(Choses Publiques) (Jersey) Law 1993
A LAW to amend the customary law of Jersey
to enable the granting of permits for the exclusive possession and use of
certain areas of land to which the public of Jersey has access
In this Law, unless the context otherwise requires –
“by-road” has the same meaning as “chemin vicinal” in the Loi (1914) sur la Voirie;
“chose publique” means
any area of land over which the public has, under the customary law of Jersey,
the right to pass and repass without let or hindrance, whether on foot or with
animals or vehicles, including any highway, but excluding any park or sea
“police officer” means a member of the Honorary Police
or the States of Jersey Police Force.
2 Permits to occupy choses publiques
(1) Subject to the
provisions of this Law, and notwithstanding any rule of customary law to the
contrary, the Connétable of the parish in which a chose publique is situated may –
relation to a chose
publique which is a by-road;
relation to a chose
publique, which is under the
administration of the Minister for Infrastructure, with the consent of that Minister,
grant to any person a permit authorizing that person to have the
exclusive occupation of any land comprising that chose
publique or a part thereof, during the hours mentioned and for the
purposes described in the permit and subject to any conditions imposed therein.
(2) A permit under this Article
shall, unless an earlier date is specified therein, expire on 31st December
next following the date of its grant but may be withdrawn by the
Connétable who granted it –
any time, by giving 30 days’ written notice accordingly to the holder of
notice, if, in the opinion of the Connétable, an emergency has arisen,
or is likely to arise, which requires the immediate withdrawal of the permit.
(3) A permit under this Article
may be granted subject to such conditions as the Connétable may think
fit to impose and to the payment of such reasonable fee as the
Connétable may determine.
(4) Any fee paid for the
grant of a permit under this Article shall be applied towards the cost of
maintenance of the by-roads of the parish concerned.
(5) If any person
contravenes or fails to comply with a condition imposed in a permit under this Article
the person shall be guilty of an offence and liable to a fine of level 3 on the
3 Abridgment of public right
of access, etc.
(1) Subject to paragraph (2)
and notwithstanding any rule of customary law to the contrary, at any time
during which the holder of a permit granted under that Article is entitled
under that permit to occupy the area of land to which the permit relates no person
shall have the right to pass and repass over, whether on foot or with animals
or vehicles or be on, that area of land unless the person does so, or is there,
with the consent, express or implied, of the holder of the permit.
(2) Paragraph (1) does
not apply to –
police officer, an officer of the Impôts or an immigration officer,
acting in the course of the officer’s duty;
member of the fire, ambulance or other emergency service, acting in the course
of the member’s duty;
(c) a person
lawfully exercising any power conferred by any enactment or lawfully
discharging any function or duty on behalf of a Minister or a parochial authority; or
vehicle or animal which is in the charge of any of the above-mentioned persons.
This Law may be cited as
the Customary Law (Choses Publiques) (Jersey) Law 1993.