ways in which moneys standing to the credit of the Public Bank Account may be invested under the Financial Management Act 2006. (6) Moneys standing to the credit of the Account shall be applied by the Building Management Authority only for the purposes of this Part. (7) The Treasurer shall in each financial year include in the Consolidated Account Estimates of Revenue and Expenditure in respect of the Building Management Authority a sum of money (whether nominal or otherwise) for the purposes of this Part. [Section 9E inserted: No. 123 of 1984 s. 4; amended: No. 98 of 1985 s. 3; No. 6 of 1993 s. 11; No. 59 of 1994 s. 8 and 9; No. 49 of 1996 s. 64; No. 28 of 2006 s. 335; No. 77 of 2006 s. 4 and Sch. 1 cl. 140(2).] 9F. Delegation by Building Management Authority (1) The Building Management Authority may, either generally or as otherwise provided by the instrument of delegation, by writing signed by it delegate to any person for the time being holding or acting in an office referred to in section 9D(a) of whose services it makes use under section 9D all or any of the functions imposed on the Building Management Authority by this Part. (2) For the purposes of this Part, the performance of a function by a delegate under this section shall be deemed to be the performance of the function by the Building Management Authority. [Section 9F inserted: No. 123 of 1984 s. 4; amended: No. 59 of 1994 s. 9; No. 4 of 2023 s. 101.] 9G. Financial Management Act 2006 and Auditor General Act 2006, application of The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Building Management Authority and its operations. [Section 9G inserted: No. 98 of 1985 s. 3; amended: No. 59 of 1994 s. 9; No. 77 of 2006 Sch. 1 cl. 140(3).] [9H. Deleted: No. 98 of 1985 s. 3.] 9I. Regulations The Governor may make regulations prescribing all matters that are required or permitted by this Part to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Part. [Section 9I inserted: No. 123 of 1984 s. 4.] [Part IB (s. 9J‑9S) deleted: No. 31 of 1997 s. 42.] Part II — Authorising public works [Heading amended: No. 31 of 1997 s. 43.] [Heading deleted: No. 74 of 2003 s. 98.] 10. Entry on land required for a public work (1) Division 4 of Part 9 of the Land Administration Act 1997 (dealing with the entry on land required for a public work) applies as if a reference in that Division to "the Minister" were a reference to the Minister responsible for the administration of this Act. (2) Part 10 of the Land Administration Act 1997 (dealing with compensation) applies in relation to an act done under subsection (1) as if it had been done under that Act. [Section 10 inserted: No. 31 of 1997 s. 44.] 11. Governor may authorise railways (1) The Governor may, by order published in the Gazette, authorise the Public Transport Authority to undertake, construct or provide a railway. (2) The authorisation conferred by an order under subsection (1) is subject to section 96. (3) The Governor may, by order published in the Gazette, amend or revoke an order under subsection (1). (4) An order under subsection (1) or (3) is not subsidiary legislation for the purpose of the Interpretation Act 1984. [Section 11 inserted: No. 4 of 2023 s. 99.] [Heading deleted: No. 31 of 1997 s. 45(2).] [12‑24. Deleted: No. 31 of 1997 s. 45(1).] [Heading deleted: No. 31 of 1997 s. 45(2).] [25. Deleted: No. 31 of 1997 s. 45(1).] [Heading deleted: No. 31 of 1997 s. 45(2).] [26. Deleted: No. 31 of 1997 s. 45(1).] [Heading deleted: No. 31 of 1997 s. 45(2).] [27. Deleted: No. 31 of 1997 s. 45(1).] [Heading deleted: No. 31 of 1997 s. 46(2).] 28. Power may be exercised after initiation of a public work A power under this Act that may be exercised in relation to a public work, including a power to close a road or street, may be exercised at any time when it is found convenient or desirable to exercise it for the construction, or during the existence, of the public work concerned. [Section 28 inserted: No. 31 of 1997 s. 46(1).] [Heading deleted: No. 31 of 1997 s. 47(2).] [29‑33B. Deleted: No. 31 of 1997 s. 47(1).] [Part IIA: s. 33G‑33L deleted: No. 52 of 1995 s. 10; s. 33C‑33F deleted: No. 31 of 1997 s. 48.] [Part III: s. 40 deleted: No. 19 of 1972 s. 7; s. 34‑39, 41‑81 deleted: No. 31 of 1997 s. 49.] Part IV — Surveys 82. Powers of entry on lands etc. for survey purposes (1) For all the purposes of this Act the Minister, the Minister for the time being administering the Land Administration Act 1997, or any local authority, or any person authorised either specially or generally by any such person or authority — (a) may enter or re‑enter from time to time upon any land, with such assistants as the person or authority thinks fit, for the purpose