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PROJECT DEVELOPMENT AND CONSTRUCTION MANAGEMENT ACT 1994 - SECT 3

Definitions

    (1)     In this Act—

"application order" means an order under section 8;

"building" includes—

        (a)     a structure and part of a building or a structure; and

        (b)     fences, walls, out-buildings, service installations and other appurtenances of a building; and

        (c)     a boat or a pontoon which is permanently moored or fixed to land;

S. 3(1) def. of department substituted by No. 46/1998
s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 163.1), 37/2014 s. 10(Sch. item 133).

"department" means—

        (a)     a department within the meaning of section 4 of the Public Administration Act 2004 ; or

        (b)     an office or body specified in section 16(1) of that Act;

"development" includes—

        (a)     the construction or carrying out, extension, demolition or removal of a building or works;

        (b)     the decoration or alteration of the inside or outside of a building or the alteration of works;

        (c)     the subdivision or consolidation of land, airspace or buildings;

        (d)     the installation or provision or operation of facilities or services;

        (e)     the relocation, deepening or widening of a waterway;

directions mean directions issued under section 30;

enactment means a rule, regulation, by-law, order, Order in Council, proclamation or other instrument of a legislative character;

"facilitating agency" in relation to a nominated project means the public statutory corporation specified in the nomination order as the facilitating agency for that project;

"function" includes power, discretion, authority and duty;

S. 3(1) def. of limitations amended by No. 46/1997
s. 4(2).

"limitations", in relation to land, means trusts, reservations, restrictions, exceptions, encumbrances, limitations, rights, privileges, estates and interests;

"nominated project" means a development or proposed development declared by a nomination order to be a project to which this Act applies;

"nomination order" means an order under section 6;

S. 3(1) def. of public body substituted by No. 43/1995 s. 23(a).

public body in Part 3 or Part 4 means—

        (a)     a public statutory authority;

        (b)     a State business corporation within the meaning of the State Owned Enterprises Act 1992 ;

        (c)     a body, office or trust body—

              (i)     established by or under an Act or enactment; or

              (ii)     established by the Governor in Council or a Minister—

and that is declared by the Minister, by notice published in the Government Gazette, to be a body or office to which that Part applies;
s. 3

public construction means any matter relating to the construction, maintenance, rehabilitation, alteration, extension or demolition of any improvements on land by, or on behalf of, departments or public bodies and includes—

        (a)     design and construction practices;

        (b)     tendering processes;

        (c)     project delivery;

        (d)     contract administration;

"public statutory corporation" means any corporation established by or under an Act for a public purpose other than a municipal council;

"responsible Minister", in relation to a nominated project, means the Minister specified in the nomination order as the Minister responsible for that project;

"road" includes bridge, highway, street, lane, footway, square, court, alley or right of way, whether accessible to the public generally or not;

S. 3(1) def. of Secretary repealed by No. 72/2000 s. 5(1)(a).

    *     *     *     *     *

S. 3(1) def. of Secretary
to the Department of Infrastructure inserted by No. 72/2000 s. 5(1)(a), repealed by No. 27/2009 s. 19(2).

    *     *     *     *     *

S. 3(1) def of Secretary
to the Department of Innovation, Industry and Regional Development inserted by No. 27/2009 s. 19(1).

Secretary to the Department of Innovation, Industry and Regional Development means the body corporate established under section 41A;

S. 3(1) def. of Secretary
to the Department of State and Regional Development inserted by No. 72/2000 s. 5(1)(a), repealed by No. 16/2003 s. 22.

    *     *     *     *     *

standards means standards set under section 29;

S. 3(1) def of  the Department amended by No. 46/1997
s. 4(1), repealed by No. 72/2000 s. 5(1)(b).

    *     *     *     *     *

"works" includes any change to the natural or existing condition or topography of land including the removal, destruction, or lopping of trees and the removal of vegetation or topsoil and land reclamation and land decontamination.

S. 3(2) amended by Nos 46/1998
s. 7(Sch. 1), 72/2000 s. 5(2)(a)(b), 108/2004 s. 117(1) (Sch. 3 item 163.2), repealed by No. 27/2009 s. 19(3).

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