Water Pollution
(Jersey) Law 2000[1]
A LAW to provide for the control of
pollution in Jersey waters, and the implementing of provisions of the
Convention for the Protection of the Marine Environment of the North-East
Atlantic concluded in Paris on 22nd September 1992; the monitoring and the
classification of waters; the setting of quality objectives for classified
waters; administrative, regulatory, preventive and remedial measures; and
related purposes
Commencement
[see endnotes]
PART 1
INTRODUCTORY
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“approved” means approved in writing by the
Minister;
“approved code of practice” means a code of
practice that is approved by the Minister by an Order made under Article 16;
“best environmental practice” has the same
meaning as it has in the Convention;
“best techniques” has the same meaning as it
has in the Convention;
“business” includes any trade, industrial or
commercial activity or profession;
“certificate of confidentiality” means a
certificate of confidentiality granted under Article 41;
“clean technology” has the same meaning as
it has in the Convention;
“Company” means the Jersey New Waterworks
Company Limited, as defined in Article 1(1) of the Water (Jersey) Law 1972;[2]
“conform to”, when referring to an approved
code of practice –
(a) in the case of an act, means to do that act
in accordance with the code; and
(b) in the case of an omission, means to make
that omission in accordance with the code;
“contravene”, when used in respect of a person
who must comply with a requirement in or under this Law, includes to fail to
comply;
“Convention” means the Convention for the
Protection of the Marine Environment of the North-East Atlantic concluded in
Paris on 22nd September 1992;
“Court” means the Royal Court;
“designated officer” means a person
appointed under Article 29 as a designated officer;
“discharge certificate” means a discharge
certificate in writing that is issued by the Minister under Article 26 and
is in effect;
“discharge permit” means a discharge permit
in writing that is granted by the Minister under Article 21 and is in
effect;
“energy” has the same meaning as it has in
the Convention;
“hovercraft” means a vehicle that is
designed to be supported, when in motion, wholly or partly by air expelled from
the vehicle to form a cushion of which the boundaries include the ground, water
or other surface beneath the vehicle;
“land” –
(a) includes any house, building or premises;
and
(b) also includes land under water;
“micro-organism” includes any microscopic,
biological entity that is capable of replication;
“Minister” means the
Minister for the Environment;
“monitor”, when referring to controlled
waters, includes to measure from time to time –
(a) the quality of controlled waters and their sediments
and biota;
(b) activities, and additions to and inputs into
controlled waters, that affect or may affect the quality of controlled waters;
and
(c) the effects on controlled waters of those
activities, additions and inputs;
“persistency” has the same meaning as it has
in the Convention;
“prescribed” means prescribed by an Order
made under this Law;
“public sewer” –
(a) means a public sewer or public outfall as
defined in Article 1(1) of the Drainage (Jersey) Law 2005;[3] and
(b) also means any works that are vested in or
maintained by the Minister for Infrastructure in his or her capacity as the
sewerage undertaker for Jersey, and relate to the reception, handling,
conveying, treatment or disposal of sewage;
“records” includes computer records and records
kept otherwise than in documents;
“representation” includes an objection;
“slimicides” has the same meaning as it has
in the Convention;
“stream” includes any brook, canal, culvert,
ditch, lavoir, sluice or spring;
“substance” –
(a) includes any matter whatever (whether it is
in solid or liquid form, or is in the form of gas or vapour, or is radioactive
matter or is natural or artificial); and
(b) also includes any micro-organism;
“suspend”, when referring to a discharge
permit or a discharge certificate, means to suspend its effect;
“transboundary significance” has the same
meaning as it has in the Convention;
“vary”, when referring to a discharge permit
or discharge certificate, includes to vary any condition of the permit or
certificate;
“Water Management Area” means a geographical
area designated by a Water Management Order;
“Water Management
Order” means an Order made under Article 14(1);
“Water Quality Order” means an Order to
which Article 12 refers.[4]
(2) In
this Law, references to the Minister for Infrastructure in his or her capacity
as the sewerage undertaker for Jersey are references to the Minister for
Infrastructure in that capacity by reason of Article 2 of the Drainage
(Jersey) Law 2005[5].[6]
2 Meaning of “controlled waters”
(1) In
this Law, unless otherwise provided, “controlled
waters” means –
(a) the territorial sea adjacent to Jersey;
(b) coastal waters, being waters that are within
the area that extends landward, from the baselines from which the breadth of
the territorial sea is measured, as far as the limit of the highest tide;
(c) inland waters, being the waters of lakes,
marshlands, ponds, reservoirs, streams, surface water sewers, surface water
drains and wetlands (whether in any such case they are natural or artificial,
or above or below the ground), and not being coastal waters; and
(d) groundwater, being water that is below the
surface of the ground, in the saturation zone and in direct contact with the
ground or with the subsoil.[7]
(2) “Controlled
waters” does not mean –
(a) lawful foul sewers;
(b) drains that drain into lawful foul sewers;
or
(c) waters that are within mains or other pipes
owned or used by the Jersey New Waterworks Company Limited, having been treated
for the purposes of supply.
(3) “Controlled
waters” does not mean any artificial inland waters in respect of which
each of the following conditions is fulfilled, namely –
(a) that they are constructed so that water does
not pass between them and controlled waters;
(b) that they are not owned by the Company; and
(c) that they are not used by the Company,
but this paragraph is subject to Article 3.
(4) This
Law also applies to –
(a) the foreshore, being the land that lies
between the limits of the highest and lowest tides; and
(b) the bottoms, beds and channels of controlled
waters that are inland waters, whether or not they are for the time being dry,
as it applies to controlled
waters.
