Honiara City Ordinances

This page gives a summary of each of the Council Ordinances, its regulations, and supplies a full copy of each one.

These ordinances are effective within the Honiara Town Boundary.

The Ordinances displayed (in order) on this page are:

  • Market Ordinance
  • Litter Ordinance
  • Building Ordinance
  • Business License Ordinance
  • Hawkers Ordinance
  • Cemeteries Ordinance
  • Parks and Recreation Grounds Ordinance
  • Ice and Aerated Water Factories Ordinance
  • Bakeries Ordinance
  • Dogs Ordinance
  • Prevention of Sale of Traditional Artifacts Ordinance
  • Car Parks Ordinance

Market Ordinance

The Honiara City Council (Markets) Bill 2009 (‘the Market Ordinance’) was passed on the 24th November 2009, assented to the Minister for Home Affairs on the same date and gazetted on the 12th March 2010 under Legal Notices No. 15 to 17.

The Market Ordinance was created to ensure the orderly operation of the markets in Honiara City.

At present, all markets are run by the City Council

  • No person or individual is allowed to run a private market unless he/she has prior written permission from Council

The Market Ordinance sets out:

  • What every resident must do to follow the law;
  • What the penalties are if they don’t follow the law; and
  • How Authorised Officers / Law Enforcement Officers can enforce the Law

The full document of the Market Ordinance can be read here – click here.

 

Litter Ordinance

The Honiara City Council (Litter) Bill 2009 (‘the Litter Ordinance’) was passed on the 24th November 2009, assented to the Minister for Home Affairs on the same date and gazetted on the 12th March 2010 under Legal Notice No. 16.

Litter Ordinance was created to keep Honiara City clean.

The Litter Ordinance outlines the duty of each business houses or individuals, who are must provide litter receptacles (rubbish bins) for the properties for waste collection. The Council may also install receptacles (rubbish bins) in any public place or area.

In doing so, the Council shall issue notice to any occupier of premises if he or she fails to maintain a litter receptacle (rubbish bin) in a reasonably sound and hygienic conditions.

The Council in accordance with the Litter Ordinance shall or may collect litter receptacles from any premises upon payment of the appropriate fee in accordance with any schedule and subject to any conditions that the Council determines.

In brief, the Litter Ordinance sets out:

  • What every resident must do to follow the law;
  • What the penalties are if they don’t follow the law; and
  • How Council Officers can enforce the Law.

The full document of the Litter Ordinance can be read here – click here.

Building Ordinance

The Honiara City Council Building By-Law (‘the Building Ordinance’) was passed on the 1st February 1960 and Gazetted under Legal Notice 41 of 1984.

The Building Ordinance was made under the provisions of the Town Council Act (No. 18 of 1957) and continued in force under Section 127 (g) of the Local Government Act.

The Building Ordinance was created to ensure that all buildings built within the Honiara City are built in a legal manner that ensures safe and healthy development of healthy of Honiara City.

The Building Ordinance sets out the procedures that are required for when an individual or company are proposing to start construction of a building within the City boundary.

The Building Ordinance also provides or outlines what type of materials are legally approved to use whilst constructing a building.

It further outlines the penalties or the consequences for when a person is constructing a building without prior approval from the Council and the Town and Country Planning Board.

The Council may by notice require a person or a company to voluntarily demolish their illegal construction should they fail to follow required procedure that is outlined by the Building Ordinance. A person failing to comply may result in the Council demolishing their respective construction or building within a given period stated under a notice.

The Building also outlines the process to occupy a building which is fully completed. Accordingly, the owner of the building shall or must advise the Council of the completion of the building. No one is allowed to occupy a building without the Council’s final inspection of the building to deem it certified for occupation.

The Building Ordinance sets out:

  • What every resident must do to follow the law;
  • What the penalties are if they don’t follow the law; and
  • How Council Officers can enforce the Law.

The full document of the Building Ordinance can be read here – click here.

To read how you can build in Honiara, read our short guide here – click here.

Business License Ordinance

The Honiara City Council (Regulation of Business Licences) Bill 2011 (‘the Business Licence Ordinance’) was passed on the 24th November 2011 and was gazetted under Legal Notice No. 8 on the 18th January 2012.

The Business Licence Ordinance was designed to better regulate the running of businesses in Honiara City.

No person shall carry on a business within Honiara City unless he or she is granted a licence under this Ordinance. If a person is found to have operated a business without a legal licence issued by the Council, that person commits an offence and is liable to conviction.

The Council may also in accordance with this ordinance refuse to issue a business licence if the carrying on of the business would contravene any law in force in the Honiara City or the applicant has not obtained the legal authority required under another written law to carry on the business.

Business licence issued by the Council is not transferrable. The duration of a business licence issued by the Council shall be valid from the 1st January to 31st December in each year or on the date it was granted until 31st December in the same year.

