Town Council of Sembawang (Common Property and Open Spaces) By-laws 2016 - Legislation Guide
Town Council of Sembawang (Common Property and Open Spaces) By-laws 2016
Legislation Overview
- Full title: Town Council of Sembawang (Common Property and Open Spaces) By-laws 2016 (section 1; long title).
- Gazette number: No. S 343 / S 343/2016 (section 1; metadata).
- Commencement: The By-laws “come into operation on 1 August 2016” (section 1).
- Current status: Current version as at 27 Mar 2026 (metadata).
- Parent legislation: Town Councils Act (Cap. 329A), including section 24, section 24(9), section 49 and section 20(1) as referenced in the By-laws (sections 8(10), 19(1), 20).
- Related legislation: Parking Places Act (Cap. 214) (section 2); Active Mobility Act 2017 (Act 3 of 2017), including section 6 (section 2, section 21A).
- Revocation: The Town Council of Sembawang (Common Property and Open Spaces) By-laws 2012 (G.N. No. S 13/2012) are revoked (amendment note).
Summary
The Town Council of Sembawang (Common Property and Open Spaces) By-laws 2016 regulate conduct on common property and open spaces within the Town of Sembawang. The By-laws are framed around the protection, orderly use, and maintenance of common property, open spaces, and certain building facilities. Their operative rules prohibit obstruction, damage, unauthorised parking, unauthorised use of vehicles, unauthorised repairs, unauthorised entertainment and trading, unauthorised signs and fixtures, interference with utilities, unsafe disposal into refuse chutes, dangerous throwing of items from flats, interference with ponds and fountains, and unauthorised access to sensitive areas such as lift motor rooms and roof tops (sections 3 to 18). The By-laws also provide a service-of-notices regime, a compounding mechanism for offences, and a savings clause preserving enforcement powers of Town Council officers and authorised persons (sections 19 to 21). They further preserve public rights of passage along public paths in accordance with the Active Mobility Act 2017 (section 21A).
The scheme is supported by detailed definitions in section 2, which determine the scope of “common property”, “open space”, “vehicle”, “mobility aid”, “public path”, and other key terms. Those definitions are essential because many prohibitions apply only to common property or open spaces, and some exceptions depend on whether a place is a public path or whether an item is a mobility aid or perambulator (section 2; section 7(2); section 21A). The By-laws do not set out a standalone penalty scale in the extracted text; instead, offences are tied to section 24(9) of the Town Councils Act and may be compounded under section 49 of that Act (section 20).
What is the purpose?
The long title identifies the instrument as the “Town Council of Sembawang (Common Property and Open Spaces) By-laws 2016” (section 1). Although the extracted text does not contain an express purpose clause, the operative provisions show that the purpose is to regulate the use, protection, and management of common property and open spaces in the Town of Sembawang (sections 2, 3 to 18, 21A). The By-laws seek to prevent obstruction, damage, unsafe conduct, unauthorised parking, unauthorised commercial activity, and interference with utilities and facilities on common property and open spaces (sections 3 to 18). They also preserve the Town Council’s ability to enforce the By-laws and to compound offences under the Town Councils Act (sections 20 and 21).
The structure of the By-laws indicates a practical municipal management purpose: to maintain cleanliness, safety, accessibility, and order in shared residential spaces and associated open areas (sections 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18). The inclusion of specific exceptions for mobility aids, perambulators, toy vehicles used solely by children, and public paths shows that the By-laws also aim to balance regulation with legitimate everyday use and public access (section 7(2); section 21A).
What are the key provisions?
1. Definitions that determine the scope of the By-laws
Section 2 supplies the definitions that govern the application of the By-laws. “Building” means “a building in a housing estate of the Board in the Town” (section 2). “Common property” means “any common property in the Town” (section 2). “Open space” means “an open space in the Town that is common property” (section 2). These definitions are central because many prohibitions apply only to common property or open spaces (sections 3 to 18).
Section 2 also defines “vehicle” broadly as “a vehicle, whether mechanically propelled or not, intended or adapted for use on a road, such as (but not limited to) a bicycle, power-assisted bicycle or personal mobility device as defined by the Active Mobility Act 2017, but excludes any mobility aid” (section 2). “Mobility aid” is separately defined as a wheelchair, motorised or otherwise, or a mobility scooter as defined by the Active Mobility Act 2017, for a person unable to walk or having difficulty walking (section 2). These definitions matter because the vehicle restrictions in section 7 do not apply to mobility aids, and the public-path exception in section 7(2)(d) and section 21A must be read with the Active Mobility Act 2017 (sections 2, 7(2), 21A).
