2002, No. 8 Ministry of Works 45

2002, No. 8

AN ACT to reform the law relating to public works by re-
defining the role of the Public Works Department
through the transfer of certain of its functions to the
private sector, and by the comprehensive statement of its
functions and powers in relation to the regulation of
building construction, planning, urban management and
the provision and maintenance of roads, bridges,
seawalls and related public assets. [08th
April 2002]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:-


PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be
cited as the Ministry of Works Act 2002.
(2) This Act shall come into force upon its assent by the
Head of State.

2. Interpretation – In this Act, unless the context
otherwise requires:
“Business Units” means any business unit established in
accordance with Part III:
“Director General of Works” and “Director General”
mean the administrative head of the Ministry
appointed under section 5 of this Act:
“commencement date” means the date on which this Act
comes into force:
“Minister” means the Minister of Works:
“Ministry” means the Ministry of Works originally
constituted and established as the Public Works
Department under the repealed Ordinance and
continued by section 3 of this Act:
46 Ministry of Works 2002, No. 8

“National Building Code” means the National Building
Code of Samoa adopted by section 29, and includes
Associated Manuals, and any amendments made to
the Code and the Manuals from time to time:
“public assets” means roads (including culverts and fords),
road reserves, footpaths, bridges, drains and
seawalls:
“public assets to which this Act applies” means any public
asset vested in the Government under this or any
other law for which the Ministry takes responsibility
in relation to its construction, maintenance or
management:
“repealed Ordinance” means the Public Works Ordinance
1959.


PART II
MINISTRY OF WORKS

3. Continuation of the Ministry–(1) The Public Works
Department, renamed under this section, constituted and
established under the repealed Ordinance, is continued, and
shall be charged with the administration of this Act and any
other law under which it is given responsibility, together with
such other functions as may from time to time be lawfully
conferred upon it.
(2) The name of the Public Works Department is hereby
changed to the Ministry of Works.

4. Principal Functions-(1) The principal functions of the
Ministry shall be -
(a) To construct, maintain and manage the public assets
to which this Act applies;
(b) To prepare policies relating to the management of
the public assets to which this Act applies;
(c) To provide advice to the Minister and the
Government in relation to the construction,
maintenance and management of the public
assets to which this Act applies;
2002, No. 8 Ministry of Works 47

(d) To exercise any of the powers relating to the public
assets to which this Act applies conferred upon
the Ministry or any of its officers by this Act, or
by any other law;
(e) To establish Business Units as provided for by Part
III of this Act, and to manage, operate and
support those business units to operate in
accordance with laws relating to the commercial
operations of public bodies and in accordance
with government policy;
(f) To devolve functions to the private sector in
accordance with this Act and any other
applicable law; and
(g) To regulate the construction of buildings and other
structures in accordance with this Act and its
Regulations, and to administer, enforce and
apply the National Building Code; and
(h) To exercise any of the powers relating to planning
and urban management as provided for by Part
VI of this Act.
(2) Each Government Department and agency shall be
responsible for the construction and maintenance of its
buildings, and the maintenance and furnishing of any
government house determined by the Minister to be under its
responsibility.
(3) Nothing in this section shall affect the exercise of any
power or responsibility conferred by law on any other Minister,
public body or authority, or on any other person.

5. The Director General of Works-(1) The Director
General of Works shall be an officer of the Public Service, and
shall be the administrative head of the Ministry.
(2) The person holding the office of Director of Works
under the repealed Act as at the commencement date shall hold
the office of Director General and his contract of employment
shall continue in accordance with its terms for the remainder of
its duration.
48 Ministry of Works 2002, No. 8

6. Appointment of other officers and employees-(1)
There may from time to time be appointed as public servants (or
otherwise in accordance with any law relating to the
appointment of government workers), such officers and
employees of the Ministry as may be necessary for the proper
discharge of its functions.
(2) Subsection (1) shall not affect the provisions of section
16 relating to engagement of staff for any Business Unit
established in accordance with Part III.

7. Existing appointments may continue under this Act-
(1) Subject to this Act all persons who at the commencement
date are engineers, officers or employees of the Ministry of
Works shall continue to be employees of the Ministry.
(2) Nothing in subsection (1) shall affect the right to re-
assign staff of the Ministry to reflect the changes made by this
Act to its functions and operations, or the application of the
provisions of Part III relating to the establishment of Business
Units and the implementation of changes to the role and
operations of the Ministry.

8. Officers to act under the direction of the Director
General of Works-(1) Subject to the provisions of sections 16
and 17, all engineers, officers and employees of the Ministry
shall act under the direction of the Director General of Works in
the discharge of their lawful functions, powers and duties.
(2) All engineers employed by the Ministry shall act under
the direction of the Director General of Works and shall meet
whatever requirements are determined to apply to engineers
under the Professional Engineers (Registration) Act 1998.
(3) Nothing in the Professional Engineers (Registration)
Act 1998 shall prevent employees of the Ministry from being
designated as “Engineering Officers”, but such employees shall
act under the supervision of the Director General of Works or
another qualified engineer when performing duties that are
regulated by that Act.
2002, No. 8 Ministry of Works 49

9. Powers of the Minister – For the purposes of enabling
the Ministry to carry out its functions the Minister may -
(a) Direct what Government work shall be undertaken,
and the time at which such work shall be under-
taken, except where authority in respect of such
work is conferred by any law on some other
Minister, public body, other authority or person;
(b) Require that any Government work be carried out
pursuant to a specified policy or a directive
issued by Cabinet;
(c) Appoint advisory or technical committees pursuant
to section 12;
(d) Approve arrangements for the support of former
staff to become contractors under section 24;
(e) Require that special investigations be carried out
under section 55; and
(f) Exercise any other powers or make any
Determinations provided for by this Act, or
Regulations made under it.

