Reservoirs (Jersey)
Law 1996[1]
A LAW to make provision against
escapes of water from large reservoirs; and for connected purposes
Commencement
[see endnotes]
PART 1
PRELIMINARY
1 Interpretation
In this Law unless the context otherwise requires –
“construction engineer” has the meaning assigned to it
by Article 6;
“Court” means the
Royal Court;
“final certificate”, “interim certificate” and “preliminary certificate” have the meanings
respectively assigned to them by Article 7;
“inspecting engineer” has the meaning assigned to it
by Article 10;
“Minister” means the Minister for Infrastructure;
“prescribed”
means prescribed by an Order made by the Minister;
“qualified civil engineer” has the meaning assigned
to it by Article 5;
“supervising engineer” has the meaning assigned to it
by Article 12;
“undertakers”
in relation to any reservoir means –
(a) in the case of a
reservoir that is or, when constructed, is to be managed and operated by The
Jersey New Waterworks Company Limited, that Company; and
(b) in
any other case –
(i) if
the reservoir is used or intended to be used for the purposes of any
undertaking, the persons for the time being carrying on that undertaking, or
(ii) if the reservoir is not so used or intended to be used, the
owners or lessees of the reservoir.[2]
2 Meaning of “reservoir”, “raised reservoir”
and “large raised reservoir”
(1) For
the purposes of this Law, “reservoir”
means a reservoir for water as such (but does not include a reservoir which is
wholly or partly below the high water mark); and –
(a) a
reservoir is a “raised reservoir”
if it is designed to hold, or capable of holding, water above the natural level
of any part of the land adjoining the reservoir; and
(b) a
raised reservoir is a “large raised
reservoir” if it is designed to hold, or capable of holding, more
than 10,000 cubic metres of water above that level.
(2) The
States may by Regulations alter the capacity specified in paragraph (1)(b) in relation to a large raised reservoir.
(3) Regulations
made under this Article may contain such incidental, supplemental or
transitional provisions or savings as the States may consider necessary or
expedient.
3 Ambit of Law
(1) The
provision made by this Law in relation to reservoirs shall, unless otherwise
stated, extend to any place where water is artificially retained, whether or
not use is, or is intended to be, made of the water and references in this Law
to a reservoir shall be construed accordingly.
(2) The
provision made by this Law in relation to large raised reservoirs shall, unless
otherwise stated, extend as well to those constructed under statutory powers as
to those not so constructed.
(3) This
Law shall not be taken as conferring on any person a claim to damages in
respect of a breach by undertakers of their obligations under this Law.
PART 2
SUPERVISION OF
RESERVOIRS
4 Registration of large raised reservoirs by Minister
The Minister shall establish and maintain a register showing the
large raised reservoirs in Jersey and giving the prescribed information about each
of them; and –
(a) the
register maintained by the Minister under this Article and copies of it or a
prescribed part of it shall be kept at such place or places as may be
prescribed; and
(b) the
register so maintained, and any copy required under sub-paragraph (a) to
be kept at any place, shall be available for inspection at all reasonable times
by any person.
5 Qualification of engineers
(1) The
Minister shall establish and maintain a register of civil engineers approved by
the Minister for the purposes of this Law, or such number of different
registers of engineers approved for different purposes of this Law or for
different classes of reservoir; and any reference in this Law to a qualified
civil engineer is a reference to an engineer who is registered in the register
established under this Article or, if there is more than one such register, who
is registered in the appropriate register.
(2) The
Minister shall from time to time review the register, or registers, established
under this Article and shall make such amendments thereto as the Minister
considers necessary or appropriate.
6 Construction or enlargement of reservoirs
(1) No
large raised reservoir shall be constructed (whether as a new reservoir or by
the alteration of an existing reservoir that is not a large raised reservoir)
or shall be altered so as to increase its capacity, unless a qualified civil
engineer (the “construction engineer”) is employed to design and
supervise the construction or alteration; and where the use of a reservoir as a
reservoir has been abandoned, and the reservoir is to be brought back into use
after being altered so as to increase its capacity, that shall be treated for
purposes of this Law as the construction of a new reservoir.
(2) Where
a large raised reservoir is constructed as a new reservoir, it shall not be
used for the storage of water, or be filled wholly or partially with water,
otherwise than in accordance with the certificate of the construction engineer
responsible for its construction (or, in the event of any alteration to it, in
accordance with paragraph (4)).
(3) Where
a large raised reservoir is constructed by the alteration of an existing reservoir
that is not a large raised reservoir, the addition to the reservoir shall not
be used for the storage of water, or be filled wholly or partially with water,
otherwise than in accordance with the certificate of the construction engineer
responsible for the construction of the reservoir (or, in the event of any
alteration to it, in accordance with paragraph (4)).
(4) Where
a large raised reservoir is altered so as to increase its capacity, then from
the time when the construction engineer responsible for the alteration gives
any certificate for the reservoir, the reservoir shall not be used for the
storage of water, or be filled wholly or partially with water, otherwise than
in accordance with the certificate of that construction engineer (or, in the event
of any further alteration to it, in accordance with this paragraph as it
applies to that alteration).
(5) Where
the construction or alteration of a reservoir is by this Article required to be
supervised by a construction engineer, the reservoir shall be under the
supervision of the construction engineer until the construction engineer gives the
construction engineer’s final certificate for the reservoir.