3 Extension of controlled waters
(1) The
States may by Regulations declare that any artificial inland waters described
in Article 2(3) shall be controlled waters for the purposes of this Law.
(2) The
Regulations may provide that those waters shall be controlled
waters –
(a) for the purposes of the whole of this Law;
or
(b) for the purposes of such provisions of this Law
as are specified in the Regulations.
4 Meaning of “pollution”
(1) In
this Law, “pollution” includes
the introduction directly or indirectly into controlled waters of any
substance, or energy, where its introduction results or is likely to result
in –
(a) a hazard to human health or water supplies;
(b) harm to any living resource or aquatic
ecosystem;
(c) damage to any amenity; or
(d) interference with any legitimate use of
controlled waters,
and whether or not its
introduction is or would be the only contributing factor to that hazard, harm,
damage or interference.[8]
(2) However,
“pollution” does not include a discharge by the Minister or by a
person acting on his or her behalf, for the purposes of the exercise of a
regulatory power or the performing of a regulatory duty under this Law.[9]
PART 2
ADMINISTRATION
5 General objectives of Minister
(1) In
carrying out his or her functions under this Law, the Minister shall have as
the Minister’s general objectives the maintenance and improvement of the
quality of water in and around Jersey by the prevention, control, reduction and
elimination of the pollution of controlled waters.
(2) In
carrying out his or her functions under this Law, the Minister shall also seek
to promote the conservation and enhancement of the natural beauty and amenity
of controlled waters, their use for recreational purposes and the conservation
of flora and fauna that are dependent on an aquatic environment.
6 Operating considerations
(1) In
carrying out his or her functions under this Law the Minister shall have
regard, as far as is reasonably practicable, to the following considerations –
(a) the best techniques that are for the time
being available and the best environmental practice that is for the time being
recognized (including, where appropriate, clean technology);
(b) a precautionary principle in respect of
pollution, by which if there are reasonable grounds for concern that the
introduction of anything into controlled waters may cause pollution, the
Minister takes preventive measures in anticipation of the risk, whether or not
there is conclusive evidence of a causal relationship between such an
introduction and its effects; and
(c) a cost principle in respect of pollution, by
which the costs of preventing, controlling, reducing and eliminating pollution
are borne by the persons who cause or knowingly permit it.
(2) In
carrying out his or her functions under this Law, the Minister shall also have
regard to the obligations imposed on the Company by the Water (Jersey) Law 1972[10] to supply wholesome water for human consumption and use.
7 Gathering of information
For the purposes of carrying out
his or her functions under this Law, the Minister shall –
(a) monitor
controlled waters, and the extent to which this Law is being complied with; and
(b) undertake
continuing scientific and technical research and have regard to the latest
developments in technology.
8 Dissemination of information
(1) The
Minister shall publish reports of his or her activities under this Law.
(2) The
Minister shall also make available the information in the Minister’s
possession that is relevant to the following matters under this Law –
(a) reports published under paragraph (1);
(b) representations made to the Minister under Article 10(5)
or (7);
(c) Water Quality Orders;
(d) Water Management Areas and Water Management
Orders;
(e) approved codes of practice;
(f) applications for and the grant,
variation, transfer, suspension and revocation of discharge permits;
(g) information obtained by the Minister in
consequence of the requirements of conditions of permits;
(h) proposals for and the issue, variation,
suspension and revocation of discharge certificates;
(i) the results of analyses of samples
taken by the Minister;
(j) notices served by the Minister in the
exercise of the Minister’s powers under any of Articles 34, 35, 36
and 37;
(k) the results of civil and criminal
proceedings instituted under this Law;
(l) in respect of certificates of
confidentiality, the information to which Article 43 refers; and
(m) any other matters relating to the state of
controlled waters or activities, or measures, that affect or are likely to
affect controlled waters or are undertaken under this Law,
but this paragraph is subject to paragraph (6).[11]
(3) The
information shall be available for inspection by any person during reasonable
office hours, as soon as possible after it is requested and in any event within
28 days.
(4) The
Minister shall also provide facilities for copying the information.
(5) The
Minister may by Order prescribe reasonable charges for providing information
and facilities for copying under this Article.
(6) The
Minister may refuse to make available under this Article any information
specified in Schedule 1.
(7) Where
the Minister refuses any request for information under this Article, the
Minister shall give the applicant a statement in writing of his or her reasons.
(8) The
States may by Regulations amend Schedule 1.[12]
(9) This
Article is subject to Article 42.
9 Consultation with other persons[13]
(1) Before
proceeding on any proposal to make a Water Quality Order –
(a) the
Minister shall consult the Minister for Health and Social Services and the
Company; and
(b) the
Minister shall also consult such other Ministers, and other persons, as he or
she considers appropriate.
(2) Before
proceeding on –
(a) any
proposal to make a Water Management Order;
(b) any
proposal to approve a code of practice under Article 16; or
(c) any
proposal to prescribe charges under Article 28,
the Minister shall consult such other Ministers, and other persons,
as he or she considers appropriate.[14]
10 Public notice of proposals
(1) Before
the Minister proceeds on any of the following proposals, namely –
(a) a proposal to make a Water Quality Order;
(aa) a proposal to make a Water Management Order;
(b) an application for the grant or variation of
a discharge permit;
(c) a proposal by the Minister of his or her own
motion to vary a permit; or
(d) a proposal by the Minister for the issue or
variation of a discharge certificate,
the Minister shall comply with
the requirements of this Article.[15]
(2) The
Minister shall publish a notice in the Jersey Gazette –
(a) stating that a copy of the proposal will be
available for inspection free of charge at a place specified in the notice;
(b) specifying the period for which it will be
available for inspection (being a period of not less than 21 days
beginning after the notice is published in the Jersey Gazette);
(c) specifying times, during reasonable office
hours, when it may be inspected; and
(d) explaining that anyone may make
representations in writing to the Minister in respect of the proposal at any
time before the expiry of the 7 days following the period for inspection,
and the Minister shall make a
copy of the proposal available accordingly for inspection.