10. Delegation of powers by the Minister-(1) The
Minister may from time to time, by written notice, either
generally or particularly, delegate to the Director General of
Works all or any of powers conferred by law on the Minister,
including any power delegated to the Minister under any law,
PROVIDED THAT the Minister may not delegate this
power of delegation or the power to consent to a delegation
under section 11.
(2) Subject to any general or special conditions attached
by the Minister, the Director General of Works may exercise
any delegated powers in the same manner and with the same
effect as if they had been conferred directly by this section and
not by delegation.
(3) Where the Director General of Works purports to act
pursuant to any delegation under this section it shall be
presumed that the action is in accordance with the terms of the
delegation, unless the contrary is proven.
50 Ministry of Works 2002, No. 8

(4) Every delegation made under this section is revocable
at will, and no delegation shall prevent the exercise of the
power by the Minister.
(5) Unless and until a delegation made under this section is
revoked it shall continue to have force notwithstanding that the
persons holding the office of Minister or Director General of
Works may change, or that persons might be appointed to act in
their positions during periods of absence from duty.

11. Delegation of powers by the Director General of
Works-(1) The Director General of Works may from time to
time, by written notice, either generally or particularly, delegate
to such engineers, officers or employees of the Ministry as the
Director General thinks fit, all or any of the powers exercisable
under this or any other law,
PROVIDED THAT the Director General of Works shall
not delegate this power of delegation, or any power delegated
by the Minister without the written consent of the Minister, or
any power delegated by any other government authority
(including the Public Service Commission and the Treasury)
without the written approval of that authority.
(2) Subject to any general or special directions given or
conditions attached by the Director General of Works, the
engineer, officer or employee to whom the powers are delegated
under this section may exercise those powers in the same
manner and with the same effect as if they had been conferred
on the person by this section and not by delegation.
(3) Every person purporting to act pursuant to any
delegation under this section shall be presumed to be acting in
accordance with the terms of the delegation, unless the contrary
is proven.
(4) Any delegation under this section may be made to a
specified engineer, officer or other employee, or to engineers,
officers or employees of a specified class, or may be made to
the holder for the time being of a specified office or class of
officers.
(5) Every delegation under this section is revocable at will,
and no delegation shall prevent the exercise of any powers by
the Director General of Works.
2002, No. 8 Ministry of Works 51

(6) Unless and until a delegation made under this section is
revoked it shall continue to have force notwithstanding that the
Director General of Works by whom it was made may have
ceased to hold office or may be absent from duty.

12. Advisory and technical committees-(1) The Minister
may from time to time appoint advisory or technical
committees, and define their functions.
(2) Members appointed to a committee established under
subsection (1) may be paid fees, allowances and reimbursement
of expenses as determined by Cabinet, if such fees and
allowances are approved by the Minister to be paid and are
available to be paid out of monies appropriated to the Ministry
by the Legislative Assembly for purposes consistent with such a
payment.

13. Reporting and other requirements-(1) The Director
General of Works shall as soon as practicable after the end of
each financial year furnish to the Minister a report on the
operations of the Ministry for that year.
(2) A copy of the report shall be laid before the Legislative
Assembly within 28 days after it has been furnished to the
Minister if the Assembly is in session, and if not, shall be laid
before the Assembly within seven days after the
commencement of the next ensuing session.
(3) Financial records concerning the operations of each
Business Unit shall be kept in accordance with the Public
Finance Management Act 2001 and any other applicable law.
(4) The Director General of Works shall prepare a written
report on the progress of implementing the reforms to the
Ministry at such times or intervals as the Minister or Cabinet
may require.

52 Ministry of Works 2002, No. 8

PART III
CHANGES TO THE ROLE AND STRUCTURE
OF THE MINISTRY

14. Compliance with other laws-(1) All Business Units
established under this Part shall be public bodies for the
purposes of Part XIII of the Public Finance Management Act
2001.
(2) In establishing a Business Unit under this Part, the
Minister may designate the Business Unit to be a public body or
a public trading body or a public beneficial body for the
purposes of any law relating to the performance and
accountability of public bodies, or any other relevant law.
(3) If a Business Unit is designated as a public body or a
public trading body or a public beneficial body under subsection
(2), then the provisions of the relevant law shall apply to the
Business Unit as if it were prescribed as such a body under that
law.

15. Formation of Business Units-(1) The Minister may
by written Determination, designate any section or sections of
the Ministry to be a Business Unit to which the provisions of
this Part shall apply.
(2) In making a Determination under subsection (1), the
Minister shall determine whether a particular Business Unit -
(a) Shall remain as an operational arm of the Ministry;
or
(b) Will be formed for the purpose of devolving a
function or functions of the Ministry to the
private sector in accordance with the provisions
of this Part.

16. Staff of Business Units-(1) After consultation with
the Public Service Commission, the Director General of Works
may determine which of the staff of the Ministry shall be -
(a) Transferred to a Business Unit as its employee; or
(b) Seconded to a Business Unit for a period determined
by the Director General of Works.
2002, No. 8 Ministry of Works 53

(2) All staff of the Ministry transferred to the service of a
Business Unit under subsection (1)(a) shall be entitled to terms
and conditions of employment no less favourable than those
enjoyed by them as employees of the Ministry.
(3) The management of a Business Unit may, after
consulting the Director General of Works and with the approval
of the Minister, appoint and employ such employees as are
necessary for its operations.
(4) The terms and conditions for the staff appointed under
subsection (3) shall be in accordance with the approval given by
the Minister under that subsection which shall be generally
consistent with entitlements paid to equivalent staff in the
Ministry,
PROVIDED THAT the Minister may, where appropriate,
approve terms and conditions that include bonus payments
based on performance, and salaries or benefits consistent with
the commercial consideration applying to the position as part of
the activities of the Business Unit.
(5) The staff of the Business Units shall act under the
direction of the person identified by the management of the
Business Unit as being responsible for their direction and
control.

17. Management of Business Units-(1) When establishing
a Business Unit under section 15 the Minister shall determine
whether its management shall be vested in either -
(a) The Director General of Works; or
(b) A Board of Directors.
(2) If a Business Unit is deemed to be a public trading
body under section 14(2) then its management shall be vested in
a Board of Directors appointed by its shareholders, and shall
otherwise be in accordance with the Companies Act 2001.
(3) Except in relation to a Business Unit to which
subsection (2) applies, the Minister may vary a determination
made under subsection (1).

