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Honiara City Act 1999

SOLOMON ISLANDS


HONIARA CITY ACT 1999
(NO. 2 OF 1999)


Passed by the National Parliament this twenty-sixth day of May 1999.


Assented to in Her Majesty's name and on Her Majesty's behalf this twenty-eighth day of September 1999.


Date of commencement: see section 1


AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A CITY COUNCIL FOR THE HONIARA CITY; TO PRESCRIBE ITS FUNCTIONS AND POWERS AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.


ENACTED by the National Parliament of Solomon Islands.


___________


ARRANGEMENT OF SECTIONS


SECTION


PART I
PRELIMINARY


1. Short title and commencement
2. Interpretation


PART II
ESTABLISHMENT OF HONIARA CITY COUNCIL


3. Honiara to be Honiara City.
4. Establishment of the Honiara City Council.
5. Membership of the City Council.
6. Time of election and term of office of members.
7. Mayor and Deputy Mayor.
8. Removal of Mayor.
9. Dissolution of the City Council.
10. By-elections.
11. Qualification for elected membership of the City Council.
12. Disqualification for election of member of the City Council.
13. Vacancy in seat of members.
14. Standing Orders.
15. Salaries and allowances of members of the City Council.


PART III
ELECTIONS, VOTERS AND ELECTORAL REGISTERS


16. Review of electoral arrangements.
17. Qualifications of voters.
18. Conduct of elections.


PART IV
STANDING COMMITTEES OF THE CITY COUNCIL


19. Standing Committees.
20. Appointment of ad hoc committees.


PART V
FUNCTIONS AND POWERS OF THE CITY COUNCIL


21. Functions of the City Council.
22. Power to accept gifts.
23. Fees.
24. Power to enter into contracts.
25. Property insurance.
26. Provision of buildings by the City Council.
27. Acquisition of and dealings in land.
28. Powers of Government officers.
29. Power to enforce functions of City Council.
30. Expenses in respect of transferred functions.
31. Powers in emergency.
32. Additional powers of the City Council.
33. Agency agreements.


PART VI
LEGISLATION


34. Extent of power to make laws.
35. City Ordinances.
36. Withholding of assent from Bills.


PART VII
EMPLOYEES OF THE CITY COUNCIL


37. Enforcement officers.
38. Staff instructions.


PART VIII
FINANCE


39. Establishment of the City Fund and other funds.
40. Payments out of the City Fund and other funds.
41. Bank accounts.
42. Officers and employees of the City Council.
43. Delegation to officers.
44. Payments into the City Fund by the Minister.
45. Estimates.
46. Financial systems.
47. Accounts.
48. Borrowing powers of the City Council.
49. Guarantee by the City Council.
50. Establishment of Capital and Investment Fund.


PART IX
DISSOLUTION OF TOWN COUNCIL


51. Dissolution of Town Council.


PART X
RELATIONS WITH THE NATIONAL GOVERNMENT


52. Suspension or dissolution of City Council.
53. Power to amend Schedules.
54. Provision of information.
55. Investment of funds.


PART XI
LEGAL PROVISIONS


56. Notice of suit to be given by plaintiff.
57. Limitation of suits against City Council.
58. Appearance of City Council in legal proceedings.
59. Mode of service on City Council.
60. Powers of entry.
61. Description of property.
62. Publication of notices.
63. Service of notices etc. by the City Council.
64. Authentication and execution of documents.


PART XIII
MISCELLANEOUS


65. Amendments of enactments.
66. Subsidiary legislation.
67. No Crown immunity.
68. Obstruction of officers, etc.
69. Penalty for unqualified person sitting or voting.
70. Supply of information.
71. General penalty.
72. Power to remove difficulties.
73. Regulations.


SCHEDULES


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PART I
PRELIMINARY


Short title and commencement.


1. This Act may be cited as the Honiara City Act, 1999, and shall come into force on such date as the Minster may appoint by notice published in the Gazette:


Provided that different parts of this Act may come into force at different times as the Minister may appoint from time to time.


Interpretation.


2. In this Act, unless the context otherwise requires -


"boundaries" mean the City and Ward Boundaries as set out in Schedule I;


"Boundaries Commission" means the Constituency Boundaries Commission constituted under section 53 of the Constitution;


"City Council" means the Honiara City Council established under section 4;


"City Fund" means the general fund for Honiara City, established under section 39;


"competent authority" means an authority appointed under section 52(2);


"Deputy Mayor" means the Deputy Mayor appointed under section 7(2);


"financial year" means the twelve months commencing on first January and ending on thirty-first December in any year;


"levy" does not include collection of any tax or rate;


"Mayor" means the Mayor elected under section 7;


"Minister" unless used in a provision as a reference to a Minister charged with a specific responsibility, means the Minister for the time being charged with responsibility for Honiara City Council;


"Standing Committee" means a Committee appointed under section 19;


"Standing Orders" means orders made under section 14;


"Town Council" means the Honiara Appointed Council established by warrant published in the Gazette as Legal Notice No. 110 of 1998 and includes the Honiara Town Council dissolved under the same warrant.


PART II
ESTABLISHMENT OF HONIARA CITY COUNCIL


Honiara to be Honiara City.


3. As from the commencement of this Act, Honiara as it exists immediately before such commencement, shall be Honiara City as provided for under the Constitution.


Establishment of the Honiara City Council.


4. (1) There shall be established under this Act for the purpose of the administration of Honiara City a body to be known as the Honiara City Council.


(2) The boundaries of Honiara City shall be as set out in Schedule 1, and shall be the area of authority of the City Council.


(3) The City Council shall be a body corporate to which the provisions of Part VII of the Interpretation and General Provisions Act shall apply.

Cap. 85.


Membership of the City Council.


5. (1) The City Council shall consist of -


(a) twelve elected members;


(b) four members to be appointed by the Minister provided one of the members shall be from Guadalcanal; and


(c) members of Parliament who represent Honiara City; and


(d) the Premier of Guadalcanal Province.


(2) The members referred to in paragraphs (c) and (d) of subsection (1) shall be ex officio members.


(3) Each electoral ward shall, subject to section 16 return one member.


(4) The appointment of members under subsection (1)(b) shall be made within twenty-one days after an ordinary election is held under section 6.


Time of election and term of office of members.


6. (1) The first ordinary election of members of the City Council shall be held on a date to be appointed by the Minister by Notice published in the Gazette, being not later than three months after the commencement of this Act.


(2) The elected members of the City Council shall be returned to the electoral wards specified in Schedule 1, and each ward shall return one member.


(3) Subject to subsection (4), any subsequent ordinary election of members of the City Council shall be held on the fourth anniversary of the date of the previous election of members.


(4) If the anniversary referred to in subsection (3) falls on an excluded day the election shall be held on the next subsequent day which is not an excluded day.


(5) In this section and in section 9, "excluded day" in relation to an election, means Saturday, Sunday and any day which is a public holiday for the purposes of the Public Holidays Act, unless it is a day appointed under section 6 of that Act for the purposes of the election.

Cap. 151


Mayor and Deputy Mayor.


7. (1) The City Council shall within fourteen days after an ordinary election elect from the elected members a Mayor.


(2) There shall be a Deputy Mayor who shall be appointed from among the elected members by the Minister acting in accordance with the advice of the Mayor.


(3) The office of the Deputy Mayor shall become vacant-


(a) if his appointment is revoked by the Minister on the advice of the Mayor;


(b) if he resigns by writing to the Minister through the Mayor;


(c) if he is absent from three City Council meetings without obtaining leave from the Mayor;


(d) if circumstances arise that would cause him to be disqualified under section 12 from being a member of the City Council.


(4) Where the office of the Mayor is vacant under section 8 the Deputy Mayor shall preside at the meetings of the City Council and perform the functions of the Mayor:


Provided that at the first sitting of the City Council after an election held under section 6, until the Mayor is elected the City Clerk shall preside at such meeting, in accordance with the Standing Orders.


Removal of Mayor.


8. The office of Mayor becomes vacant where -


(a) a resolution is passed by an absolute majority of the elected members of the City Council declaring that the Mayor be removed, and the Minister makes a declaration to that effect;


(b) it is determined by a commission established for that purpose by the Minister that the Mayor has committed misconduct in office; or


(c) he resigns his office by writing to the Minister.


(2) No resolution shall be passed by the City Council under subsection (1)(a) until the expiry of a period of eighteen months from the date of the Mayor being elected to office.


Dissolution of the City Council.