(6) References
in this Law to an addition to a reservoir refer to that part of the reservoir
which, as a result of alterations to the reservoir, provides or will provide
additional capacity.
7 Certificates of construction engineers
(1) As
soon as the construction engineer responsible for any large raised reservoir or
addition to a large raised reservoir considers that the construction of the
reservoir or addition has reached a stage at which the reservoir or addition
can properly be filled wholly or partially with water, the construction
engineer shall give a certificate (“preliminary certificate”)
specifying the level up to which it may be filled and the conditions (if any)
subject to which it may be so filled; and the construction engineer may from
time to time supersede a preliminary certificate by the issue of a further
preliminary certificate varying the previous certificate, whether as to water
level or as to conditions.
(2) Where
the construction engineer responsible for an addition to a large raised
reservoir considers at any time during the carrying out of the alteration to
the reservoir that the reservoir ought not to be filled with water up to the
level or subject to the conditions that would be lawful apart from this paragraph,
the construction engineer may give a certificate (“an interim
certificate”) specifying the level up to which it may be filled until the
issue of a preliminary certificate, and the conditions (if any) subject to
which it may be so filled; and the construction engineer may from time to time
supersede an interim certificate by the issue of a further interim certificate
varying the previous certificate, whether as to water level or as to
conditions.
(3) If,
at the end of 3 years after a preliminary certificate is first issued for a
reservoir or addition to a reservoir or at any time thereafter, the
construction engineer is satisfied that the reservoir or, as the case may be,
the reservoir with the addition is sound and satisfactory and may safely be
used for the storage of water, the construction engineer shall give a
certificate (“final certificate”) to that effect, and the final
certificate shall specify the level up to which water may be stored and the
conditions (if any) subject to which it may be so stored.
(4) If
at the end of 5 years after a preliminary certificate is first issued for a
reservoir or addition to a reservoir the construction engineer has not issued the
construction engineer’s final certificate, the construction engineer
shall give the undertakers a written explanation of the construction
engineer’s reasons for deferring the issue of the final certificate.
(5) The
construction engineer giving a final certificate for a reservoir shall consider
the matters (if any) that need to be watched by a supervising engineer during
the period before there is an inspection of the reservoir under this Law and
shall include in an annex to the certificate a note of any such matters.
(6) The
construction engineer for any reservoir or addition to a reservoir shall also,
as soon as practicable after the completion of the works and in any event not
later than the giving of the final certificate, give a certificate that the
works have been efficiently executed in accordance with the drawings and
descriptions annexed to the certificate, and shall annex to the certificate
detailed drawings and descriptions giving full information of the works
actually constructed, including dimensions and levels and details of the
geological strata or deposits encountered in trial holes or excavations made in
connection with the works.
(7) References
in this Law to a final certificate or to a certificate under paragraph (6)
include the annex to the certificate, where there is one.
8 Non-compliance with requirements as to construction or enlargement
of reservoirs
(1) Where
it appears to the Minister either –
(a) that
a large raised reservoir is being constructed (whether as a new reservoir or by
the alteration of an existing reservoir that is not a large raised reservoir)
or is being altered so as to increase its capacity; or
(b) that a large raised
reservoir having been so constructed or altered, no final certificate has yet
been given for the reservoir on the construction or alteration, as the case may
be,
but that no qualified civil engineer is responsible for the
reservoir or addition as construction engineer, the Minister may by written
notice served on the undertakers require them within 28 days after the
date when the notice is served to appoint a qualified civil engineer for the
purposes of this Article unless an appointment has already been made, and (in
either case) to notify the Minister of the appointment.
(2) An
engineer appointed for the purposes of this Article shall be appointed to
inspect the reservoir and make a report on the construction or alteration and
to supervise the reservoir until the engineer gives a final certificate under
this Article.
(3) An
engineer acting under this Article shall include in the engineer’s report
any recommendations the engineer sees fit to make as to measures to be taken in
the interests of safety; and, subject to any reference of the matter to an
arbitrator in accordance with Article 19, the undertakers shall carry any
such recommendation into effect.
(4) Except
as provided by paragraphs (5) and (6), an engineer acting under this Article
shall have the same powers and duties in relation to the giving of preliminary
certificates, interim certificates and final certificates as if the engineer
were the construction engineer responsible for the reservoir or, as the case
may be, the addition to it; and certificates under this paragraph shall have
effect for purposes of this Law as if they were certificates of a construction
engineer.
(5) A
final certificate under this Article may be given less than 3 years after the first
issue of a preliminary certificate, or without the previous issue of a
preliminary certificate, if the engineer is satisfied that the reservoir or
addition has for a period of 3 years or more been filled with water up to the
level that is specified in the preliminary certificate or, if no preliminary
certificate has been issued, up to the level that is specified in the final
certificate, and that the reservoir or, as the case may be, the reservoir with
the addition is sound and satisfactory and may safely be used for the storage
of water.
(6) A
final certificate under this Article, other than one given by virtue of paragraph (5)
shall not be required to state the engineer is satisfied the reservoir or, as
the case may be, the reservoir with the addition is sound and satisfactory;
but, if it does not do so and the engineer’s report includes any
recommendations as to measures to be taken in the interests of safety, the
certificate shall instead state that those recommendations have been carried
into effect.
