{"id":"tas:act-1880-032","name":"Public Works Construction Act 1880","slug":"public-works-construction-act-1880","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"32 of 1880","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110906,"registerId":"tas-act-1880-032-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Interpretation","content":"### 1 Interpretation\n\n> *\\[Section 1 Substituted by No. 30 of 1977, s. 2 \\]*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.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Purchase of land for constructing, &c., works","content":"### 2 Purchase of land for constructing, &c., works\n\n> *\\[Section 2 Renumbered by 25 Geo. V No. 78 \\]**\\[Section 2 Amended by 25 Geo. V No. 78 \\]**\\[Section 2 Amended by No. 24 of 1993, s. 3 and Sched. 1 \\]*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](/view/html/inforce/2026-04-12/act-1993-023) , such land as he deems necessary; and, subject to the provisions of this Act, the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) shall be incorporated with this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Contracts for purchase of land to be made by Minister","content":"### 3 Contracts for purchase of land to be made by Minister\n\n> *\\[Section 3 Renumbered by 25 Geo. V No. 78 \\]**\\[Section 3 Amended by 25 Geo. V No. 78 \\]*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.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Entry upon land","content":"### 4 Entry upon land\n\n> *\\[Section 4 Renumbered by 25 Geo. V No. 78 \\]**\\[Section 4 Amended by 25 Geo. V No. 78 \\]*\n> \n> > (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.\n> \n> > (2)  *\\[Section 4 Subsection (2) amended by No. 55 of 1965, s. 5 \\]**\\[Section 4 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 \\]*No person shall wilfully pull up, remove, or destroy the stakes or other marks used for the purposes aforesaid.\n> > \n> > Penalty:  Fine not exceeding 1 penalty unit.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Renting land","content":"### 5 Renting land\n\n> *\\[Section 5 Renumbered by 25 Geo. V No. 78 \\]**\\[Section 5 Amended by 25 Geo. V No. 78 \\]*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.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Timber may be taken from uncultivated land upon making compensation","content":"### 6 Timber may be taken from uncultivated land upon making compensation\n\n> *\\[Section 6 Renumbered by 25 Geo. V No. 78 \\]*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.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Materials may be taken from land upon making compensation","content":"### 7 Materials may be taken from land upon making compensation\n\n> *\\[Section 7 Renumbered by 25 Geo. V No. 78 \\]**\\[Section 7 Amended by 25 Geo. V No. 78 \\]*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.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Compensation for timber, &c.: How ascertained","content":"### 8 Compensation for timber, &c.: How ascertained\n\n> *\\[Section 8 Renumbered by 25 Geo. V No. 78 \\]**\\[Section 8 Amended by 25 Geo. V No. 78 \\]*\n> \n> > (1)  *\\[Section 8 Subsection (1) amended by No. 24 of 1993, s. 3 and Sched. 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](/view/html/inforce/2026-04-12/act-1993-023) .\n> \n> > (2)  Before commencing operations under the powers conferred by [sections five](#GS5@EN) and [six](#GS6@EN) 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.","sortOrder":7},{"sectionNumber":"8AA","sectionType":"section","heading":"Functions of Director of Public Works to be performed by other persons","content":"### 8AA Functions of Director of Public Works to be performed by other persons\n\n> *\\[Section 8AA Inserted by No. 17 of 1996, s. 30 \\]*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.","sortOrder":8},{"sectionNumber":"8A","sectionType":"section","heading":"Regulations","content":"### 8A Regulations\n\n> *\\[Section 8A Inserted by 4 & 5 Geo. VI No. 88, s. 2 \\]*\n> \n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  *\\[Section 8A Subsection (2) omitted by No. 29 of 1984, s. 3 and Sched. 1 \\]*.  .  .  .  .  .  .  .  \n> \n> > (3)  *\\[Section 8A Subsection (3) substituted by No. 30 of 1977, s. 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.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Short title","content":"### 9 Short title\n\n> *\\[Section 9 Renumbered by 25 Geo. V No. 78 \\]*This Act may be cited as the [Public Works Construction Act 1880](/view/html/inforce/2026-04-12/act-1880-032) .","sortOrder":10},{"sectionNumber":"SCHEDULE 1","sectionType":"part","heading":"SCHEDULE 1","content":"# SCHEDULE 1 SCHEDULE 1\n\n*\\[Schedule 1 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":11}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original 1880 purpose: facilitating the acquisition of land and materials for public works construction. While it has been updated to reference modern statutes (Land Acquisition Act 1993) and administrative structures (delegation powers, Director of Public Works functions), these are technical modernizations rather than expansions of scope. The core functions—purchase, entry, timber and materials extraction, and compensation—remain unchanged from the original intent."},"complexity_factors":["Only 9 substantive sections plus a repealed schedule","Minimal defined terms (only 'Minister' is explicitly defined in section 1)","Straightforward procedural requirements (7-day and 21-day notice periods)","Simple cross-references to a single external Act (Land Acquisition Act 1993)","No nested exceptions or conditional logic beyond basic 'if-then' structures","Legislative history annotations (renumbering, amendments) are present but do not affect operative complexity"],"plain_english_summary":"This is a short, old law from 1880 that gives government Ministers the power to acquire land and materials for building public infrastructure (roads, bridges, railways, etc.).\n\n**What it does:**\n- Lets Ministers **buy land** for public works projects, using the modern rules in the *Land Acquisition Act 1993* (which deals with compulsory acquisition and fair compensation).\n- Allows Ministers to **enter private land** to survey and mark out areas needed for construction (after giving 7 days' notice).\n- Lets Ministers **rent land** temporarily to extract building materials like gravel or stone.