9. (1) Subject to the provisions of subsection (2), the City Council shall be dissolved on the eve of an ordinary election of members.


(2) Notwithstanding the provisions of subsection (1), the City Council shall -


(a) stand dissolved from the date on which a competent authority is appointed under section 52(2); or


(b) be dissolved upon a direction of the Minister, if the City Council resolves that it should be dissolved and the resolution is supported by the votes of an absolute majority of the elected members of the City Council.


(3) Where the City Council is dissolved under sub-section (1), an election of members shall be held on a day, other than an excluded day, next following the date of dissolution.


By-elections.


10. (1) Subject to subsection (3), where the seat of a member of the City Council is vacant an election shall be held to fill the vacancy.


(2) The date of the election shall be fixed by the Minister and shall not be later than three months after the vacancy has come to his notice.


(3) The election may not be held if the last day for holding it would fall within three months preceding the next election to be held under section 6.


Qualification for elected membership of the City Council.


11. Subject to the provisions of section 12, a person shall be qualified for election as a member of the City Council if that person is registered as a voter in that particular ward in which he seeks election.


Disqualification for election of member of the City Council.


12. A person is disqualified for election as a member of the City Council if, at that time -


(a) he is disqualified for election as a member the city of Parliament under section 48 or 49(1)(a), (c), (d) and (f) of the Constitution;


(b) he is under any sentence as specified in section 49(1)(e) of the Constitution;


(c) he has been convicted in Solomon Island or in any other Commonwealth country of any offence for which he was liable on conviction to imprisonment for a period of six months or more and a period of less than four years has elapsed since the date of the conviction;


(d) he is a member of a Provincial Assembly;


(e) he is an employee of the City Council;


(f) he has been ordinarily resident in Honiara City for a period less than one year.


Vacancy in seat of members.


13. (1) The seat of a member of the City Council shall become vacant -


(a) on a dissolution of the City Council; or


(b) if by writing addressed to the Mayor, he resigns his seat; or


(c) if he is absent from three consecutive meetings of the City Council without obtaining leave from the Mayor unless such absence was due to some reason approved by the Mayor.


(2) Any person whose seat in the City Council has become vacant may, if qualified again, be elected as a member of the City Council.


(3) The proceedings of the City Council shall not be invalidated by reason of any vacancy among its members or the want of qualification of any member.


Standing Orders.


14. (1) The City Council shall with the approval of the Minister make Standing Orders for regulating its procedure and any other matters relating to the business of the Council.


(2) The Standing Orders shall make provision for the matters referred to in Schedule 2 and shall do so in accordance with the requirements of that Schedule.


Salaries and allowances of members of the City Council.


15. (1) There shall be paid to members of the City Council other than the Mayor such allowances as the Minister may by Order prescribe.


(2) Power to determine the salaries and allowances of the Mayor shall vest in the Members of Parliament (Entitlement) Commission.


(3) Payments under this section shall be made out of the City Fund.


(4) In this section "salary" includes any benefit payable in right of membership of the City Council but does not include an allowance.


PART III
ELECTIONS, VOTERS AND ELECTORAL REGISTERS


Review of electoral arrangements.


16. (1) Where the Boundaries Commission has conducted a review of the electoral ward boundaries for Honiara City, it shall submit proposals to the Minister accordingly.


(2) Where the proposals are submitted to the Minister under this section he shall make an order giving effect to the proposals.


Qualifications of voters.


17. The provisions prescribed in section 15 of the National Parliament Electoral Provisions Act shall apply in respect of determination of the eligibility of persons entitled to vote at City Council elections.

Cap. 87.


Conduct of elections.


18. (1) The Minister may by regulations make provision in respect of -


(a) the registration of voters and the conduct of elections of members of the City Council; and


(b) the questioning of elections and the consequences of irregularities.


(2) Regulations under this section -


(a) may apply (with such modification or exceptions as may be specified) to any provisions of the National Parliament Electoral Provisions Act and may impose requirements for candidates in addition to those imposed by that Act; and

Cap. 87.


(b) may provide for the charging of any sum on the City Fund.


PART IV
STANDING COMMITTEES OF THE CITY COUNCIL


Standing Committees.


19. (1) The Minister, on the advice of the Mayor shall appoint from the members of the City Council not less than seven Standing Committees. Each Standing Committee shall assume executive functions of the Council. Each Standing Committee shall consist of a Chairman and not more than five members.


(2) The Mayor shall in writing assign to each Standing Committee executive powers, functions and responsibilities for the administration of any department of the Council, except the power to -


(a) make any Ordinance;


(b) make and levy any rate;


(c) borrow or lend money; and


(d) approve annual estimates.


Appointment of ad hoc committees.


20. (1) Where a Standing Committee deems it necessary it may in consultation with the Mayor appoint an ad hoc committee to perform any specific task.


(2) In appointing such an ad hoc committee the Standing Committee may prescribe guidelines or terms of reference to assist the ad hoc committee to perform such specific task.


PART V
FUNCTIONS AND POWERS OF THE CITY COUNCIL


Functions of the City Council.


21. (1) The City Council may perform all or any of the functions listed in Part I of Schedule 5 and may for such purposes impose fees, rates or charges by Ordinance.


(2) The Minister may after consultation with the Cabinet and the Minister concerned transferred by Order any of the statutory functions listed in Schedule 4 to the City Council.


(3) Where any statutory function is transferred to the City Council pursuant to subsection(2), the Minister may in the Order transferring such statutory functions make such modification to any enactment as appear to him to be necessary or expedient in consequence of the Order.


(4) Where as a result of the transfer of certain statutory provisions by an Order made under subsection (2), it appears to the Minister that certain property belonging to the Government may be used mainly for or in connection with the exercise of such statutory powers, the Minister may by order in concurrence with the Minister concerned transfer, subject to such conditions as he may specify, such property to the City Council.


(5) In the discharge of its functions it shall be the duty of the City Council to generally promote the health, welfare and convenience of the inhabitants of the area of its authority and to maintain order and good government in such area; and for these purposes the City Council may, within the limits of the functions so conferred, either by its own officers or by duly appointed agents do all such things as are necessary or desirable for the discharge of such functions.


(6) Any function conferred upon the City Council shall be exercisable over all persons within the area of its authority save as is otherwise expressly provided in this Act or in any regulations, Orders or Ordinances made hereunder.


Power to accept gifts.


22. The City Council may accept, hold and Power to administer any gift of property for any public purpose or for the accept gifts benefit of the inhabitants of the area of its authority or any part thereof and may execute any works (including works of maintenance and improvement) incidental to or consequential on the exercise of the powers conferred by this section.


Fees.


23. The City Council may charge fees for any service or facility provided by the City Council or for any licence or permit issued by the City Council under the provisions of this Act or of any regulations or Ordinances made hereunder.


Power to enter into contracts.


24. (1) The City Council may enter into any contract necessary for the discharge of any of its functions under this or any other Act.


(2) The City Council or a Standing Committee duly authorised to accept tenders, may accept the tender which, having regard to all the circumstances, appears to it to be the most advantageous, and may take security for the due and faithful performance of every contract, or it may decline to accept any tender:


Provided that all tenders received shall be recorded in the minutes of the City Council or committee, as the case may be.


(3) Nothing in the section shall apply to any contract for the purchase by the City Council of produce or other perish able goods bought in a public market, or an purchase entered into by the City Council as the result of bidding at a public auction.


Property insurance.


25. The City Council may insure all or any of its insurance property against risks of any type.


Provision of buildings by the City Council.


26. (1) The City Council m provide or hire and furnish buildings wit authority to be used for the purpose of transacting the business of the Council and for public meetings and assemblies.


(2) The City Council may build, provide or hire and maintain quarters or houses for any officer or employee of City Council.


Acquisition of and dealings in land.


27. (1) The City Council may, for the purpose of any of its functions under this or any other Act, by agreement acquire, whether by way of purchase, lease, gift or exchange, any land situated within or outside the area of its authority whether such land is immediately required or not.


(2) Where any land is required by the City Council for the purpose of any of its functions and by or doubts as to the ownership of the land required the parties to agree to the terms or for any of other cause the acquisition of the land is being hindered, the Minister of Lands may, on the application by the City Council and on being satisfied that the purpose for which the land is required is of public benefit or, declare the land to be required for a public purpose under the provisions of section 71 of the Land and Tittles Act, and direct the transfer of such land to the City Council, and, subject to any directions by the Minister to the contrary, the City Council shall pay all expenses incurred and compensation paid in respect of the acquisition of such land.