18. Operations of Business Units-(1) The operations of
Business Units shall -
54 Ministry of Works 2002, No. 8

(a) Be in accordance with any direction given by the
management designated under section 17(1);
(b) Be aimed at meeting any requirement set by Cabinet
in relation to a return to Government on its
investment, or any other specified commercial
objective;
(c) Be in compliance with all laws relating to the
operations of public bodies, and of businesses
generally;
(d) Be aimed at promoting fair competition, and
avoiding the creation of any undesirable
dominance in any sector or market; and
(e) Be consistent with government policy.
(2) Any Business Unit designated for sale under section
15(2)(b) shall be established and operated so as to ensure the
maximum possible return to government on its sale,
PROVIDED THAT this requirement will not be regarded
as paramount where it is proposed to apply the provisions of
section 24 to a Business Unit.

19. Sale of Business Units-(1) The disposal of any
Business Unit to which section 15(2)(b) applies shall be in
accordance with the provisions of the Companies Act 2001 and
any law relating to the performance and accountability of public
bodies.
(2) Cabinet may specify any additional requirement in
relation to the sale of a Business Unit.
(3) A sale of a Business Unit may be made conditional
upon certain identified staff of the Ministry being employed by
the purchaser for such time and upon such conditions as may be
specified.
(4) Any member of staff to which subsection (3) applies
who claims to have been treated in a manner that is not
consistent with the conditions attached to the sale of a Business
Unit, will have a right of action against the purchaser of the
Business Unit for breach of the condition, but shall have no
right of action against the Ministry or the Government.
2002, No. 8 Ministry of Works 55

20. Restrictions on disposal of land-(1) No land
belonging to the Government may be sold as part of the sale of
any Business Unit without the approval of Cabinet.
(2) Notwithstanding any other law a lease of government
land may be given to any purchaser of a Business Unit as part of
the sale of that Business Unit on such terms as the Minister
approves, after consulting with the Minister for Lands, Surveys
and Environment.

21. Transfer or cessation of functions-(1) For the purpose
of implementing the changes to the role and structure of the
Ministry the Minister may make written Determinations that
certain functions of the Ministry have been, or are on a stated
date to be, transferred or ceased.
(2) The Director General of Works shall promptly notify
the Financial Secretary of any Determination made under sub-
section (1), and shall consult with the Financial Secretary in
relation to the making of appropriate Treasury Instructions
under section 122 of the Public Finance Management Act 2001.
(3) Any Treasury Instruction made in relation to the
transfer or cessation of a function shall take into account any
applicable matter under section 24 of this Act relating to
support for former staff of the Ministry to undertake activities
relevant to that function as private contractors.

22. Disposal of surplus equipment-(1) For the purpose
of effecting the changes to the role and structure of the Ministry
the Minister may make written determinations specifying items
of plant, machinery, equipment and stock owned by the
Ministry and which is surplus to the needs of the Ministry.
(2) A determination made under subsection (1) may specify
items of plant, machinery, equipment and stock which may
relate to a matter stated under section 24 as a means of
supporting former staff of the Ministry to undertake activities as
private contractors.
(3) All items not specified in accordance with subsection
(2) shall be disposed of in compliance with the Public Finance
Management Act 2001.
56 Ministry of Works 2002, No. 8

(4) The disposal of items specified in accordance with sub-
section (2) shall be done in accordance with procedures and
upon terms approved by the Government Tenders Board under
the Public Finance Management Act 2001, which shall take into
account the objectives of section 24.

23. Redundancy entitlements of staff-(1) Engineers,
officers and other employees of the Ministry whose services are
no longer required as a result of the changes to the role and
structure of the Ministry shall be entitled to receive such
payments and benefits as are specified in a policy on
redundancy approved by Cabinet for this purpose.
(2) Payments and benefits referred to in subsection shall
not be paid to staff who are transferred to a Business Unit or to
staff who receive assistance in accordance with section 24.

24. Support for former staff to become contractors-(1)
The Minister may approve arrangements to assist former staff to
establish businesses relative to the former functions and
activities of the Ministry.
(2) The arrangements referred to in subsection (1) may
include assistance in any of the following forms -
(a) The provision of training in relation to the
management of small businesses;
(b) The provision of computer software relating to
financial systems and accounting requirements of
a small business;
(c) Arranging other forms of assistance through the
Small Business Enterprise Centre upon such
conditions as the Centre may impose;
(d) The payment of the fee due under the Business
Licences Act 1998, and any other fee payable in
respect of the establishment of the business, or
its incorporation;
(e) Some preference in relation to the purchase of plant,
machinery and equipment referred to in section
22(2), and appropriate arrangements relating to
the payment for such items over a period of time;
2002, No. 8 Ministry of Works 57

(f) Some preference in relation to the contracting by the
Ministry for services to be provided relating to a
function or activity that has been transferred or
ceased; or
(g) Such other appropriate form of assistance as is
approved by Cabinet.
(3) Prior to providing any assistance relating to a matter
referred to in paragraphs (d) or (e) of subsection (2), the
Director General of Works shall ensure that the appropriate
approval or delegation has been given by the Government
Tenders Board, and that all other requirements of any other law
have been met.

PART IV
BUILDING REGULATION

25. Interpretation - In this Part, unless the context
otherwise requires -
“Authorised Person” means any building inspector
employed by the Ministry, and any person (whether
employed by the Ministry or not) who is authorised
by the Director General of Works to review building
plans, or to carry out an inspection of any building,
or to exercise any power or carry out any function
under this Part:
“building” means -
(a) Any structure supported by walls, pillars, posts or
columns and which is covered by a roof;
(b) Any structure used for human occupation or shelter;
(c) Any building or structure for which a building permit
is required under the Regulations adopted by
section 27;
(d) Any building or structure that is prescribed by
Regulation or referred to in the Building Code,
as amended from time to time;
(e) Swimming pools, chimneys, flues and fences -
58 Ministry of Works 2002, No. 8

but does not include a fale built substantially of
traditional Samoan building materials;
“Building Code” means the National Building Code of
Samoa adopted by section 29:
“Building Committee” means the committee established
by Regulation made under section 28 and charged
with the responsibility of administering and
enforcing this Part, the Regulations and the Building
Code:
“Owner” in relation to a building, means the person under
whose authority a building is constructed on any
land, or for whose benefit a building is constructed,
irrespective of whether such person owns the land on
which the building is constructed:
“Regulations” and “Building Regulations” means the
Building Regulations adopted by section 27, and any
subsequent Regulations that replace or amend them
made under section 28, and any Regulations made
under section 53.