A person by whom the council has granted licence to him or her is required to comply with licence conditions imposed by the Council. A person who is granted a licence by the Council is also required to display his or her licence in a conspicuous place.

A person that has been granted licence by the Council shall or must notify the Council of any changes to the licence information provided. The Council may revoke or vary conditions on business licence.

The Business Licence Ordinance sets out:

  • What people must do to run a lawful business;
  • What happens when people don’t comply with the law; and
  • How Council officers can enforce the law.

The full document of the Business Licence Ordinance can be read here – click here.

To read how you can get a Business Licence in Honiara, read our short guide here – click here.

 

Hawkers Ordinance

The Honiara (Hawkers) By-Law (‘the Hawkers Ordinance’) was passed on the 22nd February 1965.

The Hawkers Ordinance is specifically created to allow individuals to hawk (street vendor) within Honiara City as a legal form of business.

The Hawkers Ordinance allows for an individual to carry and sale, barter, or exchange any goods, and includes the act of selling or exposing for sale any of the aforesaid articles by any person at any place, in which does not usually reside or carry on business.

No person shall hawk within the City Boundary unless he or she has in possession a valid hawkers license.

The Council may at any time by resolution restrict the number of hawkers licenses for a period of time.

Furthermore, a hawker’s license shall not entitle the licensee to sell goods in any premises or building occupied permanently or temporarily by them.

In short, Hawkers Ordinance was designed to regulate hawking in Honiara City

The Hawkers Ordinance sets out:

  • What every resident must do to follow the law;
  • What the penalties are if they don’t follow the law; and
  • How Council Officers can enforce the Law

The full document of the Hawkers Ordinance can be read here – click here.

 

Cemeteries Ordinance

The Cemeteries By-Law (‘the Cemeteries Ordinance’) was passed on the 1st February 2014 and Gazetted under Legal Notice 47 of 1994.

The Cemeteries Ordinance was created to ensure that all burial of human remains are done accordingly to the land that is or are designated by the Council. No human remains shall be buried within the area of the Council elsewhere than in a cemetery designated by the Council.

The Cemeteries Ordinance clarifies that no grave shall be less than five feet in depth and no human remains shall be buried nearer the surface of the ground than four feet.

The Council may from time to time (prescribed by resolution) charge burial and cremation fees that shall be payable to the Council.

The Cemeteries Ordinance sets out:

  • What every resident must do to follow the law;
  • What the penalties are if they don’t follow the law; and
  • How Council Officers can enforce the Law.

The full document of the Cemeteries Ordinance can be read here – click here.

Read our guide on using the cemetery here – click here.

Parks and Recreation Grounds Ordinance

The Honiara Parks and Recreation Grounds By-Law (‘the Honiara Parks and Grounds Ordinance’) was passed on the 1st February 1960.

The Honiara Parks and Recreation Grounds Ordinance was created to establish the orderly running of proposed sites for parks and recreation areas to be used by the general public within Honiara City.

The Council may determine the opening and closing hours of any parks, garden, recreations grounds or any enclosed space designated to the public.

The Council may grant exclusive use of any parks, garden, recreations grounds or any enclosed space designated for the public, purposely for sports, games or public meetings to any person, club or association, during such hour and for such period and under such conditions that the Council may deem fit.
In accordance with this ordinance, the Council may or shall remove offenders from parks or other designated areas for the same purpose if it is believed that this person have contravened the provision of this Ordinance.

It is an offence under this ordinance if a person without prior authorisation from the Council removes or injures any fountain, statue, monument, bust, chains cut or remove, dig up or fell or otherwise damage any property specified under this ordinance.

Any person commits any offence as stated in this Ordinance is liable to further charges in the Magistrates Court.

The Honiara Parks and Recreation Ordinance set out:

  • What every resident must do to follow the law;
  • What the penalties are if they don’t follow the law; and
  • How Council Officers can enforce the Law.

The full document of the Parks and Recreation Grounds Ordinance can be read here – click here.

Ice and Aerated Water Factories Ordinance

The Honiara (Ice and Aerated Water Factories) By-Law (‘the Honiara (Ice and Aerated Water Factories) Ordinance was passed on the 23rd June 1965 and gazetted under Legal Notice 110 of 1965.

The Ice and Aerated Water Factories Ordinance was created to ensure the safety of beverages produced in Honiara.

That every kind of effervescent liquid prepared for Human consumption and sold in bottles, syphons, casks, or other vessels and shall include non-effervescent syrups, cordials and other soft drink beverages, to be fit for human consumption.

A medical officer, a health inspector or any authorised person acting on behalf of the Council in accordance with this ordinance may at all reasonable times enter and conduct inspection, perform medical examination or seize any aerated water or ice unfit for human consumption.