Cap. 133.


(3) Any land acquired under subsection (1) may, until it is required for the purpose for which it was acquired, be held and used for the purpose of any of the functions of the City Council.


(4) Any land belonging to the City Council and not required for the purpose for which it was acquired may be appropriated for any other purpose, except that in the case of land compulsorily acquired under subsection (2), the consent of the Minister shall be required.


(5) Subject to subsection (4) the City Council may sell, let or otherwise dispose of any land which it may possess and which is not required for the purpose for which it was acquired or is being used:


Provided that nothing in this subsection shall authorise the disposal of land by the City Council whether by sale, lease or otherwise in breach of any trust, covenant or agreement binding upon the City Council.


(6) Subject to the provisions of the Town and Country Planning Act and the Land and Titles Act, the City Council may lay out building plots upon or otherwise subdivide any land which it may possess for the purpose of housing or residential schemes, commercial, industrial or any other purposes within the area of its authority and may sell, let or otherwise dispose of any such plots or subdivisions of land and the buildings thereon.

Cap. 154.
Cap. 133.


Powers of Government officers.


28. The Minister may in consultation with the Public Service Commission or other relevant appointing authorities, by notice direct that specified Government officers, or categories of officers, be deemed to be officers of the City Council for the purposes of giving effect to and enforcing any Ordinances made by the City Council.


Power to enforce functions of City Council.


29. (1) If the Minister is satisfied that the City Council has made default in the performance of any function conferred or imposed upon it by or under this Act; or any other Act for the time being in force, he may, after having given the City Council reasonable notice of his intention to do so and having considered the representations, if any, of the City Council thereon, make an order declaring the City Council to be in default and may, by the same or any other order -


(a) for the purpose of removing the default, direct the City Council to perform such of its such manner and within such time or times as may be specified in the order; or


(b) subject to subsection (2) by order transfer to such person or body as he may deem fit such of the functions referred to in subsection (1).


(2) If the City Council fails to comply with requirement specified in an order made under paragraph (a) of subsection (1) within the time limited thereby for with that requirement, the Minister may make an order under paragraph (b) of that subsection.


(3) Where an order has been made under (b) of subsection (1), the Minister may, if he consider made by the City Council to be of such a nature as to by the same or any other order, with the concurred Cabinet remove the members of the City Council for such time as he may think fit from the performance of such of their functions as may be specified in such order.


Expenses in respect of transferred functions.


30. Where any functions of the City Council transferred to any person or body under the provisions of paragraph (b) of subsection (1) of section 29, the expenses incurred by such person or body in discharging those function shall be a debt due from the City Council to such person or body, as the case may be.


Powers in emergency.


31. In the event of any sudden disaster or emergency endangering the life or property of any person within the area of authority of the City Council, the City Clerk may, after consultation with the Mayor if practicable, and having regard to any approved plan for such emergency, makes such decisions and take such steps as may be reasonably necessary to do with the situation, without prior reference to the Council:


Provided that in the case of a natural disaster any decision taken shall as far as practicable be in consultation with National Disaster Council:


Provided further that the City Clerk shall as soon as practicable report any such decisions and steps to the May City Council.


Additional powers of the City Council.


32. (1) Subject to the preceding sections of this Part, the City Council has the power to do all things necessary or convenient to be done for, in connection with or incidental to, and may do anything which is not otherwise unlawful for, the purpose of performing its functions.


(2) Notwithstanding the provisions of subsection (1), the City Council shall not, in the exercise of its powers or the performance of its functions -


(a) conduct relations with any country outside Solomon Islands; or


(b) seek to obtain, or accept financial assistance from persons outside Solomon Islands, except with the consent of the Minister and in accordance with the provisions of the Central Bank of Solomon Islands Act.

Cap. 49.


Agency agreements.


33. (1) Arrangements may be made between the City Council and any public authority for any functions of one of them to be performed by, or by officers of, the other, and for the provision by one of them for the other of any administrative, professional or technical services.


(2) No such arrangements for the performance of any functions or the providing of any service shall affect the responsibility of the public authority on whose behalf the function is performed or the service is provided.


(3) In this section "public authority" means -


(a) any department of the National Government;


(b) any Provincial Executive;


(c) any Area Council or similar body;


(d) any body corporate established by an enactment; and


(e) any company (within the meaning of the Companies Act) of which a public authority is a member.

Cap. 175.


PART VI
LEGISLATION


Extent of power to make laws.


34. (1) Subject to the other provisions of this Act, the City Council shall have power to make laws only if and to the extent that they relate to matters within its legislative competence or to a matter which is specified in Part II of Schedule 5.


(2) The City Council shall have no power to make a law which imposes, alters or abolishes any tax other than a rate made pursuant to Part I of Schedule 5 any other provision of this Act.


City Ordinances.


35. (1) Subject to the other laws may be made by the City Council as its Ordinances.


(2) The laws referred to in subsection (1) shall take the form of Bills, and where a Bill is passed by the City Council, and assented to by the Minister, it shall be enacted as an Ordinance and shall have the force of law.


(3) Where a Bill as passed by the City Council is presented to the Minister for his assent, he shall not withhold his assent except where he acts under section 36.


(4) Subject to section 34 an Ordinance may amend or repeal any provision of an Ordinance made by it.


(5) Ordinances shall be judicially noticed.


(6) Notwithstanding provisions of the Interpretation and General Provisions Act an Ordinance may prescribe by way of penalty a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding two years and further provide where necessary a penalty not exceeding fifty dollars for each day on which the offence is continued after written notice of the offence has been served on the offender.

Cap. 85.


Withholding of assent from Bills.


36. (1) Where a Bill, as passed by the City Council, is presented to the Minister for his assent and he is of the opinion that any provision of the Bill -


(a) does not relate to a the matter within the legislative competence of the City Council; or


(b) relates to such matter but the City Council has no power, under this Act to make such provision by law,


he shall return the Bill to the City Council drawing its attention to that provision with directions that the City Council sets aside the Bill or any specified provision thereof, or give such directions for the making of such amendments to the Bill as he may consider appropriate, and the City Council shall proceed with the Bill accordingly.


(2) Where the City Council, after considering the directions of the Minister, forwards the Bill again to the Minister for his assent, and the Minister is of the opinion that the Bill has been amended in accordance with his directions, he shall assent to the Bill.


PART VII
EMPLOYEES OF THE CITY COUNCIL


Enforcement officers.


37. The City Council may employ such enforcement officers as it shall deem necessary for the purpose of giving effect to the provisions of this Act and any Ordinance made by it.


Staff instructions.


38. (1) Subject to the provisions of this Act, the City Council may issue written instructions (to be called Staff Instructions) providing generally for the employment, control and conditions of service of officers and employees of the City Council and in particular -


(a) regulating appointments, grades, remuneration, promotion, termination of appointments, dismissal and leave;


(b) maintaining discipline, including withholding or deferring of increments, or reduction in rank or salary, or deductions from salary in respect of damage to or loss of property of the City Council by misconduct or breach of duty;


(c) regulating the rates, conditions and payment of allowances and gratuities, the grant of advances and the terms and conditions of service generally;


(d) such other matters relating to departmental procedure and the duties and responsibilities of officers and employees as the Council considers can be best regulated by such instructions.


(2) For the purposes of subsection (1), there shall be established a board which shall be called the Honiara City Council Employment Board and which shall consist of five members to be appointed by the Minister, namely -


(a) a representative of the Public Service Commission;


(b) a representative of the Chamber of Commerce;


(c) a police officer;


(d) a medical practitioner; and


(e) one other member to be nominated by the Council.


(3) The City Clerk shall be the Secretary to the Board.


(4) All expenses of the Board shall be charged on the City Fund.


(5) The term of office of the Board shall be four years.


PART VIII
FINANCE


Establishment of the City Find and other funds.


39. (1) There is hereby established a general fund for Honiara City, called the City Fund, into all revenues and other receipts of the City which are disposed of or accounted for in other law or provision of this Act or an arrangement made under subsection (2). There shall be paid from the City Fund all expenditure properly and lawfully incurred by the City Council any such expenditure is properly payable from a training fund or a special fund.


(2) Notwithstanding anything contained in this section the City Council may with the approval of the Minister establish a special fund for any specific purpose.


(3) Where a special fund is established under subsection (2) the Minister may make rules regulating the use and administration of such fund.