(3) In
the case of –
(a) an application for the grant or variation of
a discharge permit; or
(b) a proposal by the Minister of his or her own
motion to vary a permit,
where the Minister is satisfied
on reasonable grounds that the introduction to which the proposal relates does
not have and is not likely to have any appreciable adverse effect on the
aquatic environment, the Minister need not comply with paragraph (2).[16]
(4) In
the case of an application for the grant or variation of a discharge permit, or
of a proposal by the Minister of his or her own motion to vary a permit or to
issue or vary a discharge certificate –
(a) the Minister shall send a copy of the
proposal to the Minister for Health and Social Services; and
(b) the Minister shall also send copies to such
other Ministers, and other persons, as he or she considers appropriate.[17]
(5) Any
person who wishes to make representations in respect of the proposal may do so
by delivering them in writing to the Minister –
(a) at any time before the expiry of the 7 days
following the period for inspection; or
(b) within 21 days after receiving under paragraph (4)
a copy of the proposal,
whichever is the later date.
(6) If
a person who delivers such representations wishes to have the
right –
(a) under Article 26, to apply to the Court
to review a decision made by the Minister in respect of a discharge
certificate; or
(b) under Article 44, to be given notice of
an appeal,
the person shall also provide in
writing, to the Minister, an address for service in Jersey.
(7) In
the case of an application for the grant or variation of a discharge permit, or
of a proposal by the Minister of his or her own motion to vary a
permit –
(a) the Minister shall serve on the applicant or
holder copies of all representations made by other persons under paragraph (5)
in respect of the proposal; and
(b) the applicant or holder may deliver to the
Minister representations in writing in reply, within 14 days after being
served.[18]
(8) The
Minister –
(a) shall not proceed to determine the proposal
until the time limits for making representations under this Law have elapsed; and
(b) in determining the proposal, shall consider
all representations made under this Law in respect of the proposal.
(9) In
this Article, “proposal” includes –
(a) the information and any representations
supporting the proposal; and
(b) in the case of a proposal by the Minister of
his or her own motion to vary a discharge permit, all written representations
made by the holder of the permit under Article 23(2) in respect of the
proposal.[19]
11 Provision of services
The Minister may by agreement with
any other person –
(a) provide
services, facilities and materials to that person for the purposes of this Law;
and
(b) charge
for doing so.
PART 3
WATER QUALITY
12 Water Quality Orders
(1) For
the purposes of carrying out his or her functions under this Law, the Minister
may by Order (a “Water Quality Order”) –
(a) identify and classify controlled waters
according to the uses to which they are being lawfully put or may in future be
lawfully put and their amenity;
(b) set objectives to be achieved in respect of
their quality for such uses and amenity; and
(c) specify any period of time for which the
Order shall have effect.
(2) In
setting objectives, the Minister may specify in a Water Quality
Order –
(a) standards of quality to be achieved;
(b) methods and dates by which the objectives
shall be achieved; and
(c) monitoring programmes in respect of the
objectives.
(3) In
exercising his or her powers under this Article, the Minister shall have regard
(as far as they are relevant to the purposes of this Law) to the state of the
controlled waters, including –
(a) the substances that are present in them and
the concentrations of those substances; and
(b) substances that are absent from the waters.
(4) In
this Article, “use” includes use for any agricultural purpose,
bathing, boating, fishing for pleasure, fishing for profit, any industrial
purpose, any other recreational purpose and the supply of water.
13 Compliance with water quality objectives
While a Water Quality Order remains
in force in respect of any controlled waters –
(a) the
Minister shall carry out his or her functions under Articles 14
and 16, and Parts 5 and 6, in a manner that ensures as far as is
reasonably practicable that the objectives set by the Order are achieved; and
(b) the
Company shall, to the extent that it may do so under the Water (Jersey) Law 1972,[20] carry out its functions under that Law in a manner that ensures as
far as is reasonably practicable that those objectives are achieved.[21]
14 Water Management Orders[22]
(1) The
Minister may by an Order known as a “Water Management
Order” –
(a) designate
all or any land in Jersey to be part of one or more geographical areas for the
purposes of this Law, to be known as ‘Water Management Areas’; and
(b) impose
in respect of –
(i) a Water
Management Area, or
(ii) any part of such
an Area,
restrictions and requirements on business activities or operations
for the prevention, control, reduction or elimination of pollution in
controlled waters or of the risk of pollution in controlled waters.
(2) However,
the restrictions and requirements that the Minister may impose in a Water
Management Order must consist of or relate to any of the following –
(a) the
importation, sale or purchase of fertilizers;
(b) the
storage of fertilizers;
(c) measures
concerned with or that implement the planning, and management of the use of
fertilizers;
(d) the
calibration of equipment to be used for the application of fertilizers;
(e) the
application or use of fertilizers on land, including the permitted
concentration of fertilizers, the times of the year when fertilizers may be
used and any geographical, terrestrial or meteorological conditions affecting
their use;
(f) the
establishing of protection zones in the vicinity of controlled waters where the
application or use of fertilizers may be restricted or prohibited;
(g) soil
management measures;
(h) the
training of individuals involved in any relevant matter;
(i) the
keeping of adequate records to be available for inspection by the Minister in
relation to any relevant matter; or
(j) the
making of returns to the Minister in respect of any relevant matter.