26. This Part binds the State - This Part shall bind the
State.

27. Adoption of Building Regulations made under other laws-(1) The Regulations stated in Schedule 1 shall be deemed
to have been made under this Act and shall, subject to sub-
section (2), continue to have full force and effect.
(2) The regulations referred to in subsection (1) may be
amended or repealed by any regulation made under section 28.

28. Revised Building Regulations-(1) The Head of State,
acting on the advice of Cabinet, may make Regulations
concerning the construction, alteration and demolition of
buildings and other structures.
(2) Without limiting the general power conferred by sub-
section (1), Regulations may be made for any of the following
purposes -
2002, No. 8 Ministry of Works 59

(a) To establish a Building Committee (by whatever
title), and to prescribe its powers and functions
in relation to building regulation;
(b) To prescribe the procedures to be followed by the
Building Committee, including the delegation of
any of its powers;
(c) To prescribe the obligations of members of the
Building Committee, and to grant to them
appropriate immunities in relation to the
discharge of their powers and responsibilities;
(d) To prescribe any particular structure to be a building
for the purposes of this Part;
(e) To prescribe additional requirements relating to
buildings including matters relating to -
(i) the provision and location of car parking
areas;
(ii) the height and appearance of buildings;
(iii) the provision of landscaping and other
beautification as befits the particular location of
the building;
(iv) access to and the provision of essential
services to the building;
(v) the preservation of heritage or cultural
matters associated with the building or the site
on which it is, or is to be located;
(vi) the impact that the building may have
on the provision of public transport to the site;
and
(vii) any other matter that may affect the
amenity of the building, its occupants, the
members of the public likely to be affected by its
presence and the environment in which it is, or is
to be, located.
(f) To prescribe additional powers for the Director
General of Works and Authorized Persons in
relation to the enforcement of the Regulations
and the National Building Code;
60 Ministry of Works 2002, No. 8

(g) To make provision in relation to the form and fees
for applications, approvals, permits, certificates
and any other documents required by the Act or
the Regulations;
(h) To prescribe any additional requirement in relation
to an application for building approval, including
the provision of any Certificate or the proof of
any approval given by another Government
Department or agency;
(i) To make provision in relation to Certificates of
Occupancy; and
(j) To prescribe offences and to impose fines not
exceeding 100 penalty units for any breach, and
an appropriate default penalty.
(3) The Regulations made under subsection (2) shall make
appropriate provision in relation to requirements for -
(a) The Director General of Health to certify building
plans as to compliance concerning -
(i) the number and location of toilets within
or near the building;
(ii) the disposal of waste waters;
(iii) any specific requirements concerning
premises where it is proposed to carry on an
offensive trade; and
(iv) any other relevant provisions or
requirements made under the Health Ordinance
1959.
(b) The Director of Lands, Surveys and Environment to
certify building plans as to compliance with any
requirement relating to building alignments and
land ownership.

29. National Building Code-(1) The National Building
Code for Samoa (including its Associated Manuals) developed
and finalized by the Government and persons within the
construction and building industry in Samoa in the year 1992 is
hereby adopted as the National Building Code of Samoa.
2002, No. 8 Ministry of Works 61

(2) All Courts shall take judicial notice of any copy of the
Building Code that is certified by the Director General of
Works to be a true copy of the Building Code.
(3) A copy of the Building Code may be inspected at the
offices of the Ministry.
(4) The Director General of Works may make
arrangements for the sale of copies of the Building Code or for
photocopies of parts of it to be taken, and may fix the charge to
be paid in relation to the purchase of a copy of the Building
Code or the photocopying of parts of it.

30. Amendment to the Building Code-(1) The Minister
may from time to time, on the recommendation of the Director
General of Works or the Building Committee, amend the
Building Code if the Minister is satisfied that the requirements
of subsection (2) have been complied with.
(2) If a recommendation is to be made under subsection
(1), the Director General of Works or the Building Committee,
as the case may be, shall -
(a) Publish a notice of the intention to amend the
Building Code, and identify the nature of the
amendment proposed to be made, in the Savali
and one other newspaper circulating throughout
Samoa;
(b) Give interested persons a reasonable time, which
shall be stated in the notice, to make submissions
on the proposed amendment; and
(c) Consult with such persons and representative groups
as is considered appropriate.
(3) To give effect to any amendment under this section the
Minister may sign the proposed amendment and cause notice of
it to be published in the Savali.
(4) The proposed amendment shall come into force upon
the publication of the notice under subsection (3).

31. Requirement to build and demolish in accordance
with the Regulations and the Building Code-(1) The owner
of a building and the builder appointed to construct the
building, shall each ensure that it is constructed or altered, as
62 Ministry of Works 2002, No. 8

the case may be, in accordance with the requirements of the
Regulations and the Building Code.
(2) In the event of a breach of the Regulations or the
Building Code, both the owner and the builder are liable for
prosecution.
(3) The owner of a building to be demolished, and any
person who demolishes a building, shall ensure that it is
demolished in accordance with the requirements of the
Regulations and the Building Code.
(4) This section applies to all buildings and structures
notwithstanding that additional approvals for such buildings or
structures are required under any other laws.