(7) In
addition to certificates under paragraph (4), an engineer acting under
this Article shall, as soon as practicable after the completion of the works
and in any event not later than the giving of the final certificate, give a
certificate that, so far as the engineer has been able to ascertain, the works
have been efficiently executed in accordance with the drawings and descriptions
annexed to the certificate, and shall annex to the certificate detailed
drawings and descriptions giving such information as the engineer can of the
works actually constructed, including dimensions and levels and details of the
geological strata or deposits encountered in trial holes or excavations made in
connection with the works.
9 Re-use of abandoned reservoirs
(1) Where
the use of a large raised reservoir as a reservoir has been abandoned (whether
before or after the commencement of this Law) the reservoir shall not again be
used as a reservoir unless a qualified civil engineer has been employed to
inspect the reservoir and make a report on it, and to supervise the reservoir
until the qualified civil engineer gives a final certificate for the reservoir
under this Article.
(2) Where
a large raised reservoir is brought back into use as a reservoir after that use
had been abandoned, it shall not be used for the storage of water, or be filled
wholly or partially with water, otherwise than in accordance with the
certificate of the engineer acting under this Article (unless, on a
subsequent alteration to it, Article 6(4) applies).
(3) An
engineer acting under this Article shall include in the engineer’s report
any recommendations the engineer sees fit to make as to measures to be taken in
the interests of safety; and, subject to any reference of the matter to an
arbitrator in accordance with Article 19, the reservoir shall not be used
as such if any such recommendation has not been carried into effect.
(4) Except
as provided by paragraph (5), an engineer acting under this Article shall
have the same powers and duties in relation to the giving of preliminary
certificates and final certificates as if the engineer were the construction
engineer responsible for the construction of the reservoir; and certificates
under this paragraph shall have effect for purposes of this Law as if they were
certificates of a construction engineer.
(5) A
final certificate under this Article shall not be required to state that the
engineer is satisfied that the reservoir is sound and satisfactory; but, if it
does not do so and the engineer’s report includes any recommendations as
to measures to be taken in the interests of safety, the certificate shall
instead state that those recommendations have been carried into effect.
(6) Nothing
in this Article shall apply in relation to a reservoir, if before it is brought
back into use, either –
(a) it
is altered in such manner as is to be treated for the purposes of this Law as
the construction of a new reservoir; or
(b) it
is altered under the supervision of a qualified civil engineer so as not be a
large raised reservoir when brought back into use.
(7) Where
it appears to the Minister –
(a) that a large raised
reservoir has been brought back into use as a reservoir after that use had been
abandoned but that a report has not been obtained as required by this Article;
or
(b) that
a report obtained under this Article on a reservoir includes a recommendation
as to measures to be taken in the interests of safety that has not been carried
into effect as required by this Article,
the Minister may by
written notice served on the undertakers require them –
(i) within
28 days after the notice is served to appoint a qualified civil engineer
to make a report for the purposes of this Article, and to notify the Minister
of the appointment; or
(ii) within a time specified in the notice to carry into effect
any recommendation included in a report obtained for the purposes of this Article.
(8) Where
the Minister proposes to serve a notice under paragraph (7) requiring
undertakers to carry a recommendation into effect, the Minister shall consult a
civil engineer, being a qualified civil engineer for the purpose of inspecting
and supervising the reservoir under this Article, as to the time to be
specified in the notice.
10 Periodical inspection of large raised reservoirs
(1) The
undertakers shall have any large raised reservoir inspected from time to time
by an independent qualified civil engineer (“inspecting engineer”)
and obtain from the inspecting engineer a report of the result of the
inspecting engineer’s inspection.
(2) Unless
it is at the time under the supervision of a construction engineer (or of an
engineer acting under Article 8 or 9) a large raised reservoir shall be
inspected under this Article –
(a) within
2 years at most from the date of any final certificate for the reservoir
given by the construction engineer responsible for the construction of the
reservoir or for any alteration to it;
(b) as soon as practicable
after the carrying out of any alterations to the reservoir which do not
increase its capacity but are such as might affect its safety and which have
not been designed and supervised by a qualified civil engineer;
(c) at
any time when the supervising engineer so recommends;
(d) within 10 years at most
from the last inspection or within any less interval that may have been
recommended in the report of the inspecting engineer on the last inspection.
(3) As
soon as practicable after an inspection under this Article, the inspecting
engineer shall make a report of the result of the inspection, including in it
any recommendation the inspecting engineer sees fit to make as to the time of
the next inspection, or as to measures that should be taken in the interests of
safety.
(4) An
inspecting engineer shall consider the matters (if any) that need to be watched
by the supervising engineer during the period before the next inspection of the
reservoir under this Article, and shall include in the inspecting
engineer’s report a note of any such matters.
(5) An
inspecting engineer, when the inspecting engineer makes the inspecting
engineer’s report, shall give a certificate stating that the report does
or does not include recommendations as to measures to be taken in the interests
of safety and, if it includes a recommendation as to the time of the next
inspection, stating also the period within which the inspecting engineer
recommends the inspection should be made.
(6) Where
an inspecting engineer includes in the inspecting engineer’s report any
recommendation as to measures to be taken in the interests of safety, then
subject to any reference of the matter to an arbitrator in accordance with Article 19
the undertakers shall as soon as practicable carry the recommendation into
effect under the supervision of a qualified civil engineer; and that engineer
shall give a certificate as soon as the engineer is satisfied that the
recommendation has been carried into effect.