(4) No expenditure shall be incurred from the City Fund except by an Ordinance called the Appropriation Ordinance. An Appropriation Ordinance may only appropriate sums -


(a) for the purposes of exercising powers and performing functions by the City Council under this Act; and


(b) for a purpose for which they are payable out of the City Fund.


(5) An Appropriation Ordinance may provisionally authorise the payment out of the City Fund in advance of appropriation sums not exceeding in the aggregate such amount as may be specified in the Ordinance.


(6) An Appropriation Ordinance shall not have effect at any time unless, at the time, there is in force an Ordinance (in this Act referred to as a Financial Management Ordinance) dealing with each of the matters mentioned in Schedule 6.


Payments out of the City Fund and other funds.


40. (1) No payment shall be made out of the City Fund except under the authority of a warrant given by two officers signing jointly and specifically authorised by the City Council for that purpose.


(2) No warrant authorising payment of any sum shall be given unless -


(a) the sum is part of the sums appropriated for any purpose by the City Council;


(b) payment of the sum has been provisionally authorised under section 39(5); or


(c) the sum has been charged on the City Fund by or under any law.


(3) A sum issued out of the City Fund or a special fund may not be applied for any purpose other than -


(a) the purpose for which it was appropriated or charged; or


(b) the purpose to which it is allocated in accordance with the Financial Management Ordinance, being a purpose falling within section 39(4).


Bank accounts.


41. All moneys belonging to the City Council shall be paid into such local bank or banks registered and operating it Solomon Islands as the City Council may from time to time appoint.


Officers and employees of the City Council.


42. (1) The City Council shall appoint a Chief Executive who shall be the City Clerk, and appoint such other officers and employ such other persons as it shall think necessary for the efficient discharge of the functions of the City Council.


(2) The person appointed u Chief Executive of the City Council is:


(a) the control and d employees of the City Council;


(c) implementing the City Council's policy and decisions; and


(d) ensuring the effective, efficient and economic management of the activities and planning of the City Council.


(3) The City Council may appoint a person to be the Deputy Chief Executive of the City Council.


Delegation to officers.


43. (1) The City Council may, by instrument in writing delegate to an officer or employee any of its powers and functions under this or another Act, other than the powers contained in sections 19(2) and 23.


(2) A power or function delegated under this section by the City Council, when exercised or performed by the delegate, shall for the purposes of this Act be deemed to have been exercised or performed by the City Council.


(3) A delegation under this section does not prevent the exercise of a power or performance of a function by the City Council.


(4) The City Council shall cause a register of delegations made under this section to be opened and maintained.


Payments into the city fund by the Minister.


44. The Minister shall, in respect of each financial year, make payments into the City Fund; and the amount of the payment into the City Fund, and the timing and amount of any instalments by which the payment is to be made, shall be such as may be specified by the Minister by order.


Estimates.


45. (1) The Standing Committee responsible for Finance shall lay before the City Council before the 30th September in each financial year estimates of the revenue and expenditure of the City Council for the next financial year.


(2) The estimates shall show the sources of revenue and the purpose and scope of each head of expenditure.


Financial systems.


46. (1) The City Council shall adopt financial systems and reporting and record-keeping procedures that are consistent with internationally accepted accounting practices.


(2) The systems and procedures adopted shall -


(a) identify the costs, revenue and financial performances of the various activities of the City Council and of each of its significant activities and include, for each, significant activity, a separate allowance for depreciation and provision for a return on the capital involved;


(b) correctly record and correctly explain the transactions for the City Council;


(c) at any time enable the financial position of the City Council to be determined with reasonable accuracy;


(d) enable a true and fair view of the state of affairs of the City Council to be presented at the end of each month and at the end of each financial year;


(e) enable the accounts of the City Council to be readily and properly audited by the Internal Audit at all times and the Auditor-General at the ed of the financial year;


(f) show in full and complete manner -


(i) all income and expenditure;


(ii) all assets and liabilities including contingent liabilities and guarantees;


(iii) the application of all funds held or received for any particular purpose (such as special funds) and the mount and location of such funds while held by the City Council.


Accounts.


47. (1) For each financial year, the Standing Committee responsible for Finance shall prepare the following accounts -


(a) accounts of sums paid and received by the City Council;


(b) an account of payments it the City Fund, and any special fund; and


(c) a balance sheet of the assets and liabilities of the City Council.


(2) The accounts shall be sent to the Auditor-General as soon as practicable after the end of the financial year to which they relate but, in any event, not later than three the end of that year.


(3) The Auditor-General shall, after auditing the accounts pursuant to subsection (3) of section 108 of the Constitution lay copies of them, together with his report as required under that subsection before the City Council.


(4) The City Council shall publish -


(a) the accounts and reports received by it under subsection (3) within six months of their receipt; and


(b) the reports of the Standing Committee responsible for Finance.


(5) The City Council shall pay in respect of any audit under section 108(3) of the Constitution such amounts as the Auditor-General may direct, and any sum payable under this subsection shall be a charge on the City Fund.


Borrowing powers of the City Council.


48. (1) The City Council shall not borrow money except in accordance with this section.


(2) The City Council may borrow temporarily (either by way of overdraft or otherwise) from an authorised lender such sums as may appear to the City Council to be required -


(a) for the purposes of meeting a temporary excess of sums paid out of the City Fund or a special fund over sums paid into the respective fund; or


(b) for the purpose of providing a working balance in any of the respective funds referred to in paragraph (a).


(3) The aggregate outstanding in respect of the principal sums borrowed by the City Council shall not exceed thirty per cent of the previous year's revenue actually collected, or any higher amount approved by the Minister.


(4) Sums required for the payment of, or the payment of interest on, sums borrowed under this section shall be charged on the City Fund, or the special fund as appropriate.


(5) Notwithstanding the provisions of subsections (1), (2) and (3), the City Council may borrow for the purposes set out in Schedule 4 and Part I of Schedule, 5 from an authorised lender such sums as may be approved by the Minister of Finance.


(6) In this section -


"authorised lender" means any financial institution as authorised by the Central Bank of Solomon Islands.


Guarantee by the City Council.


49. (1) The City Council shall not borrow or give a guarantee for the purposes of performing its functions under Schedule 5 where the aggregate of -


(a) the amounts outstanding in respect of any sum borrowed by the City Council, and


(b) the sums the repayment of which has been guaranteed by the City Council,


exceeds such sum as prescribed by the order of the Minister.


Establishment of Capital and Investment Fund.


50. There shall be established a Capital and Investment Fund, the financial investment of which shall not exceed five per cent of the annual budgeted internal revenue:


Provided, however, that investments exceeding five per cent of the annual budget may be made with the written approval of the Minister.


PART IX
DISSOLUTION OF TOWN COUNCIL


Dissolution of Town Council.


51. As from the commencement of this Act -


(a) the Town Council shall, notwithstanding anything contained in the Local Government Act and in the Solomon Islands Independence Order 1978, be dissolved in relation to Honiara City, and any references therein or any other enactment to the Town Council shall be construed as references to the City Council;

Cap. 117.


(b) all sums of money, lands, buildings, bridges, wharves, vehicles, waterworks, goods and all other property and assets whatsoever vested in, belonging to, or held by the Town Council shall, without further assurance be deemed to be transferred to and to vest in a like interest in the City Council;


(c) all fees, rates and other moneys including any interest or penalty thereon, payable to the Town Council shall become payable to the City Council;


(d) the rights, interest, obligations and liabilities of the Town Council under any law, legal instrument or contract, including a contract of service, subsisting immediately before such commencement, shall be deemed to be vested in and assigned to the City Council; and every such law, instrument or contract shall be of full force and effect against or in favour of the City Council, and shall be enforceable by or against the City Council as fully and effectually as if, instead of the Town Council, the City Council were named therein or had been a party thereto;


(e) all actions, suits or legal proceedings instituted by the Town Council and pending, or any cause of action existing in favour of or against the Town Council immediately before such commencement, shall be continued or enforced by or against the City Council, as they might have continued or been enforced by or against the Town Council, if this Act had not commenced;


(f) every by-law made by the Town Council and in force immediately before such commencement, shall have effect, subject to such modifications as are specified in Part 1 of Schedule 3, as an Ordinance of the City Council enacted under this Act;


(g) any appointment, order, resolution, rule, regulation or other instrument lawfully made, or any notice or any powers lawfully conferred, by the Town Council or by any other authority under the Local Government Act or any other law, and in force in the area of the authority of the Town Council immediately before such commencement, shall remain in full force and effect as if this Act had not commenced;

Cap. 117


(h) any document, book, register or record of the Town Council shall be deemed to be a document, book, register or record of the City Council;


(i) any licence, registration or permit law-fully issued, made or granted by the Town Council and in force immediately before the commencement, shall continue in force for the period specified in such licence, registration or permit, as if the same was issued, made or granted by the City Council unless the same is sooner suspended or cancelled by the City Council under or in pursuance of any Act or by-law under which it was issued, made or granted;


(k) until such time as appropriate Ordinances are enacted by the City Council all rates and levies payable under Part VIII of the Local Government Act shall be payable to the City Council subject to such amendments in Part II of Schedule 3.