32. Powers of the Director General of Works and
Authorised Persons-(1) The Director General of Works may
impose requirements in respect of a building or structure that
are in addition to any requirement of the Regulations or the
Building Code, if -
(a) There is a unique feature of the building or structure
which in the opinion of the Director General
warrants the additional requirement, but that
otherwise there is no purpose to be served by
amending the Building Code in accordance with
section 30; and
(b) The Director General of Works is of the opinion that
the additional requirement is necessary in the
interests of public safety.
(2) No approval may be validly given in respect a building
or structure to which subsection (1) applies unless it is made
conditional upon meeting the requirements specified by the
Director General of Works.
(3) The Director General of Works -
(a) May set and determine fees which are not otherwise
prescribed by the Regulations in relation to any
service provided by the Ministry or any other
matter related to the regulation of building
construction, alteration and demolition; and
(b) Shall make arrangements for the receipt of all fees
payable under this Act or the Regulations.
2002, No. 8 Ministry of Works 63

(4) The Director General of Works and Authorized Persons
shall have the power to -
(a) Exercise any power prescribed by Regulation, and
any power delegated by the Building Committee;
(b) Inspect and examine the erection, alteration or
demolition of buildings;
(c) Issue certificates and notices in accordance with the
Regulations;
(d) Suspend or revoke any building permit in relation to
a building that is not being built, altered or
demolished in accordance with the Regulations
or the Building Code;
(e) Otherwise enforce the Regulations and Building
Code as prescribed by the Act or the
Regulations; and
(f) Enter any land on which any building to which this
Part applies is being built, altered or demolished,
or on which is situated a building in respect of
which there is a reasonable suspicion that
changes have been made that are in breach of the
Regulations or the Building Code, or which may
otherwise pose a danger to the health or safety of
the public or the building’s occupants.
(5) The Director General of Works and any Authorized
Person shall during an inspection have the authority to -
(a) Question any person on the building site in relation
to the construction, alteration or demolition of
the building, and any matter relevant to the
Regulations and Building Code as they relate to
the building; and
(b) Do any act, or require the owner and the builder, or
any other appropriate person, to do any act
necessary to ensure that the building is
constructed, altered or demolished, as the case
may be, in accordance with the Regulations and
the Buildings Code.
(6) Under subsection 5 the Director General of Works and
any Authorized Person shall have the power to require the
64 Ministry of Works 2002, No. 8

owner and the builder, or any other appropriate person, to
demolish any building or part of a building which does not
comply with the Regulations and the Building Code, and where
an owner or builder fails to comply with any direction or
requirement made under this section the Director General of
Works and any Authorized Person shall have the power to
demolish, or cause to be demolished a building or part of a
building which does not comply with the Regulation and
Building Code.
(7) The Director General of Works may recover from an
owner or builder, or both, any cost or expense incurred by the
Director General of Works or an Authorized Person arising
from the exercise of any power under this section.
(8) The cost and expenses referred to in subsection (7)
shall be the costs and expenses fixed by the Director General of
Works and may be recovered pursuant to an order of the court
given at the time of any prosecution taken under this Part.

33. Power to direct changes to buildings-(1) The Director
General of Works and Authorized Persons have the authority to
require construction changes to a building which is under
construction or alteration where it is discovered that the
building, or part of it, is not being built in accordance with the
Regulations or the Building Code.
(2) The builder and the owner shall carry out the
construction changes as directed under subsection (1) within
such time as directed by the Director General of Works or
Authorized Person.
(3) The Director General of Works may revoke the
building permit issued in respect of the building if the owner or
builder fails to comply with a direction given under this section
within the specified time.
(4) The provisions of this section shall apply, as
appropriate, to any demolition of a building to which the
Building Code applies.

34. Non-compliance with the Regulations or Building
Code-(1) An owner or builder commits an offence where he or
she fails to comply with the Regulations or the Building Code.
2002, No. 8 Ministry of Works 65

(2) An owner or builder commits an offence where he or
she causes or permits any act or omission that is an offence
under subsection (1).
(3) Every person who commits an offence under this
section is liable -
(a) In the case of an individual, to a fine not exceeding
100 penalty units, and a further fine of 10
penalty units for each day that the offence
continues;
(b) In the case of a company, to a fine not exceeding
200 penalty units, and a further fine of 20
penalty units for each day that the offence
continues.
(4) The offences and penalties provided for under this
section are in addition to any other offences against any other
law that may have been committed by the owner or builder in
connection with the construction, alteration or demolition of the
building.

35. Other offences-(1) Any person who enters into or
occupies a building, or who applies the building to any use,
without a Certificate of Occupancy, or any other certificate or
approval required in this regard by the Regulations or Building
Code commits an offence.
(2) Every owner or builder who, without reasonable
excuse, fails to comply with any direction to make changes to a
building given under section 33 commits an offence.
(3) Every person who obstructs or impedes the Director
General of Works or an Authorized Person during an inspection
of a building, or when exercising any function, duty or powers
conferred by this Act or by the Regulations, commits an
offence.
(4) Every person who provides to the Director General of
Works or an Authorized Person any information relating to the
construction, alteration or demolition of a building knowing that
information to be false, or being reckless as to whether it is true
or false, commits an offence.
(5) Any person who commits an offence against this
section shall be liable upon conviction -
66 Ministry of Works 2002, No. 8

(a) In the case of an individual, to a fine not exceeding
100 penalty units, and to a further fine not
exceeding 10 penalty units for every day that the
offence continues; or
(b) In the case of a corporation, to a fine not exceeding
200 penalty units, and to a further fine not
exceeding 20 penalty units for each day that the
offence continues.

36. Ministry etc. not liable for structural defects - The
Ministry, the Director General of Works, Authorized Persons
and members of the Building Committee, whether or not
employed within the Ministry, shall not be liable for any
structural defects of any building arising during or after the
construction, alteration or demolition, whether or not such
defects result in loss of life, injuries to person or any damage
whatsoever.


PART V
ROADS, ROAD RESERVES, DRAINS, BRIDGES,
BUS STOPS AND SEAWALLS

37. Interpretation - In this Part, unless the context
otherwise requires -
“assets” means any public assets as defined in section 2:
“development” includes construction, reconstruction,
widening, improvement and up-grading:
“owner” includes an occupier under any tenancy, or by
any customary right:
“public road” means any road designated as a public road
in accordance with section 39:
“road” has the same meaning as in the Taking of Land
Act 1964, and shall include fords and culverts:
“road crossing” means a crossing leading from the
property of any owner across a footpath or drain to a
road:
2002, No. 8 Ministry of Works 67

“road frontage” means the area of land between the front
boundary of private property and the edge of the
carriageway, but excluding any drain.

