(Supplementary Provisions) (Jersey) Law 1955
A LAW to provide for the purchase of,
and the exercise of control over, land in the interests of civil aviation, for
the indication of the presence of obstructions to flying, and for matters
this Law, except where the context otherwise requires –
has the meaning given by Article 1 of the Aerodromes
(Administration) (Jersey) Law 1952;
the Inferior Number of the Royal Court;
includes any estate or other interest in land and any servitude;
means the Minister for Sustainable Economic Development;
includes a usufructuary and the husband of a feme
“purposes of civil
aviation” includes all purposes connected with air navigation except
purposes of defence of the realm by air.
reference in this Law to the carrying out of works on land shall be construed
as including a reference to the making of excavations on the land or to the
carrying out of levelling operations on the land, and references to the
maintenance of works or to interference with works shall be construed
power conferred by this Law shall be in addition to and not in derogation of
any other power conferred by or under any other enactment.
2 Compulsory purchase of land for civil aviation purposes
Where it appears to the
States that any land should be acquired by the public of Jersey for purposes of
civil aviation, it shall be lawful for the States to acquire such land by
compulsory purchase on behalf of the public in accordance with the provisions
of the Compulsory
Purchase of Land (Procedure) (Jersey) Law 1961, and, in relation to the acquisition of any land as aforesaid, the
Minister shall be the acquiring authority within the meaning of the said Law.
3 Power to exercise control over land in the interests of civil
Minister may, if satisfied that it is necessary so to do in order to secure the
safe and efficient use for civil aviation purposes of any land, structures,
works or apparatus under the administration of the Minister or of an airport
authority, give directions –
requiring the total or partial demolition or removal of any building, structure
Provided that no
directions shall be given for the purpose specified in this sub-paragraph
without the consent of the States previously obtained;
restricting the height of trees upon any land, or for requiring any tree upon
any land to be cut down or reduced in height;
restricting the installation of cables, mains, pipes, wires or other apparatus
upon, across, under or over any land;
extinguishing at the expiration of such period as may be determined by the
directions any subsisting right of installing or maintaining any such apparatus
as aforesaid upon, across, under or over any land;
requiring that, before the expiration of such period as may be determined by
the directions, any such apparatus shall be removed from any land.
the purpose of giving effect to any directions under this Article, the Minister
may authorize any person to remove, pull down, cut down, or alter so as to
bring into conformity with the requirements of the directions, any building,
structure, erection, tree or apparatus which contravenes those requirements,
and to enter upon any land for that purpose:
Provided that a person
proposing to exercise a power of entry conferred under this Article –
if so required, produce written evidence of his or her authority;
in a case of emergency, shall not enter upon any land which is for the time
being occupied unless, not less than 7 days before the day on which entry is
made, notice of the intended entry, specifying the purpose for which entry will
be made, has been served on the occupier of the land.
Minister may, during the period in which any works necessary to give effect to
any directions under this Article are being carried out, place upon, under or
over any land any machinery or apparatus required for carrying out such works
and if, during the said period, it appears to the Minister to be necessary so
to do either for the purpose of ensuring the proper and speedy carrying out of
any such works or for taking precautions against personal injury, he or she may
prohibit or restrict all or any persons from using such land.
person who wilfully obstructs a person in the exercise of his or her powers
under paragraph (2) or who uses any land in contravention of any
prohibition or restriction under paragraph (3) shall be liable to a fine of
level 3 on the standard scale.
provisions of the Schedule shall have effect with respect to directions given
under this Article.
4 Indication of presence of obstructions to flying
the Minister is satisfied, with respect to any building, structure or erection,
that in order to avoid danger to aircraft flying in darkness or conditions of
poor visibility, provision ought to be made (whether by lighting or otherwise)
for giving to such aircraft warning of the presence of that building, structure
or erection, the Minister may –
to be executed, installed, maintained, operated and, as occasion requires,
repaired and altered, such works and apparatus as may be necessary for enabling
such warning to be given in such manner as the Minister may determine; and
far as may be necessary for exercising any of the powers aforesaid, authorize
any person, with or without vehicles, to enter upon and pass over any land.
works shall be executed on any land in pursuance of this Article unless, at
least 14 days previously, the Minister has served on the occupier of that land,
and on every other person known by the Minister to have an interest therein, a
written notice containing particulars of the nature of the proposed works and
the manner in which and the time at which it is proposed to execute them.