Cap. 117


PART X
RELATIONS WITH THE NATIONAL GOVERNMENT


Suspension or dissolution of City Council.


52. (1) Where, at any time, it appears to the Minister that a situation has arisen in which there is a failure of the administrative machinery resulting in the non-compliance with the provisions of this Act, the Minister may by order and with the concurrence of the Cabinet suspend or dissolve the City Council stating the circumstances justifying the action:


Provided that prior to making such order, the Minister shall give the City Council reasonable notice of his intention and consider representations from the City Council.


(2) Where the City Council is suspended or dissolved pursuant to the provisions of section 9(2) of this section, the Minister shall appoint a competent authority to assume responsibility for the administration of the City Council until such suspension is removed or a new Council is elected.


(3) For the purposes of this section "City Council" means the elected members and ex officio members of the City Council.


Power to amend Schedules.


53. (1) Where the Minister considers it expedient or necessary so to do in the public interest, he may by Order, amend any Schedule except Schedules 4 and 6.


(2) An order under subsection (1) shall be published in the Gazette.


Provision of information.


54. (1) Where it appears to the Minister that any information relating to the exercise of functions by any Minister is required for the exercise of functions by the City Council, he may request the Minister concerned to supply the information to the City Council and that Minister shall comply with the request.


(2) Where it appears to the Minister that any information relating to the exercise of functions by the City Council is required for the exercise of functions by any Minister, he may request the City Council to supply the information to the Minister concerned and the City Council shall comply with the request.


Investment of funds.


55. The City Council may invest any of its surplus funds, not exceeding in any one year five per cent of the annual budget, in such investments as may from time to time be approved by the City Council:


Provided, however, that investments exceeding in any one year five per cent of the annual budget may be made with the approval of the Minister.


PART XI
LEGAL PROVISIONS


Notice of suit to be given by plaintiff.


56. (1) No suit shall be commenced against the City Council until one month at least after written notice of intention to commence the same has been served upon the City Council by the intending plaintiff or his agent.


(2) Such notice shall state the cause of action, the name and address of the intending plaintiff and the relief which he claims.


Limitation of suits against City Council.


57. When any suit is commenced against the City Council for any act done in pursuance or execution of an Act or of any public duties or authority, or in respect of any alleged neglect or default in the execution of any such Act, duty or authority, such suit shall not lie or be instituted unless it is commenced within twelve months next after the act, neglect or default complained of or, in the case of a continuance of damage or injury, within twelve months next after the ceasing thereof.


Appearance of City Council in legal proceedings.


58. In any prosecution by or on behalf of the City Council and in any civil cause or matter in which the City Council is a party the City Council may be represented by the City Clerk or legal representative duly authorised in that behalf by the City Council.


Mode of service on City Council.


59. Any notice or other document authorised to be served on the City Council in connection with any suit by or against the City Council shall be served by delivering the same to or by sending it by registered post addressed to the City Clerk at the principal office of the Council.


Powers of entry.


60. Subject to the provisions of this or any other Act, an officer or servant of the City Council duly authorised in writing for the purpose by the City Council may, with due notice if required, upon production of his authority, enter into or upon any land, buildings or premises within the area of authority of the City Council for the purpose of carrying out any inspection, inquiry or the execution of works under the provisions of this Act or of any regulation, Ordinance or order made under the provisions of this Act.


Description of property.


61. Wherever in any criminal process or proceeding it is necessary to refer to the ownership or description of property belonging to or under the management of the City Council, such property may be described as the property of the City Council.


Publication of notices.


62. Save as otherwise expressly provided in this Act, the publication of any notice or other document required by this Act to be published shall be deemed to be duly made if it is fixed, for a reasonable time, in some conspicuous place on or near the outer door of the office of the City Council during office hours and also in some other conspicuous place or situation within the area of the authority of the City Council.


Service of notices etc by the City Council.


63. (1) Subject to the provisions of this section, any notice, order or other document required or authorised by this or any other Act to be served by or on behalf of the City Council or by an officer of the City Council on any person shall be deemed to be duly served -


(a) where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of business and is either -


(i) sent by registered post, or


(ii) delivered at the registered office or, at the principal office or place of business of the company;


(b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name and style under which its business is carried on and is either -


(i) sent by registered post; or


(ii) delivered at that office;


(c) where the person to be served is a public body, a local authority, or a corporation, society or other body, if the document is addressed to the clerk, president, secretary, treasurer or other principal officer of that body, authority, corporation or society at its principal office and is either -


(i) sent by registered post; or


(ii) delivered at that office;


(d) in any other case, if the document is addressed to the person to be served and is either sent to him by registered post or delivered at his usual residence or place of business.


(2) Any document which is required or authorised to be served on the owner or occupier of any premises may be addressed to "the owner" or "the occupier", as the case may be, of those premises (naming them) without further name or description and shall be deemed to be duly served -


(a) if the document so addressed is sent or delivered in accordance with paragraph (d) of subsection (1); or


(b) if the document so addressed or a copy thereof so addressed is affixed to some conspicuous part of the premises.


(3) Where a document is served on a partnership in accordance with the provisions of this section, the document shall be deemed to be served on each partner.


(4) For the purpose of enabling any document to be served on the owner of any premises, the City Council may by notice in writing require the occupier of the premises to state the name and address of the owner thereof; and if the occupier refuses or wilfully neglects to do so or wilfully mis-states the name and address of the owner he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be guilty of an offence and shall be liable in respect of each offence to a fine of one thousand dollars or, in default of payment, to imprisonment for three months.


(5) In this section the word "document" means any notice, order or other document which is required or authorised to be served as specified in subsection (1).


Authentication and execution of documents.


64. (1) Every notice, order or other document requiring authentication by the City Council shall be deemed to be sufficiently authenticated if signed by the City Clerk and the Mayor.


(2) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal may be entered into or executed on behalf of the City Council by the City Clerk or other officer specifically authorised by the City Council for that purpose.


(3) Any document purporting to be a document duly executed or issued under the seal of the City Council or on behalf of the City Council shall, unless the contrary is proved, be deemed to be a document so executed or issued, as the case may be.


PART XII
MISCELLANEOUS


Amendment of enactments.


65. (1) The regulations mentioned in Part II of Schedule 3 shall have effect subject to the amendments therein specified.


(2) The Minister may by order subject to affirmative resolution make such amendments in any enactment passed or made before the passing of this Act as appear to him necessary or expedient in consequence of this Act or any order.


Subsidiary legislation.


66. (1) This section (and not sections 61(1), 62 and 65(2) of the Interpretation and General Provisions Act) applies where, by any provision of this Act, power is conferred on the Minister to make any order or regulation (in this section referred to as subsidiary legislation).

Cap. 85


(2) If the subsidiary legislation is expressed to be subject to a negative resolution -


(a) a copy of the subsidiary legislation shall be laid before Parliament;


(b) the copy shall be laid before the subsidiary legislation comes into effect unless, in the opinion of the Minister, it is essential that the subsidiary legislation comes into effect before it can be laid; and


(c) if, within the period of twenty days beginning with the day on which the copy is laid, Parliament resolves that the subsidiary legislation be annulled, the subsidiary legislation shall cease to have effect as from the date of the resolution, but without prejudice to the validity of anything previously done under it or to the making of new subsidiary legislation.


(3) In reckoning any period of twenty days for the purpose of subsection (2)(c), no account shall be taken of any time during which Parliament is prorogued or dissolved or is adjourned for more than four days.


(4) If the subsidiary legislation is expressed to be subject to affirmative resolution, the subsidiary legislation shall not come into operation until a draft of it has been laid before Parliament and approved by a resolution of Parliament.


(5) The subsidiary legislation shall be published in the Gazette.


No Crown immunity.