(7) Where
it appears to the Minister, in the case of any large raised
reservoir –
(a) that
an inspection and report thereon have not been made as required by this Article;
or
(b) that
the latest report of the inspecting engineer includes a recommendation as to
measures to be taken in the interests of safety that has not been carried into
effect as so required,
the Minister may by
written notice served on the undertakers require them –
(i) within
28 days after the notice is served to appoint a qualified civil engineer
to make a report for the purposes of this Article, and to notify the Minister
of the appointment; or
(ii) within a time specified in the notice to carry into effect
any recommendation included in a report obtained for the purposes of this Article.
(8) Where
the Minister proposes to serve a notice under paragraph (7) requiring the
undertakers to carry a recommendation into effect, the Minister shall consult a
civil engineer, being a qualified civil engineer for the purpose of supervising
under paragraph (6) the carrying into effect of the recommendation, as to
the time to be specified in the notice.
(9) For
the purposes of this Law, “independent”
when used of a civil engineer in relation to a reservoir means –
(a) that
the engineer is not in the employment of the undertakers otherwise than in a
consultant capacity; and
(b) that
the engineer was not the engineer responsible for the reservoir or any addition
to it as construction engineer, nor is connected with any such engineer as his
or her partner, employer, employee or fellow employee in a civil engineering
business.
(10) The
reference in paragraph (9) to a construction engineer includes an engineer
acting under Article 8 or 9.
(11) Where at
the commencement of this Law a large raised reservoir is in course of
construction, this Article shall from that commencement apply to that reservoir
as it applies to a large raised reservoir constructed wholly after that
commencement.
11 Monitoring of water levels, etc.
(1) For
every large raised reservoir the undertakers shall keep a record in the
prescribed form of –
(a) water
levels and depth of water, including the flow of water over the waste weir or
overflow;
(b) leakages,
settlements of walls or other works, and repairs;
(c) such
other matters as may be prescribed,
and shall install
and maintain such instruments as may be needed to provide the information to be
recorded.
(2) The
record to be kept for a reservoir under this Article shall give such
information as may be prescribed of any of the matters to be included in the
record, and shall give it at such intervals and in such manner as may from time
to time be required by any directions of the construction engineer or
inspecting engineer.
12 Supervision of large raised reservoirs
(1) At
all times when a large raised reservoir is not under the supervision of a
construction engineer, a qualified civil engineer (“supervising
engineer”) shall be employed to supervise the reservoir and keep the
undertakers advised of its behaviour in any respect that might affect safety,
and to watch that the provisions of Article 6(2) to (4) or Article 9(2)
and of Article 11 are observed and complied with and draw the attention of
the undertakers to any breach of those provisions.
(2) It
shall be the duty of the supervising engineer, so long as any matters are noted
as matters that need to be watched by the supervising engineer in any annex to
the final certificate for the reservoir or in the latest report of an
inspecting engineer, to pay attention in particular to those matters and to
give the undertakers not less often than once a year a written statement of the
action the supervising engineer has taken to do so.
(3) The
supervising engineer shall recommend to the undertakers that the reservoir be
inspected under Article 10, if at any time the supervising engineer thinks
that such an inspection is called for.
(4) Where
it appears to the Minister that a large raised reservoir is not for the time
being under the supervision either of a construction engineer or of a
supervising engineer, the Minister may by written notice served on the
undertakers require them within 28 days after the date the notice is
served to appoint a supervising engineer and to notify the Minister of the
appointment or, if the reservoir is at that date under the supervision of a
construction engineer or of a supervising engineer, to notify the Minister of
that fact.
(5) References
in this Article to a construction engineer include an engineer acting under Article 8
or 9.
13 Discontinuance of large raised reservoirs
(1) No
large raised reservoir shall be altered in order to render it incapable of
holding more than the specified capacity of water above the natural level of
any part of the land adjoining the reservoir, unless a qualified civil engineer
is employed to design or approve and to supervise the alteration.
(2) An
engineer employed for the purposes of paragraph (1) shall give a
certificate as soon as the engineer is satisfied that the alteration has been
completed and has been efficiently executed.
(3) Where
a certificate is given under paragraph (2) the Minister on receipt of the
certificate or a copy of it shall remove the reservoir from their register of
large raised reservoirs; but a reservoir that has been a large raised reservoir
but is altered so as no longer to be capable of holding more than the specified
capacity of water above the natural level of any part of the land adjoining the
reservoir shall nevertheless continue for purposes of this Law to be a large
raised reservoir, unless the alteration is made and a certificate given in
accordance with this Article.
(4) In
this Article, “specified capacity” means the capacity specified in Article 2(1)(b) in relation to a large raised reservoir.
14 Abandonment of large raised reservoirs
(1) Where
the use of a large raised reservoir as a reservoir is to be abandoned, the
undertakers shall obtain from a qualified civil engineer a report as to the
measures (if any) that ought to be taken in the interests of safety to secure
that the reservoir is incapable of filling accidentally or naturally with water
above the natural level of any part of the land adjoining the reservoir or is
only capable of doing so to an extent that does not constitute a risk.
(2) Where
the report of an engineer under this Article makes any recommendation as to
measures to be taken in the interests of safety, then subject to any reference
of the matter to an arbitrator in accordance with Article 19 the
undertakers obtaining the report shall, before the use of the reservoir as a
reservoir is abandoned or as soon as practicable afterwards, carry the
recommendation into effect; and if the recommendation involves any alteration
of the reservoir, Article 13 shall apply accordingly.