(3) The
States may by Regulations amend paragraph (2) so as to amend any matter to
which a restriction or requirement must consist of or relate to.
(4) In
this Article –
“fertilizer” means a chemical or natural substance that
is added to soil to improve its productivity;
“relevant matter” means a matter mentioned in
paragraph (2)(a) to (g).
15 Contravention of
Water Management Orders[23]
(1) A
person who intentionally contravenes a Water Management Order is guilty of an
offence and liable to imprisonment for 2 years and to a fine.
(2) Where
a person is charged with an offence under paragraph (1) it shall be a
defence for the person to prove that he or she took all reasonable precautions
and exercised due diligence to avoid the commission of the offence.
(3) For
the purposes of paragraph (2) –
(a) the fact that a person conforms in a
material way to an approved code of practice is admissible as evidence that the
person is conducting himself or herself reasonably and with due diligence in
that way; and
(b) the fact that a person fails in a material
way to conform to an approved code of practice is admissible as evidence that the
person is not conducting himself or herself reasonably and with due diligence
in that way.
16 Approved codes of practice
(1) The
Minister may by Order approve any code of practice for the purposes of this Law.
(2) In
exercising his or her powers under paragraph (1), the Minister shall have
regard to the desirability of –
(a) the provision of practical guidance to
persons engaged in activities (including, in particular, agricultural and
related activities) that may affect the quality of controlled waters; and
(b) the promotion and encouragement of good
practices by such persons for preventing, controlling, reducing or eliminating
the pollution of controlled waters.
PART
4
POLLUTION
OFFENCES
17 Pollution
offences[24]
(1) Any
person who causes or knowingly permits the pollution of any controlled waters
shall be guilty of an offence and –
(a) if
the person is a Minister (whether or not he or she is the Minister for the
Environment), liable to a fine; or
(b) in
any other case, liable to imprisonment for a term not exceeding 2 years or to a
fine, or both.[25]
(2) Where –
(a) the
Minister for Infrastructure in his or her capacity as the sewerage undertaker
for Jersey receives anything into a public sewer,
(b) it
passes subsequently from any public sewer into controlled waters, and
(c) its
introduction into controlled waters constitutes pollution,
he or she shall be guilty of an offence and liable to a fine.[26]
(3) Any
person who, being the holder of a discharge permit, contravenes any condition
of the permit shall be guilty of an offence and –
(a) if
the person is a Minister, liable to a fine; or
(b) in
any other case, liable to imprisonment for a term not exceeding 2 years or to a
fine, or both.
(4) Where
the Minister contravenes any condition of a discharge certificate, he or she
shall be guilty of an offence and liable to a fine.
18 Statutory defences
(1) Where
a person is charged with an offence under Article 17(1) or (2), it shall
be a defence to prove that in doing any act or making any omission that is a
necessary ingredient of the offence the person was acting in accordance with a
discharge permit or discharge certificate.
(2) Where
a person (other than the Minister for Infrastructure) is charged with an
offence under Article 17(1) by reason only of the introduction into a
public sewer of anything that passes subsequently into controlled waters, it
shall be a defence to prove that the Minister for Infrastructure was bound
(either unconditionally or subject to conditions that were observed) to receive
it into the sewer.[27]
(3) Where
the Minister for Infrastructure is charged with an offence under Article 17(2)
or (3) by reason of the introduction of anything into controlled waters, it
shall be a defence to prove –
(a) that the occurrence was attributable to the
fact that its prior introduction into a public sewer was caused or permitted by
a person who was not acting under the authority of the Minister for
Infrastructure; and
(b) that the Minister for Infrastructure either
was not bound to receive it into the sewer, or was only bound to do so on
conditions that were not observed.[28]
(4) Where
a person is charged with an offence under either of Article 17(1) and (2),
it shall be a defence to prove –
(a) that the person took all reasonable
precautions and exercised due diligence to avoid the commission of the offence;
and
(b) that the person took all steps that were
reasonably practicable for minimizing the extent of pollution of controlled
waters,
and, if the person is not the
Minister, that the person gave full details of the occurrence to the Minister,
or ensured that they were given to the Minister, as soon as was reasonably
practicable.[29]
(5) For
the purposes of paragraph (4) –
(a) the fact that a person conforms in a
material way to an approved code of practice shall be admissible as evidence
that the person is conducting himself or herself reasonably and with due
diligence in that way; and
(b) the fact that a person fails in a material
way to conform to an approved code of practice shall be admissible as evidence
that the person is not conducting himself or herself reasonably and with due
diligence in that way.
(6) Where
a person is charged with an offence under any of Article 17(1), (2), (3)
and (4) by reason of the introduction of anything into controlled waters, it
shall be a defence to prove –
(a) that it was introduced in consequence of a
decision to do so in an emergency that arose in circumstances beyond the
person’s control;
(b) that the decision was reasonable; and
(c) that the person took all steps that were
reasonably practicable for minimizing the extent of pollution of controlled
waters,
and, if the person is not the
Minister, that the person gave full details of the occurrence to the Minister,
or ensured that they were given to the Minister, as soon as was reasonably
practicable.[30]
PART 5
AUTHORIZED DISCHARGES
19 High risk substances
(1) In
deciding under this Part whether or not to grant, vary, transfer, suspend or
revoke a discharge permit, or to issue, vary, suspend or revoke a discharge
certificate, the Minister shall have particular regard in every relevant case
to the risk of pollution by any substance of a kind described in Schedule 2.