67. The functions of the City Council are not to be regarded as performed on behalf of the Crown.


Obstruction of officers, etc.


68. Any person who -


(a) wilfully obstructs any member, officer or servant of the City Council in the execution of his duty as such; or


(b) being the occupier of any premises, prevents the owner of such premises from complying with any requirements of the City Council,


shall be guilty of an offence and shall be liable to a fine of one thousand dollars or to imprisonment for three months or to both such fine and imprisonment.


Penalty for unqualified person sitting or voting.


69. Any person who sits or votes in the City Council after his seat therein has become vacant or he has become disqualified from sitting or voting therein, knowing, or having reasonable grounds for knowing, that he was so disqualified or that his seat had become vacant, as the case may be, shall be liable to a penalty not exceeding fifty dollars for every day upon which he so sits or votes.


Supply of information.


70. It shall be the duty of the City Council to furnish the Minister with such information as he may require in relation to the provisions of this Act.


General penalty.


71. (1) Any person who is convicted of an offence under the provisions of this Act for which no other penalty is expressly provided shall be liable to a fine not exceeding one thousand dollars or, in default of payment, to imprisonment for three months, and in the case of a continuing offence, a further penalty not exceeding fifty dollars for each day on which the offence is continued after written notice of the offence has been served on the offender.


(2) In addition to any penalty imposed under subsection (1) any expense incurred by the City Council in consequence of the commission of an offence under this Act shall be paid by the person committing such offence and shall be recoverable as a civil debt by the City Council.


Power to remove difficulties.


72. The Minister may by Order published in the Gazette, make provisions as appear to him necessary or expedient for the purpose of -


(a) providing for any unforeseen or special circumstances; or


(b) resolving, determining or adjusting any doubt, question or matter,


which may arise in relation to the application or implementation of this Act or in respect of which no provision or effective pro-vision has been made in or under this Act.


Regulations.


73. The Minister may, for the purposes of the effective implementation of this Act, make regulations as may appear to him necessary.


_________


SCHEDULE I


(Sections 2 and 4(2))


PART I
CITY BOUNDARIES OF HONIARA CITY


The Town known as Honiara in Solomon Islands shall, by virtue of this Act be Honiara City, the boundaries of which are delineated on Plan No. 1981 Town Land (Honiara) Order 1973 and deposited in the office of the Surveyor-General, Ministry of Lands.


PART II
Ward Boundaries of Honiara City


The existing twelve Ward Boundaries into which Honiara is divided for the purposes of the Local Government Act shall be the Ward boundaries of Honiara City as delineated on plan number 1635A deposited in the office of the Surveyor-General, Ministry of Lands for the purposes of this Act.


Area


Nggosi


Commencing at a point on high water mark being the intersection of the western boundary of the town of Honiara with high water mark: thence in a general southerly and easterly direction by the said town boundary to a point of approximately UTM grid co-ordinates 603060m east and 8956940m north: thence in a northerly direction to a point of approximately UTM grid co-ordinates 602920m east and 8957330m north: thence in a general north westerly direction to a point of approximately UTM grid co-ordinates 603100m east and 8957750m north: thence in a general westerly direction to a point of approximately UTM grid co-ordinates 603000m east and 8957750m north: thence in a general northerly direction along the centre line of Tasahe Highway: thence in a general northerly direction to a point on high water mark of approximately UTM grid co-ordinates 603170m east and 893841m north: thence in a general westerly direction following high water mark to the point of commencement.


Mbumburu


Commencement at a point of approximately UTM grid co-ordinates 603060m east and 8956940m north: thence in a general easterly direction along the town boundary to a point of approximately UTM grid co-ordinates 603950m east and 8956820m north: thence in a general northerly direction to a point of approximately UTM grid co-ordinates 604089m east and 8957140m north: thence in a general northerly direction along Mbokona Creek to a point of approximately UTM grid co-ordinates 604350m east and 8957680m north: thence in a general westerly direction to a point of approximately UTM grid co-ordinates 604150m east and 8957650m north: thence in a general north westerly direction to a point of approximately UTM grid co-ordinates 603920m east and 8957750m north: thence in a. general westerly direction to a point of approximately UTM grid co-ordinates 603570m east and 8957670m north: thence in a northerly direction to a point of approximately UTM grid co-ordinates 603500m east and 8957850m north: thence in a general south westerly direction to a point of approximately UTM grid co-ordinates 603300m east and 8957800m north: thence in a general southerly direction to connect on Nggosi boundary at the point of approximately UTM grid co-ordinates 603200m east and 8957650m north: thence in a general southerly direction by the said Nggosi boundary to the point of commencement.


Rove - Lengakiki


Commencing at a point on high water mark being the intersection of the eastern boundary of Nggosi with high water marks: thence in a general southerly direction by the said Nggosi boundary to the intersection point of Nggosi boundary and Mbumburu boundary: thence in a general easterly direction by the said Mbumburu boundary to the point of approximately UTM grid co-ordinates 604350m east and 8957680m north: thence in a general north easterly direction to a point of approximately UTM grid co-ordinates 604530m east and 9857760m north: thence in a general northerly direction to a point of approximately UTM grid co-ordinates 604500m east and 8957890m north: thence in a general north westerly direction to a point of approximately UTM grid co-ordinates 604340m east and 8957950m north: thence in a general northerly direction to the point of intersection of Hibiscus Avenue with Koti Lane: thence in a northerly direction to high water mark at approximately UTM grid co-ordinates 604380m east and 8958320m north: thence in a general westerly direction by high water mark to the point of commencement.


Cruz.


Commencing at the point of approximately UTM grid co-ordinates 604380m east and 8958320m north: thence in a general southerly direction along the Rove-Lengakiki boundary to the point of approximately UTM grid co-ordinates 604530m east and 8957760m north: thence in a general north easterly direction to a point of approximately UTM grid co-ordinates 604630m east and 8957870m north: thence in a general easterly direction to a point of approximately UTM grid co-coordinates 604880m east and 8957860m north: thence in a general south easterly direction to a point of approximately UTM grid co-ordinates 605010m east and 8957810m north: thence along a straight line to a point on the centreline of Mendana Avenue of approximately UTM grid co-ordinates 605130m east to 895801m north: thence along the centre of Mendana Avenue in a westerly direction to a point of intersection by the centreline of Commonwealth Street and Mendana Avenue: thence in a general northerly direction along the centreline of Commonwealth Street to a point of approximately UTM grid co-ordinates 605060m east and 8958300m north: thence by a straight line to a point of approximately UTM grid co-ordinates 604940m east to 8958370m north being a point to high water mark: thence in a general westerly direction following high water mark to the point of commencement.


Vavaea.


Commencing at a point on the town boundary being the intersection of the southern boundary of the town of Honiara with the eastern boundary of Mbumburu: thence in a general easterly direction following the said town boundary to a point being the intersection of the centreline of Mataniko River with the southern boundary of the town of Honiara: thence northwards following the centreline of Mataniko River to a point of approximately UTM grid co-ordinates 6053390m east and 8957220m north: thence in a general north westerly direction to a point of approximately UTM grid co-ordinates 605350m east and 8957310m north: thence in a general easterly direction to a point of approximately UTM grid co-ordinates 605450m east and 8957510m north: thence in a generally easterly direction following the centreline of Mbokonavera Road to its intersection with Vavaea Ridge Road: thence by the centreline of Vavaea Ridge Road in a generally north westerly direction to a point of approximately UTM grid co-ordinates 605340m east and 8957710m north: thence by a straight line in an easterly direction to intersect the centreline of Mendana Avenue at a point of approximately UTM grid co-ordinates 605310m east and 8957850m north: thence by the centreline of Mendana Avenue in a general easterly direction to a point of approximately UTM grid co-ordinates 605530m east and 8957770m north: thence by a straight line to intersect high water mark at a point of approximately 605580m east and 895784m north: thence by high water mark in a westerly direction to the NE boundary Point of Cruz on high water mark: thence in a generally southerly direction following the eastern and southern boundaries of Cruz, south eastern boundary of Rove-Lengakiki and eastern boundary of Mbumburu to the point of commencement.


Vuhokesa.


Commencing at a point on high water mark being the intersection point of the north-east boundary of Vavaea with high water mark: thence by high water mark in an easterly direction to its intersection with the centreline of Mataniko River: thence in a southerly direction by the centreline of Mataniko River to its intersection with the eastern boundary of Vavaea at approximately UTM grid co-ordinates 605390m east and 8957220m north: thence by the said eastern boundary of Vavaea in a general northerly direction to the point of commencement.