\n- Allows Ministers to **take timber** from uncultivated bushland (after 21 days' notice), provided they pay compensation — but not if the owner is using those trees for shade or decoration.\n- Allows Ministers to **quarry materials** (rock, gravel, clay) from private land (after 21 days' notice), paying compensation for both the materials and any damage caused.\n- Sets out how **compensation** is calculated — using the same dispute resolution process as the *Land Acquisition Act 1993*.\n- Lets the **Governor make regulations** (subordinate laws) to fill in operational details.\n- Allows the Minister to **delegate powers** to public servants.\n\n**Who it affects:**\n- Landowners whose property is needed for public projects.\n- Farmers and rural landowners who might have timber or gravel extracted from their land.\n- Government departments building infrastructure.\n\n**Why it matters:**\nThis Act is essentially the legal foundation that lets the government \"get stuff done\" — building roads, dams, railways, and other public works — while ensuring landowners get paid fairly when their property or resources are taken. Despite being from 1880, it has been updated over time (notably in 1977, 1993, and 1996) to reference modern compensation laws and administrative structures."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's scope has been altered by later modifications that (a) incorporate the Land Acquisition Act 1993 procedures for determining compensation (s. 2; s. 8(1)), (b) add explicit delegation and administrative-order powers allowing the Minister and regulations to transfer functions (s. 8A(3); s. 8AA), and (c) reflect renumberings and the repeal of the original schedule. These changes expand administrative flexibility and connect compensation procedures to another statute, shifting decision pathways and implementation costs (see ss. 2, 3, 4, 6, 7, 8, 8A, 8AA)."},"complexity_factors":["Incorporation and interaction with another statute: compensation and dispute-resolution for taking timber/materials are determined under the Land Acquisition Act 1993 (s. 2; s. 8(1)), requiring cross‑reference to that Act's procedures and timelines.","Broad ministerial discretion: the Minister may decide what land to purchase or take and how to stake out land after notice (s. 2; s. 4(1)), concentrating decision-making in a single executive office.","Compulsory-entry and notice requirements: the Minister can enter land after seven or twenty‑one days' notice depending on the power invoked (s. 4(1); s. 6; s. 7), creating procedural obligations on both the Minister and landholders.","Private-party obligations and penalties: occupiers are prohibited from removing survey stakes with a penalty (fine up to 1 penalty unit) (s. 4(2)), imposing compliance duties and potential sanctions on landholders.","Compensation mechanics and cost-bearing: the Crown (Minister) must make full compensation to owners/occupiers for timber, materials and damage (s. 6; s. 7; s. 8(1)), creating a direct fiscal liability tied to exercise of powers.","Delegation and administrative flexibility: regulations may permit delegation of regulatory powers and duties to others (s. 8A(3)), and the Minister may order that functions conferred on the Director of Public Works be performed by other State Service holders (s. 8AA), expanding administrative pathways but adding layers to accountability.","Contractual continuity: purchase contracts are made with the Minister and remain enforceable despite change in office-holder (s. 3), affecting parties' contractual risk and enforcement paths.","Amendments and repeals noted in text: multiple renumberings, insertions and repeals (e.g. schedule repealed) increase the need to check historical amendments to understand current scope (see marginal notes throughout the text)."],"plain_english_summary":"This Act lets the responsible Minister acquire or enter private land, and take timber or materials, for authorised public works after giving specified notice and by paying compensation determined under the Land Acquisition Act 1993. It also permits the Minister to contract for land, delegate powers by regulation, and direct other public servants to carry out functions associated with public works."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Given the Act dates from 1880 and has been amended multiple times (with the current version operative from 1997), it is highly likely the scope has evolved significantly from its original intent. Colonial-era public works legislation typically focused on a narrower set of infrastructure types and simpler procurement processes. Modern amendments likely expanded scope to reflect contemporary construction practices, procurement standards, and government accountability requirements."},"complexity_factors":["The actual substantive provisions of the Act are not reproduced in the text provided — only metadata and status information is available, making full analysis impossible","The Act is over 140 years old, meaning its language may use archaic legal terminology unfamiliar to modern readers","Multiple amendments since 1880 (referenced in the Table of Amending Instruments) may create layers of complexity between the original Act and its current form","Interaction with broader Tasmanian government procurement and public finance frameworks may require cross-referencing other legislation","Score is conservatively low due to the limited content available for analysis — actual provisions could increase complexity significantly"],"plain_english_summary":"The Public Works Construction Act 1880 (Tas.) is the long-standing legal framework governing how the Tasmanian government authorises, contracts for, and oversees construction of public infrastructure (roads, bridges, buildings, etc.). It affects government agencies, contractors bidding on or carrying out state projects, and the public who fund or use those works. Current as of 1 February 1997 (amended) and still in force in 2026, it sets rules on procurement, oversight and accountability for public spending."}},"importantCases":[],"_links":{"self":"/api/acts/public-works-construction-act-1880","history":"/api/acts/public-works-construction-act-1880/history","analysis":"/api/acts/public-works-construction-act-1880/analysis","conflicts":"/api/acts/public-works-construction-act-1880/conflicts","importantCases":"/api/acts/public-works-construction-act-1880/important-cases","documents":"/api/acts/public-works-construction-act-1880/documents"}}