(2) The
Minister may by Order amend Schedule 2.
20 Applications in respect of discharge permits
(1) Every
application for the grant, variation, transfer or revocation of a discharge
permit shall be in writing, with such information (including maps and diagrams)
as may be prescribed or as the Minister may reasonably require in any case.
(2) An
application for the transfer of a discharge permit shall include the written
consent of the proposed transferee to the transferee becoming the holder of the
permit.
21 Discharge permits
(1) If
any person other than the Minister wishes to make an introduction into
controlled waters that would otherwise be in contravention of Article 17(1),
the person shall first apply to the Minister for a discharge permit for that
purpose.
(2) The
Minister, on considering an application for a discharge permit,
shall –
(a) grant the application, unconditionally or on
such conditions as the Minister may specify in his or her decision; or
(b) refuse the application.
(3) There
shall be a right of appeal, in accordance with Article 44, against the
decision of the Minister.
22 Conditions of discharge permits
Without prejudice to the generality
of the conditions that the Minister may impose in granting a discharge permit,
or in subsequently varying the permit, they may include all or any of the
following matters –
(a) the
place at which anything may be introduced into controlled waters;
(b) the
design or construction of any outlet to be used for that purpose;
(c) the
nature, origin, volume, rate, composition, properties, radioactivity,
temperature or other qualities of anything to be introduced, or the frequency
with which or the times during which it may be introduced;
(d) any
treatment or process to be applied, by the holder of the permit or any other person,
to minimize the pollution of controlled waters (including the provision or
maintenance by the holder or any other person of approved treatment facilities
for the purpose);
(e) the
provision or maintenance of approved facilities (including boreholes,
inspection chambers, manholes or observation wells), by the holder or any other
person, for taking samples of the thing introduced or of controlled waters;
(f) the
provision or maintenance of approved meters or other approved apparatus, by the
holder or any other person, for measuring, assessing, determining or otherwise
recording the nature, origin, volume, rate, composition, properties,
radioactivity, temperature or other qualities of the thing introduced or of
controlled waters;
(g) the
keeping of records, the making of returns or the giving of other information,
by the holder or any other person to the Minister, in respect of the
introduction or its consequences; or
(h) time
limits for complying with any conditions.
23 Variation and revocation of discharge permits
(1) The
Minister may, on the application of the holder of a discharge permit or of his
or her own motion, vary or revoke the permit.[31]
(2) Where
the Minister proposes of his or her own motion to vary or revoke a discharge
permit –
(a) the Minister shall serve a notice in writing
on the holder, specifying the proposal and informing the holder that the holder
may make representations in writing to the Minister in respect of the proposal
within 21 days after the notice is served on the holder; and
(b) in determining whether or not to proceed
with the proposal, the Minister shall consider all representations so made,
before proceeding on the proposal
and complying (where necessary) with Article 10.[32]
(3) A
variation or revocation shall not take effect before it is served on the
holder.
(4) A
variation or revocation shall take effect –
(a) when it is served on the holder, if the
Minister does not specify a later date; or
(b) where the Minister does specify a later
date, on that date.
(5) However,
where a variation imposes any restriction, obligation or requirement on the
holder, the variation shall take effect on a date to be specified by the
Minister, being not sooner than 6 months after it is served on the holder.
(6) The
Minister need not comply with paragraph (5) if –
(a) there are exceptional circumstances; and
(b) the Minister specifies those circumstances
in his or her decision.
(7) There
shall be a right of appeal, in accordance with Article 44, against the
decision of the Minister.[33]
24 Suspension of discharge permits
(1) Where
it appears to the Minister on reasonable grounds that it is necessary or
expedient to do so because of an emergency –
(a) the Minister may by notice in writing served
on the holder of a discharge permit suspend the permit for any period, not
exceeding 14 days, that is specified in the notice; and
(b) the Minister may in the same manner extend
the suspension of the permit for any period not exceeding 14 days.
(2) There
shall be a right of appeal, in accordance with Article 44, against the
decision of the Minister.
25 Transfer of discharge permits
(1) With
the written approval of the Minister on an application made in accordance with Article 20,
the holder of a discharge permit may transfer it to any other person.
(2) With
effect from the date of approval, or from such later date as the Minister may
specify in his or her approval –
(a) the transferor shall cease to be the holder
of the discharge permit; and
(b) the transferee shall be the holder.
(3) There
shall be a right of appeal, in accordance with Article 44, against the
decision of the Minister.[34]
26 Discharge certificates
(1) If
the Minister wishes to make an introduction into controlled waters that would
otherwise be in contravention of Article 17(1), the Minister shall first
issue a discharge certificate for that purpose.[35]
(2) The
Minister shall specify in the discharge certificate the conditions (if any) on
which the introduction will be made.
(3) The
Minister may vary a discharge certificate.
(4) A
discharge certificate or its variation shall take effect from a date to be
specified in the certificate by the Minister (being not sooner than
21 days after the Minister complies with Article 27 in respect of his
or her decision).
(5) Where
the Minister issues or varies a discharge certificate, any person
who –
(a) has made representations under Article 10(5)
in respect of the proposal to do so; and
(b) has provided an address for service in Jersey,
may apply to the Court to review
the decision.
(6) An
application under paragraph (5) shall be made –
(a) within 21 days after the applicant is served
with a written copy of the Minister’s decision (or within such further
time as the Court may allow); and
(b) on notice to the Minister.
