PUBLIC WORKS CONSOLIDATION BILL.
FEOSI THE OWN COEBEBPONDBNT OP THE 11 PERSB.” I
WELLINGTON, July 19
The Public Works Consolidation Bill,wnioh has just been sent in to Parliament by the Statute Bevioion Commission, consolidates and amends the existing laws relating to public works at present contained in five Acts. The Commissioners have not seen their way to incorporate the provisions of the Tramways Act, 1872, as it is now practically limited to undertakings by private individuals or companies. For like reasons the Bridges and Ferries Act has not been incorporated. The main amendments and alterations suggested are as follows : —Power is given to the Governor to take Native lands for Government works, and this power, in fact, revives an enactment which previously existed by an Act passed in 1864 (the Public Works Act), in which provision was made enabling Native lands of any tenure to be taken for the purpose of public works upon payment of compensation. This Act was repealed by the Public Works Act, 1876, but experience has shown that its provisions are not adapted to the cases which frequently arise, and whore it is desired to commence a work through Native land without loss of time. In respect of road works in sparsely peopled districts, and where the land has not been, and cannot be immediately surveyed, power has been given enabling the Governor now to proclaim the general direction and the termini of a road, and then to proceed with the work. A like power at present exists in respect of waterworks on goldfields. The object is to enable a work to be vigorously prosecuted in an unsettled district, and where the state of surveys is not such as to allow all the prescribed formalities to be observed prior to taking the land required for the road. The Eaiiways Eegulution and Inspection Act, 1873, is a general measure applicable to all tramways and railways, but it seemed to tho committee that it might appropriately be introduced into this Bill. The other amendments are chiefly of a formal character, and are intended to remedy defects which experience has shown to exist in tho working of the present Act. The Commissioners state that nearly all these amendments have been suggested by the various departmental officers who are concerned with the administration of public works. The commissioners make the following ob' rvations :—“ We suggest it will be moroc->a-venient in future that particular w-. ,ks requiring legislative authority be sanctioned by special enactment, and that the Public Works Act be left bb a piece of legislative machinery to be incorporated in any Act requiring its sid.” This would in fact bo a return to the practice prevailing before the Act of 1876 was passed, when the Lands Clauses Consolidation Act was incorporated in special enactments. They farther recommend that every session there should bo a Public Works Construction Act, the text of such Act to bo devoted to formal provisions; epociol powers when necessary being conferred by appropriate clauses in the schedule. The commissioners think such enactments would tend to uniformity in our legislation, which does not now prevail.
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https://paperspast.natlib.govt.nz/newspapers/GLOBE18810720.2.15
Bibliographic details
Globe, Volume XXIII, Issue 2277, 20 July 1881, Page 3
Word Count
519PUBLIC WORKS CONSOLIDATION BILL. Globe, Volume XXIII, Issue 2277, 20 July 1881, Page 3
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