38. Responsibility for roads, road reserves, footpaths,
bridges, drains, bus stops and seawalls–(1) The Ministry shall
be responsible for the construction, maintenance and
management of roads, road reserves, footpaths, bridges, drains,
bus stops, seawalls and other public assets in accordance with
this Part.

39. Designating public roads and road reserves-(1) The
Director General of Works may make written Determinations
designating roads to be public roads for the purposes of this
Part.
(2) The effect of designating a road to be a public road
under subsection (1) shall be that -
(a) Without such a designation a road shall not be
constructed or maintained by the Ministry;
(b) Once designated, all persons shall have a right to
use the roadway, subject to any restrictions
imposed by this Act or any other law;
(c) The road shall be listed on the register of public
assets maintained by the Department;
(d) Subject to subsection (3), the area along the length
of the road being 11 meters on each side of the
center points of the carriageway shall be deemed
to be a road reserve for the purposes of this Act -
PROVIDED THAT where a surveyed boundary of
privately owned land adjoining the road on either side is within
the 11 meter area specified in this paragraph, the road reserve
shall extend only up to the line of that boundary; and
(e) Provision may be made for the placement of bus
stops on the road or the road reserve.
(3) The Head of State, acting on the advice of Cabinet,
may make Regulations for the following purposes -
68 Ministry of Works 2002, No. 8

(a) To vary the dimensions of the road reserves
recognized by subsection (2)(d), either generally
or in relation to any specific road;
(b) To classify roads, and to vary the area of a road
reserve applying to any category of road;
(c) To prescribe the uses which may be made of road
reserves;
(d) Otherwise regulating the use of road reserves; and
(e) To prescribe means by which disputes over the
existence of road reserves, or by competing users
of road reserves, may be resolved.

40. Designating other assets as public assets - The
Director General of Works may make written Determinations
designating other assets to which this Act applies as public
assets for the purposes of this Act and may specify the
consequences of such a designation.

41. Roads ceasing to be public roads-(1) The Minister
may by written Determination declare that any public road shall
cease to be a public road as from the date of the Determination,
or from any other specified date.
(2) In a case where the Minister determines that a road has
become a danger to the public the Determination made under
subsection (1) shall be sufficient to deem the road as having
been closed.
(3) In any other case, the Director General of Works shall
notify the Director of Lands, Surveys and Environment of any
Determination made under subsection (1) and action may then
be taken, if appropriate, under Part IV of the Taking of Land
Act 1964 for the road to be close.

42. Identifying areas required for roads, drains, bridges
and seawalls–(1) The Minister may make written
Determinations specifying areas of land required for road
development or for the construction or development of other
public assets to which this Act applies.
2002, No. 8 Ministry of Works 69

(2) The Director General of Works shall promptly notify
the Director of Lands, Surveys and Environment of any
Determination made under subsection (1) so that any required
action can be taken under the Taking of Land Act 1964.
(3) Sections 14, 14A, 15 and 15A of the Taking of Land
Act 1964 (insofar as they relate to objections) shall not apply to
any land to which subsection (1) applies.

43. Restrictions on using areas required for roads etc-
(1) No person, without the prior written consent of the Minister,
may erect, alter or extend any building or structure of any
description on land to which section 42(1) applies, or otherwise
undertake any development of such an area.
(2) In granting a consent under subsection (1), the Minister
may impose such conditions as the Minister considers
appropriate.
(3) No compensation shall be payable in respect of any
building or structure of any description or any development
erected on an area to which section 42(1) applies after the
commencement date, or in respect of any alteration or extension
made after the commencement date.

44. Right of entry for road or other development
purposes-(1) Notwithstanding that any action under section
42(2) remains incomplete, the Minister or the Director General
of Works may at any time authorize any person to enter upon
land to which section 42(1) applies for the purpose of carrying
out any development work, or for any related purpose.
(2) Any person who obstructs any person authorized under
subsection (1) shall be guilty of an offence, and shall be liable
upon conviction to a fine not exceeding 20 penalty units, and to
a further fine not exceeding 10 penalty units for each day during
which the obstruction continues.

45. Compensation-(1) The Head of State, acting on the
advice of Cabinet, may make Regulations concerning the
payment or assessment of compensation to be paid as a result of
70 Ministry of Works 2002, No. 8

any land being acquired for the purposes of this Part, or in
respect of any right to compensation that might otherwise arise
as a result of the operation of any provision of this Part.
(2) Regulations made under subsection (1) shall relate
specifically to the compensation implications of road
development or the development of other public assets to which
this Act applies, and shall apply in that regard notwithstanding
that they may conflict with any provision of Part III of the
Taking of Land Act 1964.
(3) The Minister may, after consultation with the Minister
responsible for Agriculture and the Minister responsible for
Internal Affairs, approve a scale of compensation to be paid in
relation to the destruction of any plants or crops caused due to
road development or the development of other public assets to
which this Act applies.
(4) No action may be maintained in any court for
compensation relating to the destruction or removal of plants
and crops which exceeds the amount prescribed in the scale of
compensation approved under subsection (3), as it applies at the
relevant time.

46. Quarries and gravel pits-(1) Where the Ministry
undertakes the development of roads or other public assets to
which this Act applies and there is a need to extract gravel or
stone for that purpose, the Director General of Works shall
notify the Director of Lands, Surveys and Environment of the
need to take action under the Taking of Land Act 1964 for this
purpose.
(2) Once notification has been given under subsection (1),
the Director General of Works may exercise the powers given
to the Minister in section 11(1) of the Taking of Land Act 1964.
(3) The powers exercisable by the Director General of
Works under subsection (2) shall be subject to the same
restrictions and rights to compensation as those applying to the
powers of the Minister under section 11 of the Taking of Land
Act 1964.
2002, No. 8 Ministry of Works 71

47. Repeal of former road development laws-(1) The
Main Roads Development Act 1972 and the Faleolo Airport
Road Act 1969 are repealed.
(2) All actions relating to road development previously
taken under the laws repealed by subsection (1) shall remain in
full force and shall be deemed to have been taken in accordance
with the provisions of sections 42 – 44 of this Act.