(7) Where
the Minister issues or varies a discharge certificate, the Attorney General may
apply to the Court at any time, on notice to the Minister, to review the
decision.
(8) Rules
of Court may provide for the manner in which applications for review under this
Article shall be brought, heard and determined.
(9) Unless
the Court so orders, the lodging of an application for review under this Article
shall not operate to stay the effect of a decision pending the determination of
the application.
(10) On
hearing an application for review, the Court –
(a) may in its own judgment confirm, reverse or
vary the decision of the Minister; and
(b) may make such order as to the costs of the
review as it thinks fit.
(11) The
Attorney General shall have a right of appeal to the Court of Appeal against a
decision of the Royal Court under this Article.[36]
(12) The
Minister may at any time suspend or revoke a discharge certificate.
27 Notice of decisions
(1) Within
14 days after the Minister –
(a) grants or refuses an application for a
discharge permit, or an application to vary, transfer or revoke a permit;
(b) of his or her own motion varies, suspends or
revokes a permit; or
(c) issues, varies, suspends or revokes a
discharge certificate,
the Minister shall serve a
written copy of his or her decision on each of the persons specified in paragraph (2).[37]
(2) The
persons to whom paragraph (1) refers are –
(a) the applicant or the holder of the discharge
permit, as the case may be;
(b) the Minister for Health and Social Services;
(c) every person who has made representations
under Article 10(5) in respect of the matter, and has provided an address
for service in Jersey; and
(d) in the case of an application to transfer a
permit, the transferee proposed in the application.[38]
(3) This
Article does not require the Minister, where the Minister has suspended a
discharge permit or extended the period of its suspension under Article 24,
to give to the holder additional notice under this Article.
28 Charges for discharge permits
(1) The
Minister may prescribe –
(a) charges that shall be payable to the
Minister by applicants, holders of discharge permits, and proposed transferees
in respect of applications for the grant, variation, transfer and revocation of
permits; and
(b) charges that shall be payable to the
Minister periodically, by holders of permits, while their permits remain in
force.
(2) In
prescribing such charges, the Minister shall have regard to the amounts that
are needed to meet the Minister’s expenditure in carrying out his or her
functions under this Law in respect of discharge permits (including, but
without limiting the generality of this paragraph, the consideration of
applications relating to permits, the granting of permits, the monitoring of
discharges by holders of permits and the variation, suspension and revocation
of permits).[39]
(3) In
prescribing charges in respect of discharge permits, the Minister may
impose –
(a) different charges in respect of different parts
of any periods during which permits remain in effect; and
(b) different charges according to the kinds or
scale of activity, the kinds or amounts of any substances, the localities or
circumstances and the number of different activities to which permits relate.
(4) Where
any charge is prescribed, the Minister may refuse to do anything for which it
is payable until it is paid (without prejudice to the right of the Minister to
recover the money).
PART 6
ENFORCEMENT
29 Appointment of designated officers
The Minister may in writing appoint
as a designated officer for the purposes of this Law any person who is employed
in the service of the States.
30 Proof of authority
(1) A
designated officer who is exercising his or her powers under this Law shall
produce on request evidence of his or her authority to do so.
(2) A
designated officer shall also state on request –
(a) his or her name; and
(b) the power that he or she proposes to
exercise.
31 Persons who may accompany designated officers
(1) In
exercising his or her powers under this Law (including any powers
conferred on the officer by a warrant granted under Article 32(4)), a
designated officer may take with him or her –
(a) such other persons; and
(b) such vehicles, equipment and materials,
as are reasonably necessary or
expedient for the purpose.
(2) A
person whom a designated officer takes with him or her under paragraph (1)
may perform any of the designated officer’s functions under this Law, but
only under the latter’s supervision.
32 General powers of entry and investigation
(1) A
power conferred on a designated officer by paragraph (3) shall only be
exercisable –
(a) where there are reasonable grounds for doing
so;
(b) in a manner that is proportionate and
otherwise reasonable; and
(c) at a reasonable hour,
and, if it is to be exercised in
respect of residential land, where the designated officer has given not less
than 48 hours’ notice in writing to the owner or occupier.
(2) However,
the requirements in paragraph (1) as to the time at which the power may be
exercised and (in the case of residential land) as to the notice that must be
given before it may be exercised do not apply in an emergency.
(3) A
designated officer may do all or any of the following things in respect of any
land, vehicle, vessel, hovercraft or aircraft, for the purposes of carrying
this Law into effect –
(a) enter, board, inspect or search it;
(b) take or carry out on or in it any
measurements, surveys, tests, investigations or photographs;
(c) in the case of any land, carry out or dig on
or in it any experimental borings, trial pits or trial holes;
(d) install, maintain or operate on or in it any
monitoring equipment or other apparatus;
(e) take or remove from it, for analysis,
samples of any water, other substances, articles or other things found there;
or
(f) take or remove any water, other
substances, articles or other things found there, for the purposes of evidence
in any civil or criminal proceedings under this Law.
(4) Where
the Bailiff or a Jurat is satisfied on sworn information –
(a) that there are reasonable grounds for the
exercise of any power under paragraph (3); and
(b) that in the circumstances of the case it is
desirable to grant a warrant under this paragraph,
the Bailiff or Jurat may grant a
warrant to a designated officer authorizing the officer at any time to enter or
board any land, vehicle, vessel, hovercraft or aircraft specified in the
warrant and there exercise any other powers under paragraph (3), and in
doing so to use such reasonable force as may be necessary.