Minister shall pay to any person having an interest in any land, such
compensation for any loss or damage which that person may suffer, or for any
expenses which that person may reasonably incur, in consequence of the exercise
by the Minister of the Minister’s powers under this Article as may, in
default of agreement, be determined from time to time by arbitration.
ownership of anything shall not be taken to be affected by reason only that it
is placed in, or affixed to, any land in pursuance of this Article; and
(subject to the provisions of paragraph (6)) no person shall, except with
the consent of the Minister, wilfully interfere with any works or things which,
to the knowledge of that person, are works or things executed or placed in, on
or over any land in pursuance of this Article.
any person contravenes the provisions of paragraph (4), he or she shall be
liable to imprisonment for a term of 6 months and a fine; and every person
who wilfully obstructs a person in the exercise of his or her powers under this
Article shall be liable to a fine of level 3 on the standard scale.
in this Article shall operate, in relation to any building, structure or
erection, so as to restrict the doing of any work for the purpose of repairing,
altering, demolishing or removing the building, structure or erection on
condition that –
of the doing of that work is given as soon as may be to the Minister; and
giving of warning of the presence of the building, structure or erection in the
manner determined by the Minister is not interrupted.
notice required to be served on any person for the purposes of this Law may be
served on him or her either by delivering it to him or her, or by leaving it at
his or her proper address, or by post, so however that the notice shall not be
duly served by post unless it is sent by registered letter.
such notice required to be served on an incorporated company or body shall be
duly served if it is served on the secretary or clerk of the company or body.
the purposes of this Article, the proper address of any person on whom any such
notice as aforesaid is to be served shall, in the case of the secretary or
clerk of any incorporated company or body, be that of the registered or
principal office of the company or body, and in any other case be the last
known address of the person to be served:
Provided that where the
person to be served has furnished an address for service, his or her proper
address for the purposes aforesaid shall be the address furnished.
it is not practicable after reasonable inquiry to ascertain the name or address
of any owner, lessee or occupier of land on whom any such notice as aforesaid
is to be served, the notice may be served by addressing it to him or her by the
description of “owner”, “lessee” or
“occupier” of the land (describing it) to which the notice relates,
and by delivering it to some person on the premises, or, if there is no person
on the premises to whom it can be delivered, by affixing it, or a copy of it,
to some conspicuous part of the premises.
This Law may be cited as
the Civil Aviation (Supplementary Provisions) (Jersey) Law 1955.
PROVISIONS RELATING TO
DIRECTIONS UNDER ARTICLE 3
NOTICE OF DIRECTION
after the direction has been given, the Minister shall serve notice of the
the case of any direction, upon every owner, lessee and occupier of the land to
which the direction relates;
the case of a direction restricting the installation of apparatus or
extinguishing rights to install or maintain apparatus, upon every person whose
rights to install or maintain apparatus are affected by the direction; and
the case of a direction requiring the removal of any apparatus, upon the person
entitled to maintain the apparatus required to be removed under the direction.
Any notice given with
respect to any direction for the purpose of complying with the requirements of
this paragraph shall state the effect of the direction.
any person aggrieved by the direction desires to question the validity thereof,
or of any provision contained therein, on the ground that it is not within the
powers of the Minister or that any requirement of this Law has not been
complied with in relation to the direction or that the direction is
unreasonable having regard to all the circumstances of the case, he or she may,
within 6 weeks from the time when the direction is served upon him or her in
accordance with the requirements of this Schedule, make an application to the
Court; and on any such application the Court –
(a) may by
interim order suspend the operation of the direction or of any provision
contained therein, either generally or in so far as it affects the applicant,
until the final determination of the proceedings; and
satisfied that the direction or any provision contained therein is not within
the powers of the Minister, or that the interests of the applicant have been
substantially prejudiced by any requirement of this Law not having been
complied with or that the direction is unreasonable having regard to all the
circumstances of the case, may quash the direction or any provision contained
therein, either generally or in so far as it affects the applicant.
person having an interest in land the value of which is diminished in consequence
of the giving of the direction shall be entitled to recover compensation from
the Minister for the diminution.
person who sustains damage by being disturbed in the enjoyment of any right in
or over land in consequence of the giving of the direction (not being damage
which consists of the diminution in the value of an interest in land) shall be
entitled to recover compensation from the Minister in respect of that damage.
Minister shall pay compensation in respect of any expenditure reasonably
incurred by any person for the purpose of carrying out work which is required
to be carried out by the direction.
compensation payable to any person by virtue of the foregoing provisions of
this Schedule shall be reduced by the value to him or her of any timber,
apparatus or other materials removed for the purposes of complying with the
the purpose of assessing compensation under this Schedule, in so far as it is
payable in respect of the diminution in the value of an interest in land,
Article 9 of the Compulsory
Purchase of Land (Procedure) (Jersey) Law 1961, shall, so far
as it is applicable and subject to any necessary modifications, have effect as
it has effect for the purpose of assessing compensation for the compulsory
acquisition of land.
any dispute arises as to whether compensation is payable under this Schedule,
or as to the amount of any such compensation, or as to the persons to whom it
is payable, the dispute shall be determined by arbitration.
as hereinafter provided, the Minister shall as soon as may be after the
direction has been given, make application to the Court for an order that the
direction be registered in the Public Registry of Contracts:
Provided that the
application shall not be made before the expiration of 6 weeks from the time
when the direction is served in accordance with the requirements of this
Schedule, or, where an application has been made to the Court under paragraph
2, until after the final determination of the proceedings.
for any reason, the direction ceases to have effect, any person having an
interest in the land to which the direction relates may apply to the Court for
an order that the registration thereof in the Public Registry of Contracts be
annulled, and the Court, on being satisfied that the direction has ceased to
have effect, shall make such an order.
to the provisions of paragraphs 2 and 10, the direction shall not, either
before or after it has been given, be questioned in any legal proceedings