Western Australian Consolidated Acts 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;
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;
local work means a work constructed or intended to
be constructed by or under the control of a local authority;
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 and work mean and
include —
(a)
every work which the Crown, or the Governor, or the Government of Western
Australia, or any Minister of the Crown, or any local authority is authorised
to undertake under this or any other Act;
(b) any
railway authorised by special Act or any work whatsoever authorised by any
Act;
(c)
tramways;
(d) any
works for or in connection with the supply of water to, or for or in
connection with the sewerage of, any city, town, or district, including all
reticulations;
(e)
buildings for the occupation of either or both of the Houses of Parliament or
for public offices;
(f)
hospitals within the meaning given to that term by section 2 of the
Hospitals and Health Services Act 1927 , medical clinics, hostels and
institutions including residences for staff, court-houses, gaols,
watch-houses, lock-ups, police barracks, or quarters;
(g)
observatory;
(h)
public schools or any other schools authorised to be established wholly or in
part at the public cost by any Act in force for the time being, universities,
colleges, technical and other educational institutions, including residences
or hostels for teachers or students, and play-grounds;
(i)
public libraries, mechanics’ or miners’
institutes, agricultural halls, or schools of art;
(j)
public housing;
(k)
wharves, ferries, piers, jetties and bridges;
(l)
parks or gardens or grounds for public recreation or places for bathing, and
for the reclamation of land for or in connection therewith;
(m)
public cemeteries;
(n)
public wells or works for the conservation of water;
(o) the
protection and preservation of any cave or place of scientific or historical
interest;
(p) the
protection and preservation of indigenous flora and fauna;
(q) the
establishment of public abattoirs;
(r)
harbours and ports, including the provision of storage, handling and wharfage
areas and other facilities normally ancillary to the conduct of shipping
operations, break-waters, leading marks, navigational aids, docks, slips, the
alteration or improvement of channels, waterways and rivers, the protection of
foreshores and banks, the provision of new channels and related works,
including the landing and disposal of silt;
(s)
quarries or works for procuring stone, gravel, earth, or any other material
required for the construction of, or any purpose connected with any public
work as aforesaid;
(t) the
procuring from land (other than Crown lands and public reserves) of timber,
stone, gravel, earth and any other material required by or for the State for
or in connection with the carrying on of any industrial or other undertaking
or activity which is being carried on by or for the State under any law
authorising the same;
(u)
buildings and structures required for fire brigade purposes;
(v)
the establishment and the extension by the Governor of
sites for towns;
(w) the
establishment and the extension by the Governor of agricultural research
stations;
(x)
drainage works in connection with any city, town, or
district, and the improvement of rivers, watercourses, lakes, or inlets,
including deepening, widening, straightening or otherwise altering, and
disposal of silt;
(y) any
building or structure of whatsoever kind which, in the opinion of the
Governor, is necessary for any public purpose;
(za) any
road, stock route, viaduct, or canal;
(zb) any
work incidental to any of the aforesaid works;
(zc) any
land required for or in connection with any work as aforesaid;
(zd) any
survey in connection with any proposed public work;
railway : see section 95;
Registrar means the Registrar of Titles under the
Transfer of Land Act 1893 ;
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 by 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.]
[ 3. Omitted under the Reprints Act 1984
s. 7(4)(e) and (f).]