Public Works Act 1902

This Act provides for the discipline of public works. Part IA establishes and regulatees functions and powers of the Western Australian Building Management Authority. Part II concerns authorizing public works and clarifies the relation with Division 4 of Part 9 of the Land Administration Act 1997 (dealing with the entry on land required for a public work) and Part 10 (dealing with compensation) in relation to Ministerial authorization of public work under this Part. Moreover the Part establishes that the Governor, by Order in Council, may authorise the Minister to undertake, construct, or provide any public work except as to railways, in which case the authorisation may be given to the Public Transport Authority. Part IV recognizes that powers of entry on land can be also for survey purposes.
Part IVA, investigations for water, establishes that an authorized person may from time to time lawfully enter upon land for the purpose and carry out testing work and alter, remove, inspect, reinstate and repair testing work upon the land. A notice to the owner or occupier is required and if required shall produce to him his authority to enter the land. 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. Offences and compensation are defined. Part V regulates roads, rivers, and bridges; under this Part the Minister and also the local authority may deepen, widen, straighten, and otherwise improve, any river, and may, remove from any river, stream, or watercourse, or from the bed thereof, any earth or stone, and all weeds, refuse, and other growth, and all driftwood, logs, trees, branches, and other timber which may be lodged in the bed or against the banks thereof and be calculated to impede the free flow of water therein in its natural or deepened, widened, straightened, or otherwise improved, channel, and may dispose of the same respectively towards recouping the cost of such removal. For this purpose the Minister and every such local authority shall, by its servants, have the free right of ingress or egress, and regress on any land on the banks of any such river, stream, or watercourse.