of making any survey; (b) may fix or set up therein trigonometrical stations, survey pegs, marks, or poles, and the same from time to time alter, remove, inspect, reinstate, and repair; (c) may dig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any works thereon; (d) may do all things necessary for such survey in accordance with any regulations for the time being, or for any inspection, repair, or alteration thereof. (2) When practicable, 48 hours' notice shall be given to the owner or occupier of the land of the intention to enter thereon, and the authority under which the person entering claims to enter or has entered on such land shall, if required by such owner or occupier, be produced and shown. [Section 82 amended: No. 27 of 1974 s. 21; No. 31 of 1997 s. 141; No. 4 of 2023 s. 101.] 83. Penalty for destroying survey marks etc. Every person who, without due authority, destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up by any surveyor, or other person under the authority of the last preceding section, shall be liable, on summary conviction, for the first offence to a penalty not exceeding $40, and for any subsequent offence to a penalty not exceeding $200; and every person who wilfully obstructs any such surveyor or other person or their assistants in carrying on such survey shall, for every such offence, be liable to a penalty not exceeding $100. [Section 83 amended: No. 41 of 1966 s. 11; No. 4 of 2023 s. 101.] Part IVA — Investigations for water [Heading inserted: No. 48 of 1953 s. 6.] 83A. Terms used; power of entry (1) In this Part — authorised person means — (a) the Minister, a Minister for the time being administering any Act relating to water supply, and any local authority; and (b) a person authorised, whether generally or specially to carry out testing work, by one of those Ministers or a local authority; testing work means work which in the opinion of an authorised person is necessary for general investigation for water supply purposes, and includes, without limiting the generality of the foregoing, the carrying out of tests, gaugings, borings, the construction of gauging weirs, the sinking of shafts, the digging of trenches and other incidental work and things used for or in connection with that work. (2) An authorised person may from time to time lawfully enter upon land with such assistants and things as the authorised person thinks fit for the purpose and carry out testing work and alter, remove, inspect, reinstate and repair testing work upon the land. (3) Where an authorised person intends to enter upon land the authorised person shall, if it is practicable, give to the owner or occupier of the land at least 48 hours' notice of their intention, and if required by the owner or occupier shall produce to the owner or occupier their authority to enter the land. [Section 83A inserted: No. 48 of 1953 s. 6; amended: No. 27 of 1974 s. 22; No. 4 of 2023 s. 101.] 83B. Offences (1) A person who wilfully and unlawfully interferes with, alters, takes, injures, or destroys, testing work or part of it commits an offence. Penalty: $40 for a first offence; and $200 for a subsequent offence. (2) A person who wilfully and unlawfully obstructs an authorised person or the authorised person's assistants in doing anything which the authorised person is authorised under this Part to do commits an offence. Penalty: $100. [Section 83B inserted: No. 48 of 1953 s. 6; amended: No. 41 of 1966 s. 12; No. 19 of 2010 s. 51; No 4 of 2023 s. 101.] 83C. Compensation (1) An authorised person or the authorised person's assistants shall do as little damage as is practicable in exercising the powers conferred by this Part. (2) Where within one year of the exercise of a power conferred by this Part, a person suffers damage of which the exercise of the power is the proximate cause, the person is entitled to compensation for the damage from the Minister or the local authority by whom, or by whose direction, the power is exercised, if within 30 days of the occurrence or commencement of the damage or within 12 months where notice of intention to enter the land was not given to the owner or occupier as required by section 83A(3) the person serves on the Minister or local authority a written claim for compensation for the damage. (3) Subject to subsection (2), a claim shall be made and compensation assessed in accordance with Part 10 of the Land Administration Act 1997 as if a reference in that Part to the acquiring authority were a reference to the Minister or local authority. (4) The Minister or local authority shall offer to negotiate with the occupier of, or the proprietor of any interest in, the land affected by an act under this Act for the payment