Mataniko.


Commencing at a point of intersection of high water mark with the centreline of Mataniko River: thence by the centreline of the said River in a generally southerly direction to its intersection with the boundary of the town of Honiara: thence by the said town boundary to a point on the said town boundary of approximately UTM grid co-ordinates 605200m east and 895537m north: thence in a general northerly direction to a point of approximately UTM grid co-ordinates 605300m east and 8956400m north: thence in a general north easterly direction to a point of approximately UTM grid co-ordinates 605860m east and 8957150m north being the intersection point of this line with the centreline of Kukum Highway: thence by the said centreline in a north easterly direction to its intersection with the centreline of the drain running to Mataniko River: thence by the centreline of the said drain in a generally northerly direction to a point of approximately UTM grid co-ordinates 6066180m east and 895760m north: thence in a general north easterly direction to a point of approximately UTM grid co-ordinates 606290m east and 8957570m north: thence in a general north westerly direction to a point of approximately UTM grid co-ordinates 606160m east and 8957750m north being its intersection with high water mark: thence by high water mark in a general westerly direction to the point of commencement.


Kolaa.


Commencing at a point on high water mark being the intersection point of high water mark with the north east boundary of Mataniko: thence in a general southerly direction by the said boundary of Mataniko to its intersection with the boundary of the town of Honiara: thence by the said town boundary in a general easterly direction to the town boundary corner point GUXI: thence in a general northerly direction following a straight line to a point of approximately UTM grid co-ordinates 607400m east and 8956850m north: thence by a straight line in a. general north easterly direction to a point of approximately UTM grid co-ordinates 607520m east and 895700m north: thence in a general north easterly direction following the centreline of Kolaa Ridge Road to a point: of approximately UTM grid co-ordinates 607760m east and 8957280m north: thence in a general westerly direction to a point of approximately UTM grid co-ordinates 607450m east and 8957490m north: thence in a general westerly direction to a point of approximately UTM grid co-ordinates 607220m east and 8957600m north: thence in a general westerly direction following the centreline of St. Nicholas road to its intersection with Kukum Highway: thence in a general north westerly direction to a point on high water mark of approximately UTM grid co-ordinates 606940m east and 8957800m north: thence by high water mark in a general westerly direction to the point of commencement.


Kukum.


Commencing at a point of high water mark at approximately UTM grid co-ordinates 606940m east and 8957800m north: thence following the northeast boundaries of Kolaa in a general south easterly direction to a point of approximately UTM grid co-ordinates 607760m east and 8957280m north: thence in a general northerly direction by the centreline of Kolaa Ridge to its intersection with centreline of Mbua Road, thence in south westerly direction by the centreline of Mbua Road to a point of approximately UTM grid co-ordinates 607710m east and 8957730m north: thence in a general westerly direction by a straight line to a point of approximately UTM grid co-ordinates 607660m east and 8957730m north: thence in a general northerly direction by a straight line to a point on the centreline of Tanuhue Road of approximately UTM grid co-ordinates 607640m east and 8957850m north: thence in a general westerly direction by centreline of the said road to its intersection point with the centreline of Tavuli Street: thence in a general northerly direction following the centreline of Tavuli Street and its production to an intersection with high water mark: thence in a general westerly direction by high water mark to the point of commencement.


Naha.


Commencing at the intersection of high water mark and the centreline of Naha Creek: thence by the centreline of the said Creek upstream for about 170m: thence in a general south westerly direction to the intersection point of the centreline of Kolaa Ridge Road with the centreline of Mbua Road: thence by the boundary of Kukum in a general westerly direction to the high water mark: thence in a general easterly direction by high water mark to the point of commencement.


Vura.


Commencing at GUXI, one of the southern boundary corners of the town boundary thence in a general northerly direction following the boundaries of Kolaa, Kukum and Naha respectively to high water mark: thence in a general easterly direction by high water mark to a point on high water mark of approximately UTM grid co-ordinates 608520m east and 8958140m north: thence in a general southerly direction by a straight line to a point on the centreline of Kukum Highway of approximately UTM grid co-ordinates 608540m east and 895060m north: thence westerly by the said centreline of Kukum Highway to its intersection with the centreline of Vura Road: thence southerly following the centreline of Vura Road for 150m approximately: thence in a general easterly direction for approximately 40m: thence in a general southerly direction to a point of approximately UTM grid co-ordinates 608250m east and 8957610m north: thence in a general south easterly direction to a point on the centreline of the old Mt. Austin Road of approximately UTM grid co-ordinates 608480m east and 8957470m north: thence by the centreline of the said road in a southerly direction to a point of the centreline of Mt. Austin Road of approximately UTM grid co-ordinates 607920m east and 8955550m north: thence in a general southerly direction to intersection of the town boundary at a point of approximately UTM grid co-ordinates 607940m east and 8955430m north: thence in a generally easterly direction by the town boundary to the point of commencement.


Panatina.


Commencing at a point on the town of approximately UTM grid co-ordinates 607940m east and 8955430m north: thence in a generally north easterly direction by the said Burns Creek and downstream to high water mark: thence westward by high water mark to the intersection of high water to the eastern boundary of Vura: thence following the said boundary of Vura, in a generally southerly direction to the point of commencement.


_______


SCHEDULE 2


(Section 14)


MATTERS TO BE PROVIDED FOR IN STANDING ORDERS


Meetings.


1. (1) Provision for an election of a member of the City Council to preside at meetings in the absence of the Mayor and Deputy Mayor.


(2) Summoning of meetings of the Mayor or other members and proceedings generally.


(3) Standing Orders made in pursuance of sub- paragraph (2) shall provide for the City Council to meet at least four times in any period of twelve calendar months.


(4) Order of business at meetings.


Oaths.


2. Provision for ensuring that no member of the City Council takes part in any of its proceedings or the proceedings of any of its committees until he has made an oath or affirmation of allegiance in the form set out in the Standing Orders.


Quorum.


3. Quorum of the City Council and of any of its committees.


Order.


4. (1) Preservation of order in the proceedings of the Council and its committees.


(2) Standing orders made in pursuance of this paragraph may include provision for excluding a member from the proceedings.


Passing Legislation.


5. (1) Provision -


(a) for general debate of a proposed Ordinance with an opportunity for members to vote on its general principles;


(b) for the consideration of, and an opportunity for members to vote on, the details of a proposed Ordinance; and


(c) for final stage at which a proposed Ordinance can be passed or rejected but not amended.


(2) Provision for the procedure to be adopted where the Minister has withheld his assent from a proposed Ordinance.


City Council Standing Committees.


6. (1) The City Council Standing Committees -


(a) convening of meetings of the Standing Committee;


(b) choosing of a person to perform the functions of the Mayor in the absence of the Mayor and the Deputy Mayor;


(c) quorum for meetings;


(d) order of business at the meetings;


(e) taking of decisions at the meetings of the members of the Standing Committee and the minutes of such meetings;


(f) summoning of any person not being a member of the Standing Committee at a meeting if his presence is considered desirable;


(g) the number and names of the departments of the City Council;


(h) the assignment of matters for which each member of the Standing Committee shall have specific responsibility;


(i) the designation of a member of a Standing Committee when assigned with the executive responsibility;


(j) requiring the Mayor, the Deputy Mayor of any other member not to discharge any o his functions -


(i)while he stands charged with an offence, if on conviction, he would be , liable to a term of imprisonment of six months or more; or


(ii) if he is liable to be detained as a patient in a mental hospital under the Mental Treatment Act;

Cap. 103


(k) any other matters for which orders may be made under this Schedule.


(2) Other Committees.


(3) Chairman and members of the Committees.


(4) Meetings of Committees.


(5)Record of Proceedings.


Proceedings in public.


7. Provision for proceedings of the City Council and of any of its Committees to be held in public, subject to any exceptions made by Standing Orders.


Members' interest.


8. (1) Ensuring that a member with an interest in any matter (whether it is a financial or some other kind of interest which is specified in the Standing Orders) discloses the interest before taking part in any proceedings dealing with that matter.


(2) Standing Orders made in pursuance of this paragraph may include provision -


(a) for preventing or restricting participation of such members in such proceedings; and


(b) for excluding members from those proceedings.


Financial control.