Other important definitions include “park”, which means to bring a vehicle to a stationary position and keep it there for any purpose; “parking place”, which has the same meaning as in section 2 of the Parking Places Act; “public path”, which means a path declared under section 6 of the Active Mobility Act 2017 as a public path; and “sign”, which includes a signal, warning sign post, direction post, banner, notice or advertisement (section 2). “Town” means the Town of Sembawang, and “Town Council” means the Town Council of the Town (section 2). These definitions are used throughout the By-laws to identify the regulated area and the responsible authority (sections 2, 3 to 21A).
2. Prohibition on placing objects and transporting renovation debris
Section 3 prohibits a person from placing, depositing, keeping or leaving, or causing or permitting to be placed, deposited, kept or left, any object, material, article or thing on any common property or in an open space not designated by the Town Council for that purpose (section 3(a)). Section 3 also prohibits transporting renovation debris or other building material in a lift in a building, or over any other common property or an open space, without the prior written permission of the Town Council (section 3(b)). This provision protects shared areas from clutter, obstruction, and damage, and it requires express permission for the movement of construction-related materials through common areas (section 3).
3. Obstruction of lawful use of common property
Section 4(1) states that a person must not, with an object, fixture or thing, obstruct, or cause or permit the obstruction of, the lawful use of any common property (section 4(1)). This is a broad anti-obstruction rule that covers physical interference with access, movement, or use of shared facilities and spaces (section 4(1)). The provision is framed to capture both direct obstruction and permitting obstruction, thereby extending responsibility to those who allow the obstruction to occur (section 4(1)).
4. Protection of common property from damage or removal
Section 5(1) prohibits a person from removing, destroying, damaging or defacing any common property, or removing any earth, soil or property from the common property (section 5(1)). This provision protects the physical integrity and appearance of shared property and prevents unauthorised extraction of materials from common areas (section 5(1)). It is a direct preservation measure for the Town Council’s assets and the shared environment (section 5(1)).
5. Protection of vegetation in common property and open spaces
Section 6 prohibits, without the prior written permission of the Town Council, the removal, cutting, damaging or disposal of any turf, plant, shrub or tree, or part of it, situated on any common property or in an open space (section 6(a)). It also prohibits picking a shrub or plant, or part of it, situated on any common property or in an open space, without prior written permission (section 6(b)). This provision protects landscaping and greenery in shared areas and ensures that any interference is subject to Town Council oversight (section 6).
6. Parking and use of vehicles on common property and open spaces
Section 7(1) prohibits a person, without the prior written permission of the Town Council, from parking a vehicle on any common property or in an open space that is neither a parking place nor an area designated by the Town Council for the parking of that vehicle (section 7(1)(a)). It also prohibits using, riding or driving a vehicle on any common property or in an open space (section 7(1)(b)). The definition of “vehicle” in section 2 is broad and includes bicycles, power-assisted bicycles and personal mobility devices, but excludes mobility aids (section 2).
Section 7(2) creates important exceptions to section 7(1)(b). Paragraph (1)(b) does not apply to a perambulator, a toy vehicle used solely by a child, a mobility aid, or any common property or open space that is a public path within the Town (section 7(2)(a) to (d)). These exceptions show that the By-laws distinguish between ordinary vehicles and items or places that should remain available for everyday pedestrian or mobility use (section 7(2)).
7. Removal and immobilisation of vehicles
Section 8(2) empowers the secretary or an officer authorised by the Town Council, called the authorised officer, to remove a vehicle and detain it at a place of safety or any other suitable place, or to immobilise the vehicle by affixing an immobilisation device to prevent removal without consent (section 8(2)(a) and (b)). Section 8(10) defines “immobilisation device” as a device or appliance designed or adapted to be fixed to a part of a vehicle to prevent it from being driven or otherwise put in motion, and of a type approved by the secretary or authorised officer for the purposes of the By-laws (section 8(10)). Section 8(10) also defines “secretary” as the secretary to the Town Council appointed under section 20(1) of the Act (section 8(10)).
These provisions give the Town Council practical enforcement tools against unauthorised vehicles on common property or open spaces (section 8(2), 8(10)). The power to immobilise or remove is tied to the vehicle restrictions in section 7 and is part of the enforcement architecture of the By-laws (sections 7 and 8).
