(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
“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
means a member of the Honorary Police or the States of Jersey Police Force.
2 Permits to occupy choses publiques
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 –
(a) in relation to a chose publique which is a by-road;
(b) in 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.
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withdrawn by the Connétable who granted it –
(a) at any time, by giving 30
days’ written notice accordingly to the holder of the permit;
(b) without 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.
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.
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.
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 standard scale.
3 Abridgment of public right
of access, etc.
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
(1) does not apply to –
(a) a police officer, an
officer of the Impôts or an immigration officer, acting in the course of the
(b) a member of the fire,
ambulance or other emergency service, acting in the course of the
(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
(d) a 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.