(5) A
warrant shall continue in force until –
(a) the purposes for which the warrant is
granted have been fulfilled; or
(b) the expiry of the period of one month
following its grant,
whichever event occurs first.
(6) Where
a designated officer enters any land, vehicle, vessel, hovercraft or aircraft
in the exercise of his or her powers under this Article, and it is for the time
being unoccupied or unmanned, he or she shall leave it secured as effectually
as he or she found it.
(7) Where
a designated officer has exercised any powers under this Article in respect of
any land, vehicle, vessel, hovercraft or aircraft, he or she shall upon request
inform the owner, occupier, driver, master, commander, or person in charge (as
the case may be) in writing as soon as reasonably practicable and in any event
within 21 days –
(a) of the powers the designated officer has so
exercised; and
(b) of everything the designated officer has
taken or removed in the course of exercising those powers.[40]
(8) Any
person who without reasonable excuse –
(a) intentionally obstructs a designated officer
who is exercising or seeking to exercise any power under this Article; or
(b) intentionally obstructs any person who is
lawfully accompanying a designated officer, or performing any function under the
designated officer’s supervision, under Article 31,
shall be guilty of an offence and
liable to imprisonment for a term not exceeding 2 years or to a fine, or both.
33 Co-operation by owners and others
(1) A
designated officer who is exercising or seeking to exercise his or her powers
under Article 32 on or in any land, vehicle, vessel, hovercraft or
aircraft may require any person present who is or appears to the officer to
be –
(a) the owner, occupier, driver, master,
commander or person in charge; or
(b) some other responsible person,
to render such assistance as the
designated officer may reasonably require of the person in order that the
designated officer can carry out more effectively the purposes for which he or
she is exercising his or her powers.
(2) Paragraph (1)
does not empower a designated officer to require a person to do anything that
the Minister, under any of Articles 34, 35, 36 and 37, may require a person
to do.
(3) Any
person who intentionally and without reasonable excuse contravenes a
requirement made of the person under this Article shall be guilty of an offence
and liable to imprisonment for a term not exceeding 2 years or to a fine, or
both.
34 Access to documents and records relating to water quality
(1) Where
it appears to the Minister on reasonable grounds that a person has in his or
her custody or control a document or record that is relevant to the purposes of
this Law, the Minister may require the person to allow the Minister to inspect
and copy it.
(2) If
it is reasonably necessary or expedient to do so, the Minister or a designated
officer may take the document or record away temporarily, to inspect or copy
it.[41]
(3) There
shall be a right of appeal, in accordance with Article 44, against the
making of a requirement by the Minister under this Article.
35 Provision of information about potential pollution
(1) Where
it appears to the Minister on reasonable grounds that a person has anything in
his or her custody or control in circumstances in which it may pollute
controlled waters, the Minister may require the person to do all or any of the
following things –
(a) to deliver to the Minister in writing
details of the thing or the circumstances in which it is in the person’s
custody or control (including details as to its nature, origin, volume, rate,
composition, properties, radioactivity, temperature or other qualities or,
where appropriate, any methods of transfer used by the person in respect of
it);
(b) to deliver to the Minister in writing such
other information as the Minister may reasonably require in order to determine
the extent of that risk of pollution, or how best to prevent such pollution or
to deal with the consequences of any pollution that does ensue; or
(c) to keep proper records for the purposes of sub-paragraph (a)
or (b).
(2) There
shall be a right of appeal, in accordance with Article 44, against the
making of a requirement by the Minister under this Article.
36 Control of potential pollution
(1) Where
it appears to the Minister on reasonable grounds that a person has anything in
his or her custody or control in circumstances in which it may pollute
controlled waters, the Minister may require the person to do all or any of the
following things –
(a) to take reasonable precautions or undertake
appropriate works or other measures (including monitoring); or
(b) to comply with reasonable conditions, while
the thing is in the person’s custody or control,
for the prevention of such
pollution, or in anticipation of the control, reduction or elimination of such
pollution.
(2) Where
it appears to the Minister on reasonable grounds that a person has anything in
his or her custody or control in circumstances in which it may pollute
controlled waters, and –
(a) that it is not reasonably practicable by any
other means to take adequate precautions against the risk of pollution, or to
deal adequately with the consequences of any pollution that does ensue; and
(b) that the nature of the risk and the
consequences of pollution are sufficiently serious to justify the Minister in
doing so,
the Minister may require the person
to dispose of the thing.
(3) There
shall be a right of appeal, in accordance with Article 44, against the
making of a requirement by the Minister under this Article.
37 Remedial action by polluters
(1) Where
any person has caused or knowingly permitted any controlled waters to be
polluted, the Minister may require the person to do all or any of the following
things –
(a) to eliminate, reduce or control the pollution;
(b) to remedy or mitigate its effects; or
(c) to restore the waters (or any flora or fauna
that are dependent on the aquatic environment of those waters) to their state
immediately before they were so polluted,
as far as it is reasonably
practicable for the person to do so.
(2) There
shall be a right of appeal, in accordance with Article 44, against the
making of a requirement by the Minister under this Article.
38 Manner of exercising powers
(1) A
requirement by the Minister in the exercise of any power under any of Articles 34,
35, 36 and 37 shall be made by a notice in writing served on the person to whom
it relates.
(2) The
notice –
(a) shall in every case specify the document or
record to be inspected and copied, the information to be delivered, the things
to be done or the conditions to be complied with, as the case may be;
(b) may, in the case of a requirement under Article 36
or 37, specify the means by which the person is to comply with it; and
(c) shall in every case specify a period of time
(being a reasonable period in the circumstances) within which the notice is to
be complied with.