8. Restrictions on vehicle repair and servicing
Section 9(1) prohibits a person from repairing, painting, spraying, testing or servicing, or causing or permitting to be repaired, painted, sprayed, tested or serviced, a vehicle on any common property or in an open space (section 9(1)). Section 9(2) provides that paragraph (1) does not apply to repairs that are reasonably necessary for the removal of the vehicle from the common property or open space (section 9(2)). The rule prevents nuisance, pollution, and obstruction caused by vehicle maintenance in shared areas, while preserving a narrow exception for necessary removal-related repairs (sections 9(1) and 9(2)).
9. Restrictions on skating, skateboarding and games
Section 10 prohibits roller skating, riding a skateboard, or playing or taking part in any game on any common property or in an open space, except on such common property or in such open space designated by the Town Council for that purpose (section 10). This provision allows the Town Council to designate suitable areas for recreational use while preventing unsafe or disruptive activity elsewhere (section 10).
10. Restrictions on entertainment, receptions and sales
Section 11 prohibits, without the prior written permission of the Town Council, holding or staging, or causing the holding or staging of, any show, play, wayang or other entertainment, or any reception or formal party on any common property or in an open space (section 11(a)). It also prohibits selling, or offering or exhibiting for sale, goods or services on any common property or in an open space without prior written permission (section 11(b)). These provisions regulate the commercial and event use of shared spaces and ensure that such activities occur only with Town Council approval (section 11).
11. Restrictions on signs and fixtures
Section 12(1) prohibits a person from displaying, or causing or permitting to be displayed, a sign on any common property or in an open space without the prior written permission of the Town Council (section 12(1)). Section 13(1) similarly prohibits erecting or installing a fixture, structure or thing on any common property or in an open space without prior written permission (section 13(1)). Together, these provisions preserve visual order, safety, and the Town Council’s control over installations in shared spaces (sections 12(1) and 13(1)).
12. Restrictions on drawing water and electricity
Section 14 prohibits a person, without the prior written permission of the Town Council, from drawing, diverting or taking water from a tap, pipe or water service installation for the supply of water situated on any common property or in an open space, or electricity from any socket, electrical supply line or electrical installation for the supply of electricity situated on any common property or in an open space (section 14(a) and (b)). This provision protects utility infrastructure and prevents unauthorised consumption or interference with shared services (section 14).
13. Restrictions on refuse chute use
Section 15 prohibits a person from throwing or depositing, or causing or permitting to be thrown or deposited, into a refuse chute in a building an object, material, thing, article or substance that will or is likely to choke or clog the refuse chute, obstruct the free fall of refuse in the refuse chute, or cause nuisance, annoyance or inconvenience to other occupiers of the building (section 15(a) to (c)). This is a building-safety and sanitation provision aimed at preventing blockages and disturbance to residents (section 15).
14. Prohibition on dangerous throwing from flats or buildings
Section 16(1) provides that a person must not endanger the life of, or cause injury to, another person, or cause damage to any property in the Town, by throwing an item, or allowing an item to fall, from the person’s flat or any part of a building onto any common property or an open space (section 16(1)(a) and (b)). This provision addresses a serious safety risk and protects both persons and property in the Town (section 16(1)).
15. Restrictions on ponds and fountains
Section 17 prohibits a person from bathing, wading or washing in, or causing or permitting any animal belonging to the person or in the person’s charge to enter or remove any thing from, a pond or fountain that is in the Town and maintained by the Town Council (section 17(a) and (b)). This protects water features from contamination, damage, and misuse, and it also prevents animals from interfering with these amenities (section 17).
16. Restrictions on entry to sensitive areas
Section 18 prohibits a person, without the prior written permission of the Town Council, from entering a lift motor room, pump room, switch room or roof top (section 18(a)). It also prohibits entry into any common property that is a fenced enclosure, building or room and contains an installation for the use or supply of water or electricity (section 18(b)(i) and (ii)). This provision protects restricted infrastructure and safety-critical areas from unauthorised access (section 18).
17. Service of notices and documents
Section 19(1) sets out how notices or documents required by the By-laws may be given or served, unless otherwise expressly provided (section 19(1)). Service may be effected by delivering the notice or document to the person or to an adult member or employee of the person’s family or household at the person’s usual or last known place of residence; by leaving it at the person’s usual or last known place of residence or place of business in an envelope addressed to the person; by sending it by registered post to the person at the person’s usual or last known place of residence or place of business; or, for an incorporated company, partnership or body of persons, by delivery to the secretary or other like officer at the registered office or principal place of business, or by registered post to that address (section 19(1)(a) to (d)). This provision supports administrative enforcement and procedural fairness (section 19(1)).