48. Requirement to clear areas near roads-(1) Every
owner of land having frontage to a public road shall -
(a) Keep the grass on his or her road frontage cut short;
(b) Keep all plants, foliage, bushes and trees on his or
her road frontage in a manner as directed by the
Director General of Works; and
(c) Keep his or her road frontage clear of weeds.
(2) The Director of Works may cause notice to be serves
on any owner of land requiring that subsection (1) be complied
with within the time specified in the notice.
(3) Notice may be served for the purposes of this section
by -
(a) Delivering it to the person named in it, or to any
adult person residing on the land to which it
relates; or
(b) Affixing it in a conspicuous place on the land to
which it relates.
(4) Every owner of land who fails to comply with a notice
given under this section commits an offence and is liable upon
conviction to a fine not exceeding five penalty units.
(5) If an owner fails to comply with a notice given under
this section, the Director General of Works may arrange for the
road frontage to be dealt with or maintained as detailed in the
notice, and all costs incurred in so doing shall be recoverable
from the owner, or any co-owner.
(6) The costs referred to in subsection (5) shall be the costs
fixed by the Director General of Works and may recovered
pursuant to an order of the court given at the time of any
prosecution taken under subsection (4).
72 Ministry of Works 2002, No. 8

49. Construction of road crossings for access purposes-
(1) Every owner of land where a public road adjoins a boundary
of the land shall construct and maintain, at his or her cost, all
road crossings leading from the land to the public road.
(2) All road crossings shall be constructed in permanent
materials and shall be maintained to the satisfaction of the
Director General of Works, whose prior approval as to design
and construction shall be obtained before any road crossing is
constructed or reconstructed.
(3) The Director General of Works may cause notice to be
served on any owner of land requiring that a road crossing be
repaired or reconstructed -
(a) Within the time specified in the notice; and
(b) In accordance with the design or construction
requirements determined by the Director General
of Works.
(4) Notice may be served for the purposes of this section
by -
(a) Delivering it to the person named in it, or to any
adult person residing on the land to which it
relates; or
(b) Affixing it in a conspicuous place on the land to
which it relates.
(5) The Director General of Works may cause any road
crossing to be demolished if it is constructed in a manner that
does not comply with this section or if it is allowed to
deteriorate to a state that is not acceptable to the Director
General of Works.
(6) The Director General of Works, or any engineer, officer
or appointed agent of the Ministry, may at all reasonable times
after the giving of at least three days prior notice, enter upon
any land for the purpose of making an inspection of any road
crossing, or to demolish any road crossing in accordance with
subsection (5).
(7) Any person who -
(a) Fails to construct or maintain a road crossing in
accordance with this section; or
2002, No. 8 Ministry of Works 73

(b) Constructs or reconstructs a road crossing without
the approval of the Director General of Works,
or in a manner that is not consistent with the
approval given; or
(c) Fails to comply with a notice given under subsection
(3), or any requirement of the notice; or
(d) Obstructs the Director General of Works, or any
engineer, officer or appointed agent of the
Ministry when inspecting a road crossing or
demolishing a road crossing in accordance with
subsection (5); or
(e) Wilfully destroys or damages a road crossing,
otherwise than as required by this section -
commits an offence, and shall be liable upon conviction to a
fine not exceeding 10 penalty units.

50. Powers of the Director General of Works in relation
to the use of roads, road reserves, bridges etc.–(1)
Notwithstanding the provision of any other law, the Director
General of Works may -
(a) Restrict or prohibit the use by any vehicle or class of
vehicle on any road under construction or repair;
(b) Place restrictions on the speed that any vehicle may
travel in any designated area where a road is
under construction or repair;
(c) Place any other restrictions relating to an area of road
under construction or repair that may be
necessary to ensure the safety of road users or
persons involved with the construction or repair
of the road;
(d) Place restrictions on vehicle access from private
lands on to roads at points where access, either
generally or at specific times, may adversely
affect the flow of traffic on the road or create any
danger to any person;
(e) Place restrictions on the use of a road reserve;
74 Ministry of Works 2002, No. 8

(f) Approve the use of any road reserve, including for
the provision of utility services, subject to any
conditions;
(g) After consultation with the body responsible for land
transport control, restrict the siting of any sign or
advertisement on a road reserve;
(h) Limit the weight of any vehicle passing over a
bridge;
(i) Limit the speed of any vehicle approaching or
passing over a bridge; or
(j) Prohibit vehicles from standing or passing on a
bridge.
(2) For any purpose related to subsection (1), the Director
General of Works may cause to be placed an appropriate sign
on a road way or an approach to a bridge, or cause to be
published, as the Director sees fit, a notice specifying the power
that has been exercised under subsection (1).

51. Offences relating to interfering with road surfaces,
obstructing roads and bridges etc. – Any person who -
(a) Fails to comply with any restriction, limitation or
prohibition imposed under section 50(1);
(b) Wilfully obstructs any road, road reserve or bridge;
(c) Fails to remove an obstruction placed by that person
or over which that person has control, to any
road, road reserve or bridge when required to do
so by the Director of Works;
(d) Uses any road reserve for any purpose that is not
authorized by the Director of Works;
(e) Fails to comply with any condition imposed by the
Director of Works in relation to any approval to
use a road reserve; or
(f) Interferes with the surface of any road or the
structure of any bridge without the approval of
the Director of Works -
commits an offence, and shall be liable upon conviction to a
fine not exceeding 25 penalty units.
2002, No. 8 Ministry of Works 75

52. Regulations-(1) The Head of State, acting on the
advice of Cabinet, may make Regulations for any purpose
relating to the construction, maintenance or management of
roads (or any particular road) or to any other public asset to
which this Act applies.
(2) Without limiting the generality of subsection (1),
Regulations made under that subsection may -
(a) Prescribe other implications of designating a road to
be a public road under section 39;
(b) Prescribe any other requirement relating to the
clearing of road sides or the construction of
access crossings from private land to public
roads;
(c) Give to the Director General of Works any other
power relating to the regulation and or use of
roads, road reserves, bridges and other public
assets to which this Act applies;
(d) Prescribe requirements (including the payment of
fees or charges), restrictions or prohibitions
applying to any road user or class of road user,
including the use of heavy vehicles or any other
vehicle or thing which may adversely affect a
road, road reserve or bridge, or which may
interfere with any other road user;
(e) Prescribe any other offences related to a matter to
which this Part applies; and
(f) Prescribe penalties for the breach of this Part of any
Regulation, being fines not exceeding 20 penalty
units.