It is the duty of every owner of manufacturing premises to construct the premises in accordance with material requirements approved by the Council.

The Honiara (Ice and Aerated Water Factories) Ordinance sets out:

  • What every resident must do to follow the law;
  • What the penalties are if they don’t follow the law; and
  • How Council Officers can enforce the Law.

The full document of the Ice and Aerated Water Factories Ordinance can be read here – click here.

Bakeries Ordinance

The Honiara (Bakeries) By-Law (‘the Honiara (Bakeries) Ordinance) was passed on the 23rd June 1965 and Gazetted under Legal Notice 109 of 1965.

The Honiara (Bakeries) Ordinance was created to ensure that bakeries premises operated within the Honiara City is or are operated to the standard that is fit for producing products that is certified fit for human consumption.

A medical officer acting on behalf of the Council in accordance with this ordinance may examine any premises used as a bakery for the purpose of ascertaining whether such premises or person is suffering from any venereal or other contagious or infectious disease.

Furthermore, no portion of any bakery constructed shall be underground. All materials used to construct a bakery premises shall be in accordance with the provisions or materials approved for by the Council.

It is the duty of the occupier of a bakery not to employ any person suffering from infectious disease, provide for a dressing room for employees, provision of storage accommodation, provide our water supply, and ensure cleanliness of the premises equipment and employees, proper ventilations are provided for the bakery, ensure prevention of contamination and to provide refuse bins.

Failure to comply with further provisions of this ordinance shall be guilty of an offence and liable to a fine prescribed under this ordinance.

The Honiara (Bakeries) Ordinance sets out:

  • What every resident must do to follow the law;
  • What the penalties are if they don’t follow the law; and
  • How Council Officers can enforce the Law

The full document of the Bakeries Ordinance can be read here – click here.

Dogs Ordinance

The Honiara (Dogs) By-Law (‘the Honiara Dogs Ordinance) was passed on the 22nd June 1965 and was gazetted under Legal Notice 108 of 1965 with further amendments done on the 5th February 2010 and 23rd March 2010.

The Honiara (Dogs) Ordinance was created to legalize the possession of keeping a dog no less than six months old within the Honiara City. No person shall keep a dog within the premises of the City unless he or she has obtained legal license from the Council.

The Council shall impound any dog found without a disc or wondering at large in circumstances in which it constitutes a nuisance or danger to the public or to any person.

Where any dog that has been impounded is not claimed by the owner or any person of interest, the Council may cause it to be destroyed or sold within a given period provided by the Council.

Any person who without lawful authority or lawful excuse releases or injures or attempts to release or injure any dog detained by the Council shall be guilty of an offence and liable to be charged in the Magistrates Court in relations to the offence.

The Honiara (Dogs) Ordinance sets out:

  • What every resident must do to follow the law;
  • What the penalties are if they don’t follow the law; and
  • How Council Officers can enforce the Law

The full document of the Dogs Ordinance can be read here – click here.

You can read how you can register your dog here – click here.

 

Prevention of Sale of Traditional Artifacts Ordinance

The Honiara Town Council (Prevention of Sale of Traditional Artifacts) By-Law (‘the Honiara City Council (Prevention of Sale of Traditional Artifacts) Ordinance was passed on the 1st January 1982 and was gazetted under Legal Notice 40 of 1984.

The Prevention of Sale of Traditional Artifacts Ordinance was created purposely to prevent the illegal sale of Traditional Artifacts for the preservation of our history and heritage.

It is an offence to sell or attempt to buy or sell any traditional artifacts without the prior approval from the Council. It shall be lawful for any police or officer of the Council at all reasonable times to make inquiries to ascertain whether any breach of this ordinance is being or has been committed.

Any person who obstructs any police officer or an officer of the Council whilst exercising his or her powers under this ordinance shall be guilty of an offence and liable to a fine imposed by the Magistrate Court or further imprisonment.

The Honiara City Council (Prevention of Sale of Traditional Artifacts) Ordinance sets out:

  • What every resident must do to follow the law;
  • What the penalties are if they don’t follow the law; and
  • How Council Officers can enforce the Law

The full document of the Prevention of Sale of Traditional Artifacts Ordinance can be read here – click here.

 

Car Parks Ordinance

The Honiara Car Park By-Laws 1997 (‘the Honiara Car Park Ordinance 1997) was passed on the 24th March 1997 and gazetted under Legal Notice No. 39 on the 3rd April 1997.

The Honiara Car Park Ordinance 1997 was designed to regulate the orderly manner or avenues of car parks for Honiara City.

The Honiara Car Park Ordinance 1997 sets out:

  • What people must do to run a lawful business;
  • What happens when people don’t comply with the law; and
  • How Council officers can enforce the law.

The full document of the Car Parks Ordinance can be read here – click here.

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