(3) The
engineer from whom a report is obtained under this Article shall give with it a
certificate stating that the report does or does not make recommendations for
measures to be taken in the interests of safety.
(4) Where
it appears to the Minister, in the case of any large raised
reservoir –
(a) that
the use of the reservoir as a reservoir has been abandoned but that a report
has not been obtained as required by this Article; or
(b) that
a report obtained under this Article includes a recommendation as to measures
to be taken in the interests of safety that has not been carried into effect as
required by this Article,
the Minister may by
written notice served on the undertakers require them–
(i) within
28 days after the notice is served to appoint a qualified civil engineer
to make a report for the purposes of this Article, and to notify the Minister
of the appointment; or
(ii) within a time specified in the notice to carry into effect
any recommendation included in a report obtained for the purposes of this Law.
(5) References
in paragraph (4), and in any other provision of this Law as it operates in
relation thereto, to the Minister or to the undertakers shall have effect as at
the time when the use of the reservoir as such is abandoned.
(6) Where
the Minister proposes to serve a notice under paragraph (4) requiring
undertakers to carry a recommendation into effect, the Minister shall consult,
as to the time to be specified in the notice, a civil engineer, who, if the
recommendation involves any alteration of the reservoir, shall be a qualified
civil engineer for the purpose of supervising the alteration under Article 13.
PART 3
ENFORCEMENT
15 Reserve powers
(1) Where
undertakers are required by a notice from the Minister under Article 8, 9,
10, 12 or 14 to appoint an engineer for any purpose of this Law and the
undertakers fail to make the appointment, the Minister may appoint an engineer
for that purpose, being a person eligible for appointment by the undertakers
and unless otherwise provided, the provisions of this Law shall apply in
relation to any person appointed under this Article and to anything done by the
person as if the person had been duly appointed by the undertakers.
(2) Where
undertakers are required by a notice from the Minister under Article 9, 10
or 14 to carry into effect any recommendation as to measures to be taken in the
interests of safety, and the undertakers fail to comply with that requirement,
the Minister may cause the recommendation to be carried into effect under the
supervision of a qualified civil engineer appointed by the Minister, who shall
give a certificate as soon as the engineer is satisfied that the recommendation
has been carried into effect.
(3) Where
the Minister is unable after reasonable enquiry to ascertain the name or
address of the undertakers for any large raised reservoir, then for the
purposes of this Article a notice relating to the reservoir shall be deemed to
have been duly served on the undertakers if it has been left in the hands of a person
who is or appears to be resident or employed at the reservoir or if it has been
left conspicuously affixed to some building or object at the reservoir.
(4) Where
the Minister makes any appointment under paragraph (1) or exercises powers
conferred by paragraph (2), the undertakers shall pay the amount of the
expenses reasonably incurred by the Minister by reason of the appointment or,
as the case may be, in the exercise of those powers.
16 Emergency
powers
(1) Where
it appears to the Minister, in the case of any large raised reservoir, that the
reservoir is unsafe and that immediate action is needed to protect persons or
property against an escape of water from the reservoir, the Minister may take
at the reservoir such measures as the Minister considers proper to remove or
reduce the risk or to mitigate the effects of an escape.
(2) Where
it appears to the Minister, in the case of any large raised reservoir, that the
use of the reservoir as a reservoir has been abandoned, but that there may from
time to time be an undue accumulation of water there and immediate action is
needed to protect persons or property against an escape of water, the Minister
may take there such measures as the Minister
considers proper to remove or reduce the risk or to mitigate the effects of an
escape.
(3) Where
the Minister proposes to exercise the powers conferred by this Article the
Minister shall appoint a qualified civil engineer to make recommendations as to
the measures to be taken in exercise of those powers; and any measures so taken
shall be carried into effect under the supervision of a qualified civil
engineer appointed by the Minister.
(4) Subject
to paragraph (5), when the Minister exercises or proposes to exercise at a
reservoir the powers conferred by this Article the Minister shall, as early as
practicable, serve on the undertakers a notice giving full information of the
measures that are being or are to be taken in the exercise of those powers; and
if that notice cannot be given before the work is begun, the Minister shall
notify the undertakers as early as practicable thereafter.
(5) Paragraph (4)
shall not require the Minister to serve any notice on the undertakers after
work is begun at the reservoir, if the Minister is unable after reasonable
enquiry to ascertain the name or address of the undertakers; and in relation to
notices served before work is begun Article 15(4) shall apply for the
purposes of this Article as it applies for the purposes of that.
(6) Where
the Minister exercises the powers conferred by this Article, the undertakers
shall pay the Minister the amount of the expenses reasonably incurred by the
Minister in the exercise of those powers.
(7) For
the purposes of paragraph (2) references in this Article and in any other
provision of this Law as it operates in relation thereto, to the Minister or to
the undertakers shall have effect as at the time when the use of the reservoir
as such is abandoned.