18. Compounding of offences
Section 20 provides that any offence under the By-laws, read with section 24(9) of the Town Councils Act, may be compounded by the Town Council in accordance with section 49 of the Act (section 20). This means the Town Council has a statutory power to compound offences rather than proceed only by prosecution, subject to the framework in the parent Act (section 20).
19. Enforcement savings clause
Section 21 states that the By-laws do not prevent an officer or employee of the Town Council, or a person authorised by the Town Council, from doing an act that is reasonably necessary or expedient to enforce the By-laws (section 21). This preserves practical enforcement powers beyond the specific prohibitions and remedies listed in the By-laws (section 21).
20. Preservation of public rights on public paths
Section 21A provides that the By-laws do not affect the rights of the public to pass along a public path within the Town in accordance with the Active Mobility Act 2017 (section 21A). This is an important interpretive safeguard, ensuring that the By-laws are not read to curtail lawful public passage on declared public paths (section 21A).
What are the penalties/obligations?
The extracted text does not set out a standalone penalty scale such as a fine or term of imprisonment within the By-laws themselves. Instead, section 20 states that any offence under the By-laws, read with section 24(9) of the Town Councils Act, may be compounded by the Town Council in accordance with section 49 of the Act (section 20). Accordingly, the principal legal consequence expressly stated in the text is compounding, not a bespoke penalty clause in the By-laws (section 20).
The obligations imposed by the By-laws are extensive and are framed as “must not” prohibitions. These include obligations not to place objects on common property or open spaces without designation, not to obstruct lawful use of common property, not to damage or remove common property, not to interfere with vegetation, not to park or use vehicles without permission, not to repair vehicles on common property, not to skate or play games except in designated areas, not to stage entertainment or sell goods without permission, not to display signs or erect fixtures without permission, not to draw water or electricity without permission, not to misuse refuse chutes, not to throw items from flats in a dangerous way, not to interfere with ponds and fountains, and not to enter restricted areas without permission (sections 3 to 18). These obligations are enforceable through the Town Council’s powers and the compounding mechanism (sections 20 and 21).
The By-laws also impose a practical obligation to respect the Town Council’s prior written permission requirements. In multiple provisions, conduct is prohibited unless prior written permission is obtained from the Town Council, including the removal of vegetation, parking and vehicle use, entertainment and sales, display of signs, erection of fixtures, drawing water or electricity, and entry into restricted areas (sections 6, 7, 11, 12, 13, 14, 18). The repeated use of prior written permission indicates that the Town Council retains discretion to authorise otherwise prohibited conduct where appropriate (sections 6, 7, 11, 12, 13, 14, 18).
When did it come into effect?
The By-laws “come into operation on 1 August 2016” (section 1). The extracted amendment note also records “[S 596/2019 wef 01/09/2019]”, indicating an amendment effective from 1 September 2019, but the commencement date of the instrument itself remains 1 August 2016 (section 1; amendment note).
Legislation Referenced
- Town Councils Act (Cap. 329A) — referenced in section 8(10) for appointment of the secretary under section 20(1), in section 19(1) for service and notice context, and in section 20 for compounding under section 49 and offences read with section 24(9) (sections 8(10), 19(1), 20).
- Section 20(1) of the Town Councils Act — referenced in the definition of “secretary” in section 8(10) (section 8(10)).
- Section 24(9) of the Town Councils Act — referenced in section 20 as the offence provision read with the By-laws (section 20).
- Section 49 of the Town Councils Act — referenced in section 20 as the compounding provision (section 20).
- Parking Places Act (Cap. 214) — referenced in the definition of “parking place” in section 2 (section 2).
- Active Mobility Act 2017 (Act 3 of 2017) — referenced in the definitions of “mobility aid” and “public path” in section 2, in the vehicle exceptions in section 7(2), and in section 21A preserving public rights of passage (sections 2, 7(2), 21A).
- Section 6 of the Active Mobility Act 2017 — referenced in the definition of “public path” in section 2 (section 2).
Source Documents
This article analyses for legal research and educational purposes. It does not constitute legal advice. Readers should consult the full judgment for the Court's complete reasoning.