Clause 12

by deleting the words “A Town Council” in subsection (1) and substituting the words “Subject to subsections (1A), (4) and (5) and sections 21A and 21B, a Town Council”;

by deleting paragraph (aa) of subsection (1) and substituting the following paragraph:“(aa)do, with the approval of the Minister, any of the following in relation to any facility that is erected, installed or planted within the Town but is outside of the common property of the residential and commercial property in the housing estates of the Board within the Town:

erect, install or plant (including landscaping) the facility;

demolish and relocate the facility;

repair and maintain the facility,provided that the owner of the property on which the facility is erected, installed, planted, demolished or relocated consents;”;

by deleting the words “or any other Act” wherever they appear in subsection (1)(b), (d) and (f);

by deleting paragraph (c) of subsection (1) and substituting the following paragraph:“(c)set such charges as the Town Council from time to time thinks fit for all or any of the following if prescribed by rules under section 57:

for use of any common property within the Town or any part of the common property;

for use of any improvements made by the Town Council to that common property;

for such use of any services and facilities provided by the Town Council;”;

by deleting subsection (2) and substituting the following subsections:“(1A) However, nothing in subsection (1) confers any power on a Town Council to wholly remove, demolish or destroy, without the prior consent of the Board, any recreational equipment or other installation or structure that —

is situated on any common property in a housing estate within its Town; and

is not constructed by the Town Council.(2) A Town Council may —

manage or maintain —

any parking place and industrial property, or any market or food centre, of the Board upon terms and conditions agreed between the Town Council and the Board; or

any market or food centre of the Government upon terms and conditions agreed between the Town Council and the Government; or

carry out such other works on any common property of the housing estates within the Town on behalf of the Board upon terms and conditions agreed between the Town Council and the Board.”;

by deleting the words “public authority” wherever they appear in subsection (3) and substituting in each case the words “statutory authority”; and

by deleting subsection (4) and substituting the following subsections:“(4) Except with the prior approval of the Minister, and despite subsection (1)(f), a Town Council for a Town has no power to carry on substantial trading or financial activities other than —

activities relating to the control, management, maintenance and improvement of the common property of the residential and commercial property in the housing estates of the Board within the Town;

activities to keep that common property in a state of good and serviceable repair and in a proper and clean condition; or

activities expressly permitted under any provision of this Act.(5) Despite subsection (1)(c), a Town Council is not entitled to demand or take from —

the Board (or any of its contractors or agents) a charge for carrying out an activity on any part of the common property within the Town for which the Town Council is established, where the activity is carried out in the course of performing the functions or duties of the Board; or

any other person a charge for a use that is not prescribed by rules under section 57 for the purposes of subsection (1)(c).(6) A Town Council that demands or takes a charge in contravention of subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.(7) Upon conviction of a Town Council for an offence under subsection (6) for taking a charge from any person, the Court may, in addition to any penalty that may be imposed under that subsection, order the Town Council to refund to that person the charge taken.”.