17 Powers
of entry
(1) Subject
to the following provisions of this Article a person duly authorized by the Minister
may at any reasonable time enter upon the land on which a reservoir is
situated –
(a) for the purpose of
carrying out any survey or other operation needed to determine whether the
reservoir is a large raised reservoir or is being constructed or altered so as
to be one, whether the reservoir being a large raised reservoir is being
altered so as to increase its capacity, or whether the reservoir is or is not
in use as a reservoir;
(b) for the purpose of
carrying out any survey or other operation needed to determine whether any
recommendation as to measures to be taken in the interests of safety has been
carried into effect as required by Article 9, 10 or 14 or what period
should be specified in a notice under Article 9, 10 or 14 requiring the
undertakers to carry such a recommendation into effect;
(c) for the purpose of
carrying out any inspection of the reservoir that the person has been appointed
under Article 15(1) to carry out, or any survey or other operation needed
for the purpose of a report that the person has been appointed under Article 15(1)
to make;
(d) for
any purpose connected with the carrying into effect under Article 15(2) of
a recommendation as to measures to be taken in the interests of safety;
(e) for
the purpose of carrying out any survey or other operation needed to determine
whether any or what measures should be taken under Article 16, or for any
purpose connected with the carrying into effect of any measures taken under
that Article.
(2) Where
the entry is for a purpose within paragraph (1)(e),
the power to enter upon the land on which a reservoir is situated shall extend
also to any neighbouring land.
(3) Where
the use of a large raised reservoir as a reservoir is abandoned, paragraph (1)
(so far as material) shall continue to apply in relation to the site of the
reservoir as land on which a reservoir is situated; and for this purpose
references in paragraph (1), and in any other provision of this Law as it
operates in relation thereto, to the Minister or to the undertakers shall have
effect as at the time when the use of the reservoir as such is abandoned.
(4) Except
for a purpose within paragraph (1)(e), a person may not under this Article
demand admission as of right to any land that is occupied, unless at least 7
days’ notice in writing of the intended entry has been given to the
occupier or the entry is authorized by a warrant granted under paragraph (6).
(5) A
notice under paragraph (4) shall specify the purpose for which entry is
required and shall indicate so far as practicable the nature of any works to be
executed on the land.
(6) If
it is shown to the satisfaction of the Bailiff on information on
oath –
(a) that admission to any
land on which any person is entitled to enter under this Article has been
refused to that person, or that a refusal is apprehended, or that the occupier
is temporarily absent; and
(b) that
there is reasonable ground for entry on to the land for the purpose for which
entry is required,
the Bailiff may by warrant under the Bailiff’s hand authorize
that person to enter on the land, if need be by force; but such a warrant shall
not be issued on the ground that entry has been refused or that a refusal of
entry is apprehended unless the Bailiff is satisfied that notice in writing of
the intention to apply for a warrant has been given to the occupier.
(7) Every
warrant granted under this Article shall continue in force until the purpose
for which the entry is required has been satisfied.
(8) A person
duly authorized to enter on any land by virtue of this Article shall, if so
required, produce evidence of the person’s authority before so entering
and may take with him or her on to the land such other persons and such
equipment as may be necessary.
(9) Any
person who wilfully obstructs a person entitled to enter on land by virtue of
this Article shall be liable to a fine not exceeding level 2 on the
standard scale.
18 Compensation
to third parties for damage or disturbance
(1) Where
in the exercise in relation to any reservoir of powers conferred by Article 17 –
(a) any
land on which entry is made and which is not in the occupation of the
undertakers is damaged; or
(b) any
person is disturbed in his or her enjoyment of any such land,
any person interested
in the land which is damaged or, as the case may be, the person whose enjoyment
of the land is disturbed shall be entitled to receive compensation from the
Minister in respect of the damage or disturbance.
(2) Any
dispute as to a right to compensation under this Article or as to the amount of
any such compensation shall be referred to and determined by 2 arbitrators
one of whom shall be appointed by the Minister and the other by the person
claiming the compensation, save that if an arbitrator is not appointed by the person
claiming the compensation, then the arbitrator shall be nominated by the
Minister and any arbitrator so nominated shall be deemed to be the arbitrator
appointed by the person claiming the compensation.
(3) Arbitrators
appointed under paragraph (2) shall, before commencing to determine any
matter referred to them under this Article nominate an umpire who shall
determine the matter if the arbitrators disagree.
(4) The
arbitrators or umpire, as the case may be, may refer to the Court any question
of law or of law mixed with fact arising in connection with the matter referred
to the arbitrators or umpire.
(5) Subject
to paragraph (4) the decision of the arbitrator or of the umpire, as the
case may be, shall be final.
(6) Compensation
payable under this Article by the Minister shall for the purpose of recovery
from the undertakers be treated as an expense incurred in the exercise of the
powers conferred by Article 16.
PART 4
Supplementary
19 Reference
of disputed recommendations to arbitrator
(1) Where –
(a) an
inspecting engineer includes in the inspecting engineer’s report
recommendations as to measures to be taken in the interests of safety or as to
the time of the next inspection; or
(b) an
engineer acting under Article 8, 9 or 14 includes in the engineer’s
report recommendations as to measures to be taken in the interests of safety,
the undertakers if
aggrieved by any recommendation may, in accordance with this Article, refer
their complaint to an arbitrator.
(2) An
arbitrator under this Article shall be an independent qualified civil engineer
appointed by agreement between the undertakers and the engineer making the
recommendation complained of, or in default of their agreement shall be a person
appointed by the Judicial Greffier.
(3) An
arbitrator under this Article, after investigating the complaint, shall have
power to make such modifications as the arbitrator thinks fit in the report
containing the recommendation complained of, and the report shall for the
purposes of this Law have effect accordingly.
(4) An
arbitrator under this Article, when the arbitrator gives the arbitrator’s
decision on a report, shall also give a certificate stating that the decision
does or does not modify the report, and (if necessary in consequence of any
modification) revising accordingly any certificate given with reference to the
report by the engineer making the report.