9. (1) Ensuring that the City Council does not proceed with any proposed Ordinance to appropriate any sum out of the City Fund unless either -


(a) there has been laid before the City Council the estimates of expenditure on which the proposed Ordinance is based; or


(b) the proposed Ordinance would have effect only in relation to the first four months of a financial year and would appropriate a sum sufficient only to maintain existing services.


(2) Ensuring that the City Council does not pass such an Ordinance except in pursuance of a recommendation of the respective Standing Committee.


Accounts Committee.


10. (1) The appointment of an Accounts Committee.


(2) Ensuring that the majority of members of the Committee are not members of the respective Standing Committee.


(3) Provision requiring the Committee to examine and report to the City Council on the accounts and reports laid before the City Council by the Auditor-General.


Relations with National Government.


11. The admission to meetings of the City Council or its committees of any member of Parliament whose constituency includes any part of Honiara City.


Co-ordinating Committee.


12. The establishment of a co-ordinating committee to include any such member of Parliament.


Resolution to remove Mayor or dissolve Council.


13. Where a motion is to be moved under section 8 or 9 provision ensuring that adequate notice of the motion (not being less than 28 whole days) is given to Council.


________


SCHEDULE 3


(Section 51 (f) and (k))


PART I
MODIFICATIONS OF BY-LAWS


1. Upon the commencement of this Act, the By-laws made by the Town Council under the Local Government Act and in force, immediately before such commencement, shall have effect as Ordinances of the City Council enacted under this Act, subject to the following modifications -


(a) references to the exercise of powers by, and the resolutions of, the Town Council and to the approval of the Minister, in the making of the by-laws shall be substituted by references to "Enacted by the Honiara City Council";


(b) reference to "Honiara" or "Honiara Town" shall be construed as references to "Honiara City";


(c) references to "by-law", "bye-law", "bye-laws" and "by-laws", shall be construed as references to "Ordinance" and "Ordinances", as the case may be;


(d) references to "Municipal Authority" or "Town Council" in the title of the by-laws, shall be construed as references to the City Council;


(e) references to "Council" in the rest of the by-laws shall be construed as references to the City Council;


(f) references to the making of the by-laws under the common seal of the Honiara Town Council or the Honiara Municipal Authority shall be deleted and shall be construed as under the common seal of the Honiara City Council; and


(g) references in the Honiara (Licensing of Businesses) By-laws to "fees" shall be construed as references to "taxes".


PART II
AMENDMENTS


The Local Government (Rating of Land) Regulations are amended by deleting regulation 24(1) and substituting instead the following sub-regulation -


"24. (1) Every rate made and levied by a Council under these Regulations may be assessed at a varied amount on the unimproved value of all rateable land within the Council area in accordance with the following categories -


(a) residential;


(b) commercial;


(c) industrial - light; and


(d) industrial - heavy."


_________


SCHEDULE 4


(section 21(2))


FUNCTIONS THAT MAY BE TRANSFERRED


Land


1. The Land and Titles Act (Cap. 133) -


(i) Control and management over all land in Honiara now held by the Commissioner of Lands.


(ii) Land rents received by the Commissioner of Lands to be received by the City Council.


(iii) The functions given to the Minister under Division 2 of Part V of the Act (compulsory acquisition of land) in relation to land required for the purposes of the City Council's functions.


Cultural matters


2. The Cinematograph Act (Cap. 137) -


(i) The functions given to the Licensing Authority.


(ii) The functions given to the Minister under section 14 (making rules).


Gaming and Lotteries


3. The Gaming and Lotteries Act (Cap. 139) -


(i) The functions given to the Gaming and Lotteries Board under section 20.


(ii) The functions given to the Minister under section 4 (making regulations).


Roads


4. The Roads Act (Cap. 129) -


(i) The functions given to the Minister under sections 3, 5, 27 and 29(b) to (f) and (so far as relating to the aforesaid paragraphs) the imposition of a fine not exceeding $1000.00 or 3 months imprisonment.


Traffic


5. The Traffic Act (Cap. 131) -


(i) The functions given to the Minister and Principal Licensing Officer under sections 3 and 4 (Vehicle registration and driving licences).


(ii) All functions given to the Highway Authority other than under section 66.


Public Holidays


6. The Public Holidays Act (Cap. 151) -


The functions given to the Minister under section 6 of that Act (appointment of special public holidays) in so far as Honiara is concerned.


Liquor


7. The Liquor Act (Cap. 144) -


(i) The functions given to the Minister under section 82 (closure of bars).


(ii) The functions given to the Minister under sections 3 and 94 (power to alter fees and forms and amend any of the Schedules.)


Protected Industries


8. The Protected Industries Act (Cap. 177) -


The functions given to the Minister under section 3.


River Waters


9. The River Waters Act (Cap. 135) -


The functions given to the Minister under that Act.


Planning


10. The Town and Country Planning Act (Cap. 154) -


The functions given to the Minister under that Act.


_________


SCHEDULE 5


(Section 21)


PART I
FUNCTIONS OF THE CITY COUNCIL


Trade and Industry


1. (i) To licence trades, businesses, professions and other occupations.


(ii) To regulate trading hours of retail and wholesale shops.


Culture and Environment


2. To regulate, control and promote conservation of the environment -


(i) To provide reference and lending.


(ii) Conservation of the environment.


(iii) To promote sports and other cultural and recreative activities.


(iv) To provide and preserve public monuments and identify and preserve antique artefacts and sites of historical and cultural interest.


(v) To promote arts and local crafts.


Finance


3. Raising revenue by -


(i) Head Tax - Basic Rate


(ii) Property Tax - Land Rate


(iii) Business Tax


(iv) Gaming/Casino Tax


(v) Vehicle Tax


(vi) Liquor Tax


(vii) Fees for services performed or licences issued by or on behalf of the City Council.


(viii) Such other matters as may be approved for the purposes of this paragraph by the Minister by order.


Local Matters


4. To provide -


(i) Refuse collection and street cleaning.


(ii) Refuse Disposal.


(iii) Public Conveniences.


(iv) Parks and Open Spaces.


(v) Halls and Public Buildings.


(vi) Swimming Pools.


(Vii) Markets.


(viii) Street Names and House Numbers.


(ix) Animal Control.


(x) Parking.


(xi) Public Roads Maintenance and Constructions as assigned to the City Council under section 4 of the Roads Act and Lighting.


(xii) Drainage and open drains for the public roads as assigned to the City Council under section 4 of the Roads Act.


(xiii) Building Regulations/Codes.


(xiv) Regulating and controlling public collections in public places and public entertainment.


(xv) Promote and assist the development of Youths/Women.


(xvi) Measures to control and deal with Public Nuisances.


Health


5. (i) To control Environment Health.


(ii) To provide and promote Health Education.


Transport


6. To provide transport for school children.


Education


7. To provide education services, boards, committees, kindergarten, primary schools, secondary schools and community education in accordance with the Education Act.


Housing


8. (i) To plan, construct and maintain houses for Council staff.


(ii) Housing schemes to provide dwellings for persons of small means.


(iii) To regulate rents.


Rivers


9. Control and use of rivers and waters.


Local Government


10. The constitution, area and general powers and duties of the Area/Ward Committees and similar bodies and revenue and expenditure.


Corporate or Statutory Bodies


11. To establish corporate or statutory bodies for the providing of City Functions including economic activity in respect of items 4, 6, 8 and 9.


Employment


12. To provide guidance and placement services.


Medical Services


13. To provide medical services.


The performance of the functions specified in paragraphs 12 and 13 shall only be carried out if there is an agency agreement in force.


PART II


(Section 34)


THE CITY COUNCIL SHALL HAVE LEGISLATIVE COMPETENCE OVER THE FOLLOWING FUNCTIONS


1. Trade and Industry
2. Culture and Environment
3. Finance
4. Local Matters
5. Housing
6. Rivers and Water
7. Local Government
8. Corporate or Statutory Bodies


_____


SCHEDULE 6


(Section 39(5))


MATTERS TO BE INCLUDED IN FINANCIAL MANAGEMENT ORDINANCE


1. The form of the Annual Estimates.


2. The method of authorising and making issues from the City Fund.


3. The management and reallocation of funds within the amounts appropriated.


4. The provision of funds in advance of appropriation.


5. The use of bank accounts and the investment of moneys forming part of the City Fund.


6. The making of advances.


7. The acceptance of deposits.


8. The creation and control of special funds.


9. The appointments and responsibilities of staff charged with accounting tasks.


10. The making of rules and regulations relating to financial management and the procurement, safekeeping, accounting for and disposal of stores.


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