WATER CONTAMINATION (Preventive measures)

Mr Ang Mong Seng asked the Minister for National Development (a) what measures are being taken to prevent a recurrence of the water contamination problem as had occurred in Bukit Timah Plaza and Chuan Park Condominium; and (b) whether the roles and responsibilities of management agents and management corporations in the Land Titles (Strata) Act are clearly defined.

The Senior Parliamentary Secretary to the Minister for National Development (Assoc. Prof. Koo Tsai Kee) (for the Minister for National Development): Sir, there are two parts to this question. On the first part, at the Parliamentary session on 9th October 2000, Mr Tang Guan Seng, Senior Parliamentary Secretary (Trade and Industry), has outlined the measures taken by the Public Utilities Board (PUB), together with the Ministry of the Environment (ENV), to prevent a recurrence of the water contamination problem. If the Member has more questions, he might wish to direct a question to MTI. Or else, he might want to look up the Hansard.

On part (b), on the roles and responsibilities of the management corporations (MCs), these are clearly spelt out in the Land Titles (Strata) Act.

Amongst other things, the management corporation has the duty to properly manage, maintain and keep the common property in a state of good and serviceable repair, keep proper records and books of account and insure the property.

Sir, under the Act, the MC may appoint a managing agent (MA) and, by a written instrument, delegates its powers, duties and functions to the MA. Where the MC has delegated the performance of a duty to the MA, the Act provides that the MA shall be liable for any contravention of the provisions of the Act in respect of the delegated duty. So the key words are "delegated duty".

The MC will have to decide for itself the duties to be delegated to the MA, and the contractual terms for the appointment. If the MA did not perform, the MC may remove the MA from office. And like any other commercial arrangements, the MC may also seek the appropriate legal remedies if it can establish a breach of contract or negligence on the part of the managing agent.

Sir, where there are provisions in the Land Titles (Strata) Act, which proved to be inadequate, the Building and Construction Authority (BCA) would initiate and recommend amendments to the Act at the appropriate time.

Mr Ang Mong Seng (Bukit Gombak): Sir, can I ask two questions? Firstly, at the moment, since the MA's contract is usually for only one year, will the Ministry consider giving a longer contract for the MA to manage private condominiums? Secondly, water tanks. Does the Ministry have special programmes to ensure that MAs check the water tanks within a specific time?

Assoc. Prof. Koo Tsai Kee: The details of the terms of a contract are between the MC and the MA. So if the MC wants to award the contract for more than one year, it is up to the MC. Whether the Ministry looks after the water tank safety, the answer is really no, because the Building and Construction Authority is the authority on building as far as structural integrity is concerned. Water contamination problems are actually under the purview of MTI and the Ministry of the Environment. But just to give the background, after the Bukit Timah Plaza incident, MTI and ENV have instructed all MCs to look at their sanitary pipes and to repair these pipes if they are corrugated and to also check their water tanks. They have found that the Bukit Timah Plaza incident was an isolated problem. But, nonetheless, the problem has been fixed.

Mr Goh Choon Kang (Marine Parade): Mr Speaker, Sir, can I ask the Senior Parliamentary Secretary if he would say that the two cases cited are actually of a very different nature and whether the real cause of contamination in the Chuan Park case has been established?

Assoc. Prof. Koo Tsai Kee: I am not aware of the details of the Chuan Park case. As far as I know, the Chuan Park case was not a serious problem because they had found some kerosene contaminants in the water tank. But the kerosene contaminants were small and minuscule and did not affect human health.