Jersey Law 12/1962
ROADS (DRAINAGE) (JERSEY) LAW, 1962.
A LAW to
make further provision for the drainage of surface water from roads, sanctioned
by Order of Her Majesty in Council of the
14th day of JUNE,
(Registered on the 30th day of June, 1962).
STATES OF JERSEY.
The 18th day of
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
In this Law –
“adjoining” includes abutting on;
“highway authority” and “road” have the
same meanings as in the Roads Administration (Jersey) Law, 1960 ;
“land” includes land covered by water ;
“owner” has the same meaning as in the Parish Rate
(Administration) (Jersey) Law, 1946, as
DRAINAGE OF ROADS
highway authority may, for the purpose of draining a road administered by that
authority or of otherwise preventing surface water from flowing on to it, do
all or any of the following, that is to say –
(a) construct or lay, in
the road or in land adjoining or lying near to the road, such ditches, gutters,
drains, watercourses, bridges, culverts, tunnels or pipes as it considers
(b) erect barriers in the road
or in such land as aforesaid to divert surface water into or through any
existing ditch, gutter, drain, watercourse, bridge, culvert, tunnel or pipe;
(c) scour, cleanse and keep
open all ditches, gutters, drains or watercourses situated in the road, or in
such land as aforesaid.
injury is sustained by the owner or occupier of any land, not being waste or
common land, by reason of the exercise by the highway authority of any of its
powers under paragraph (1) of this Article, the authority shall be liable to
make reasonable compensation to the injured person, and in the case of dispute
the amount of the compensation shall be determined by arbitration.
a person, without the consent of the highway authority, alters, obstructs or
interferes with a ditch, gutter, drain, watercourse, bridge, culvert, tunnel,
pipe or barrier which has been constructed, laid or erected by the authority in
exercise of its powers under paragraph (1) of this Article, or which is under
its control, the authority may carry out any work of repair or reinstatement
necessitated by the action of that person and may recover from him as a civil
debt the expenses reasonably incurred by it in so doing, and, without prejudice
to the right to exercise that power, he shall be liable to a fine not exceeding
three times the amount of those expenses.
Article 17 of the “Loi (1914) sur la Voirie”, as
amended is hereby repealed.
This Law may be cited as the Roads (Drainage) (Jersey) Law, 1962.
A.D. LE BROCQ,
Deputy Greffier of the States.