PART VI
PLANNING AND URBAN MANAGEMENT SCHEMES

53. Planning and Urban Management Schemes-(1) The
Head of State, acting on the advice of Cabinet, may make
Regulations providing for Planning and Urban Management
Schemes for Samoa or parts of Samoa.
76 Ministry of Works 2002, No. 8

(2) Regulations made under this Part may include -
(a) The designation and control of land use including
conditions and restrictions on the use of any
land;
(b) The location of buildings, structures and
developments;
(c) The provision of systems and schemes to provide for
applications and permits for land use;
(d) The provision of incentives payments, fees and
penalties concerning land use applications and
permits;
(e) The administration of Planning and Urban Manage-
ment Schemes by the Minister, the Ministry and
the Director General of Works;
(f) Controls concerning the location and development of
facilities and utilities including but not restricted
to transport, electricity, water communications,
other public utilities, recreation, education and
all public purposes as defined under sections 2
and 3 of the Taking of Land Act 1964; and
(g) The provision of offences related to any matter to
which this Part applies.


PART VII
MISCELLANEOUS

54. Other powers of the Director General of Works-(1)
In addition to the powers conferred by this Act, the Director
General of Works may exercise powers conferred under any
other Act, including powers relating to section 3 of the Police
Offences Ordinance 1961 to give approvals in respect of -
(a) The opening of drains;
(b) The removal of surfaces of any public footpath or
public place; and
(c) The blasting of any rock, stone or timber in or near a
public place.
(2) Section 3 of the Police Offences Ordinance 1961 is
amended as follows -
2002, No. 8 Ministry of Works 77

(a) By deleting the words “or sewer” from paragraph
(f);
(b) By inserting the words “Opens any sewer or” at the
start of paragraph (j);
(c) By deleting the words “Director of Works” from
paragraph (j), and replacing them with the words
“General Manager of the Samoa Water
Authority”; and
(d) By deleting the words “Director of Works” from
paragraph (s), and replacing them with the words
“Director of Lands, Surveys and Environment”.
(3) For the purposes of subsection (1), the Director General
of Works may -
(a) Approve the form of any application for an approval
which the Director General is empowered to
give;
(b) Fix any fee or charge to be paid in relation to an
application for an approval, or for any approval;
and
(c) Impose such conditions as the Director General of
Works sees fit in relation to the grant of any
approval.

55. Power of the Minister to order special
investigations-(1) The Minister may cause an investigation to
be made into any matter connected with the functions of the
Ministry, or the implementation of the reforms to the role and
structure of the Ministry.
(2) For the purposes of an investigation made under
subsection (1), the Minister may require the production of any
papers, books or documents relevant to the matter under
inquiry, and may require any person to state matters that are
within his knowledge that are relevant to the investigation.
(3) Any person who fails to comply with a requirement
made under subsection (2) commits an offence, and shall upon
conviction be liable to a fine not exceeding five penalty units, or
to a term of imprisonment not exceeding three months, or both.
78 Ministry of Works 2002, No. 8

(4) All information obtained by the Minister pursuant to
subsection (2) shall be treated as confidential except for the
purpose of addressing any need to rectify any matter of
administration within the Ministry.

56. Repeal of laws - The Acts stated in Schedule 2 are
repealed.

57. Savings of contracts, permits, authorizations etc.- (1) Nothing in this Act shall affect the validity of any contract
made by the Ministry under the repealed Ordinance.
(2) All permits, authorizations and approvals given under
any Act repealed by section 55 shall continue to have full force
and effect and where appropriate shall be deemed to have been
given under the equivalent provision of this Act.
(3) All legal proceedings commenced under any Act
repealed by section 56 shall continue as if the relevant Act had
not been repealed, or may be deemed by a court to have been
taken under the equivalent provision of this Act.

58. Regulations-(1) The Head of State, acting on the
advice of Cabinet, may make Regulations for any purpose
related to role, functions, powers, operations, management and
reform of the Ministry.
(2) Without limiting the generality of the power conferred
by subsection (1), the Regulations may -
(a) Further define, add to or delete any of the principal
functions of the Ministry;
(b) Add to or delete from the definition of “public
assets” in section 2;
(c) Make further provision in relation to the
appointment, responsibilities and powers of any
technical or advisory committee established
under section 12;
(d) Prescribe matters in relation to the formation,
operations and management of Business Units;
(e) Prescribe matters related to the transfer of functions
to or from the Ministry; and
2002, No. 8 Ministry of Works 79

(f) Prescribe any other matter to facilitate the
performance by the Ministry of any of its
principal functions under this Act, or the
discharge by the Director General of Works of
his or her powers and responsibilities.

59. References to the Department of Works and
Director of Works - Where in any Act, Regulation, Statutory
Instrument or other document a reference is made to the
Department of Works and the Director of Works, unless the
context and circumstances require otherwise, such reference
shall be read as the Ministry of Works and Director General of
Works respectively.


SCHEDULE 1

Section 27(1)

BUILDING REGULATIONS ADOPTED UNDER THIS
ACT

1. Board of Health (Building, Drainage and Privies)
Regulations No.6 1923
2. Board of Health (Building, Drainage and Sanitation)
Regulations No.8 1929
3. Board of Health (Concrete Buildings) Regulations
No.116 1947 (insofar as these Regulations relate to the
erection of buildings).


SCHEDULE 2

Section 55

LAWS REPEALED BY THIS ACT

1. Road Clearing Ordinance 1950
2. Road Crossing Ordinance 1952
80 Ministry of Works 2002, No. 8

3. Special Projects Development Corporation Act 1972
4. Public Works Ordinance 1959

and by reason of section 47 -

5. Main Roads Development Act 1972
6. Faleolo Airport Road Act 1969


The Ministry of Works Act is administered in the
Ministry of Works