(5) The
States may by Regulations make provision as to the time within which and the
manner in which a request for the appointment of an arbitrator under this Article
may be made to the Judicial Greffier as to the
procedure before the arbitrator and as to the costs of the proceedings before,
and investigation by, the arbitrator (including the remuneration of the
arbitrator) so however that these costs (including the remuneration of the
arbitrator) shall be paid by the undertakers.
20 General
provisions as to reports, certificates etc. of engineers
(1) Any
report or certificate of an engineer acting for any purpose of this Law,
including an arbitrator under Article 19, shall be in the prescribed form.
(2) Any
such report or certificate, unless the engineer in question is appointed to act
by the Minister, shall be delivered to and kept by the undertakers.
(3) Any
such report or certificate where the engineer in question is appointed to act
by the Minister shall be delivered to the Minister but a copy of it shall be
sent by the engineer at the same time to the undertakers and shall be kept by
them.
(4) Where
any document to which this paragraph applies is delivered by the engineer in
question to the undertakers, the engineer shall within 28 days after the engineer
delivers it to the undertakers send a copy of it to the Minister.
(5) The
documents to which paragraph (4) applies are –
(a) any
certificate of an engineer acting for any purpose of this Law;
(b) any report made by an
inspecting engineer or an engineer acting for purposes of Article 14 and
stated in the engineer’s certificate to include a recommendation as to
measures to be taken in the interests of safety, and any report made by an
engineer acting under Article 8 or 9;
(c) any
decision of an arbitrator under Article 19 modifying any such report as is
mentioned in sub-paragraph (b);
(d) any
written explanation given by a construction engineer to the undertakers of the
engineer’s reasons for deferring the issue of the engineer’s final
certificate;
(e) any
advice given by a supervising engineer to the undertakers which
either –
(i) recommends them to have the reservoir inspected under Article 10
or to take any other action, or
(ii) draws their attention to a breach of any provision of Article 6(2) to (4), 9(2) or
11.
21 Duty of undertakers to furnish information
(1) Where
undertakers intend –
(a) to
construct a large raised reservoir (whether as a new reservoir or by alteration
of an existing reservoir that is not a large raised reservoir), or to alter a
large raised reservoir so as to increase its capacity; or
(b) to
bring a large raised reservoir back into use as a reservoir after that use has
been abandoned,
the undertakers
shall serve notice of their intention, giving the prescribed information, on
the Minister.
(2) A
notice under paragraph (1) shall be served not less than 28 days
before any work on the construction or alteration of the reservoir is begun or,
if the case is within paragraph (1)(b) and the
reservoir is to be brought back into use without alteration, not less than 28 days
before it is brought back into use.
(3) Where
the use of a large raised reservoir as a reservoir is abandoned, the
undertakers shall within 28 days notify the Minister in writing.
(4) Whenever
a person is appointed to be, or ceases to be, supervising engineer for a large
raised reservoir, the undertakers shall within 28 days notify the Minister
in writing; and the notice of an appointment shall include the date on which
the appointment will take effect, if it has not done so.
(5) On
the appointment of an inspecting engineer for a large raised reservoir the
undertakers shall within 28 days notify the Minister in writing of the
appointment.
(6) The
supervising engineer and every inspecting engineer for a large raised
reservoir, and any civil engineer employed by the undertakers for purposes of Article 8,
9, 10(6) or 14 or appointed by the Minister under Article 15(2) or 16(3),
shall be afforded by the undertakers all reasonable facilities for the effective
performance of the engineer’s functions; and the undertakers shall
furnish the engineer –
(a) with
the statutory record required to be kept for the reservoir;
(b) with
copies of any statutory certificates relating to the reservoir, with their
annexes (if any);
(c) with
copies of the reports made by inspecting engineers on any statutory inspection
of the reservoir; and
(d) with
such further information and particulars as the engineer may require.
(7) In
this Article, “statutory” refers to matters provided for by this Law.
22 Criminal liability of undertakers and their employees
(1) If –
(a) by the wilful default
of the undertakers any of the provisions of Article 6, 8(3), 9(1) to (3), 10(1)
or (6), 11, 12(1), 13, or 14(1) or (2) is not observed or complied with in
relation to a large raised reservoir; or
(b) the
undertakers fail to comply with a notice from the Minister under
Article 8, 9, 10, 12 or 14,
then unless there
is reasonable excuse for the default or failure, the undertakers shall be
guilty of an offence and liable to a fine.[3]
(2) If,
in the case of any large raised reservoir, the undertakers fail without
reasonable excuse to give the Minister in due time any notice required by this Law
to be given by them to the Minister, the undertakers shall be guilty of an
offence and liable to a fine not exceeding level 3 on the standard scale.
(3) If,
in the case of any large raised reservoir, the undertakers or persons employed
by them without reasonable excuse refuse or knowingly fail to afford to any person
the facilities required by Article 21(6) or to furnish to any person the
information and particulars so required, the undertakers shall be guilty of an
offence and liable to a fine not exceeding level 3 on the standard scale.
(4) If
for the purposes of Article 21(6) a person makes use of any document or
furnishes any information or particulars which the person knows to be false in
a material respect, or recklessly makes use of any document or furnishes any
information or particulars which is or are false in a material respect, the person
shall be guilty of an offence and liable to a fine.[4]
(5) Where
an offence committed by a body corporate under this Article is proved to have
been committed with the consent or connivance of any director, manager,
secretary or other similar officer of the body corporate, or any person who was
purporting to act in any such capacity, the person as well as the body
corporate shall be guilty of that offence, and shall be liable to be proceeded
against and punished accordingly.
(6) Where
the affairs of a body corporate are managed by its members, this Article shall
apply in relation to the acts and defaults of a member in connection with the
member’s functions of management as if the member were a director of the
body corporate.
23 Civil liability of undertakers
Where damage or injury is caused by the escape of water from a large
raised reservoir constructed after the commencement of this Law under statutory
powers granted after that commencement, the fact that the reservoir was so
constructed shall not exonerate the undertakers from any action or proceedings
to which they would otherwise have been liable.
PART 5
MISCELLANEOUS AND FINAL
PROVISIONS
24 Notification to the Minister of existing reservoirs
Where a large raised reservoir has been constructed before, or is in
course of construction at, 1st March 1997, the undertakers shall, not later
than 3 months after the date of that commencement, give to the Minister
notice of the situation of the reservoir and of the name and address of the
undertakers.
25 Inspection of existing reservoirs
(1) It
shall be the duty of the undertakers to have any large raised reservoir
constructed before the date of the commencement of this Law inspected by an
independent qualified civil engineer within 2 years after that date, or if
the Minister is satisfied that special circumstances exist in any particular case,
within such longer period not exceeding 5 years after that date as the
Minister may specify.
(2) Article 10(3)
to (10) shall have effect, mutatis mutandis,
for the purposes of an inspection under this Article.
(3) Subsequent
inspections of such reservoirs shall be made in accordance with Article 10.
26 Reservoirs in course of construction or alteration
(1) Subject
to paragraphs (2) and (3), where at the commencement of this Law a large
raised reservoir is in course of construction or is in course of being altered
so as to increase its capacity, Articles 6 to 8 shall from that
commencement apply as they apply in the case of a construction or alteration
carried out wholly after that commencement.
(2) If
in a case to which paragraph (1) applies 5 years have elapsed since the
issue of a preliminary certificate for the reservoir or the addition to it, as
the case may be, Article 7(4) shall apply with the substitution of a
reference to the commencement of this Law for the reference to the end of 5
years after a preliminary certificate is first issued.
(3) If
in a case to which paragraph (1) applies there is at the commencement of
this Law no qualified engineer responsible for the reservoir or addition as
construction engineer, the undertakers shall appoint a qualified civil engineer
for the purposes of Article 8 without being required by a notice from the
Minister; and if they fail to do so within 6 months after the date of the
commencement of this Law, Article 15 and Article 22(1) shall apply as
if the undertakers had been served with a notice under Article 8 so as to
require them to make the appointment by the end of those 6 months.
27 Compliance with other enactments
Nothing in this Law shall relieve undertakers from any obligation to
obtain any authorization, consent or permission under any other enactment in
respect of the construction, alteration or use of any reservoir.
28 Service of notices
(1) This
Article shall have effect in relation to any notice or other document required
or authorized by or under this Law to be given to or served on any person.
(2) Any
such document may be given to or served on the person in question –
(a) by
delivering it to the person;
(b) by
leaving it at the person’s proper address; or
(c) by
sending it by post to the person at that address.
(3) Any
such document may –
(a) in the case of a
company, be given to or served on the secretary, clerk or other similar officer
of the company or any person who purports to act in any such capacity, by
whatever name called;
(b) in
the case of a partnership, be given to or served on a partner or a person
having the control or management of the partnership business.
(4) For
the purposes of this Article and Article 7 of the Interpretation (Jersey) Law 1954[5] in its application to this Article
the proper address of any person to or on whom a document is to be given or
served shall be the person’s last known address, except that –
(a) in the case of a
company or its secretary, clerk or other officer or person referred to in paragraph (3)(a),
it shall be the address of the registered or principal office of the company;
(b) in
the case of a partnership or a person having the control or management of the
partnership business, it shall be that of the principal office of the
partnership,
and for the
purposes of this paragraph the principal office of a company registered outside
Jersey or of a partnership carrying on business outside Jersey shall be their
principal office within Jersey.
(5) If
the person to be given or served with any document mentioned in paragraph (1)
has specified an address within Jersey other than the person’s proper
address within the meaning of paragraph (4) as the one at which the person
or someone on the person’s behalf will accept documents of the same
description as that document, that address shall also be treated for the
purpose of this Article and Article 7 of the Interpretation (Jersey) Law 1954 as the
person’s proper address.
29 Orders
(1) The
Minister may by Order make provision for the purpose of carrying this Law into
effect and in particular, but without prejudicing the generality of the
foregoing, for prescribing any matter which may be prescribed by this Law.
(2) An
Order made under this Law may –
(a) make
different provision in relation to different cases or circumstances;
(b) contain
such incidental, supplemental or transitional provisions or savings as the
Minister may consider necessary or expedient.
(3) The
Subordinate Legislation (Jersey)
Law 1960[6] shall apply to Orders made
under this Law.
30 Rules of Court
The power to make Rules of Court under the Royal Court (Jersey) Law 1948[7] shall include a power to
make Rules for the purposes of this Law and proceedings thereunder.
31 Citation
This Law may be cited as the Reservoirs (Jersey) Law 1996.