(3) No
power conferred on the Minister by any of Articles 35, 36 and 37 shall be
exercisable in respect of any act or omission by a person for which he or she
has a defence under Article 18(1).
(4) Any
person who intentionally and without reasonable excuse contravenes a notice
served on the person by the Minister in the exercise of a power under Article 34
shall be guilty of an offence and liable to a fine.[42]
(5) Any
person who intentionally and without reasonable excuse contravenes a notice
served on the person by the Minister in the exercise of a power under any of Articles 35,
36 and 37 shall be guilty of an offence and liable to imprisonment for a term
not exceeding 2 years or to a fine, or both.
39 Remedial action by Minister
(1) Where –
(a) a person on whom a notice is served in the
exercise of a power under Article 36 or 37 contravenes the notice;
(b) it appears to the Minister after reasonable
enquiry, in any case in which there are grounds for serving such a notice, that
the person on whom it is to be served cannot be found; or
(c) it appears reasonably to the Minister, in
any case in which there are grounds for serving such a notice, that the
situation is one of urgency that warrants action under this Article,
the Minister may do all or any of
the things that he or she has so required or could have so required the person
to do.
(2) Where
the Minister acts under paragraph (1), the Minister may recover the
Minister’s reasonable expenses of doing so as a civil debt in any court
of competent jurisdiction from any person on whom the notice was to be served.
(3) For
the purposes of this Article, the Minister’s reasonable expenses of
acting under paragraph (1) shall include any expenses incurred by the Minister
in investigating and establishing –
(a) the source and extent of any potential
pollution or actual pollution to which the matter relates; and
(b) the identification of any person on whom a
notice may be served under Article 36 or 37 in respect of the matter.[43]
40 Injunctions
(1) The
Minister or a designated officer may apply to the Court for an injunction to
enforce compliance by any person with any requirement of this Law or made under
this Law, or to restrain any person from contravening any provision of this Law.
(2) Paragraph (1)
does not relieve a person from any criminal liability that the person may incur
by reason of any act or omission, or limit any other remedies of the Minister
or a designated officer in respect of the person’s acts or omissions.
PART 7
GENERAL
41 Application for protection of trade secret
(1) A
person specified in paragraph (2) may apply to the Minister in accordance
with this Article for a certificate of confidentiality in respect of any
information described in that paragraph, on the ground that its disclosure will
reveal a trade secret.
(2) The
persons who may apply for certificates of confidentiality, and the information
in respect of which they may so apply, are –
(a) an applicant for the grant, variation,
transfer or revocation of a discharge permit, in respect of any information
that he or she is required or wishes to give to the Minister in support of the
application;
(b) any person, in respect of any information
that he or she wishes to give under any of Articles 22, 34, 35, and 36;
(c) any person, in respect of any information
that he or she is required to give under any of those Articles; and
(d) any person, in respect of any information
relating to him or her, or to any business (including any research or
experiment) carried on by him or her, that the Minister or a designated officer
may obtain directly or indirectly in the course of the exercise of any power
under Article 32 or 39.
(3) An
application under this Article shall be made in writing.
(4) However,
in a case to which any of paragraph (2)(b), (c) and (d) refers, the
application may in the first instance be made –
(a) orally; and
(b) either to the person who has required or
obtained the information, or to the Minister directly,
but in that event, on the expiry
of the period of 14 days following the day on which it was made, it shall
cease to be an application made in accordance with this Article unless the
applicant has put it in writing and delivered the written application to the
Minister.
(5) Where
the Minister is satisfied that the disclosure of the information will reveal a
trade secret, the Minister shall grant a certificate of confidentiality in
respect of that information.
(6) Within
14 days after determining an application for a certificate of
confidentiality, the Minister shall serve on the applicant a written copy of
his or her decision.
(7) There
shall be a right of appeal, in accordance with Article 44, against the
decision of the Minister.
42 Information that is protected
(1) While –
(a) an application for a certificate of
confidentiality, having been made in accordance with Article 41, has not been
determined by the Minister;
(b) any time allowed for appealing to the Court
against the decision of the Minister in respect of the application has not
expired, and the Court has not dismissed such an appeal;
(c) any time allowed for a further appeal has
not expired, and the court concerned has not dismissed such an appeal; or
(d) any appeal, having been lodged, has not been
determined,
the information in respect of
which the application for a certificate of confidentiality was made shall be
confidential, unless it is information described in Article 43.
(2) Where
a certificate of confidentiality is granted (whether by the Minister, or on
appeal), the information in respect of which it is granted shall be
confidential, unless it is information described in Article 43.
(3) Any
person who knowingly or recklessly –
(a) discloses to any other person any
information that is confidential by virtue of paragraph (1) or (2);
or
(b) uses that information otherwise than for the
purposes of this Law,
shall be guilty of an offence and
liable to imprisonment for a term not exceeding 2 years or to a fine, or both.
(4) Paragraph
(3) does not apply to any disclosure –
(a) by the applicant for the certificate of
confidentiality, or with his or her consent;
(b) to the Minister or any other Minister or to
any public officer or to any other person specified in Article 31, for the
purposes of this Law; or
(c) to the Court or to any party in any civil or
criminal proceedings under this Law, in private and for the purposes of those
proceedings.
43 Information that is not protected
Article 42 does not apply to
the following information –
(a) the
name and address of the applicant for the certificate of confidentiality;
(b) the
fact that the applicant has applied for or been granted such a certificate or
that an appeal to the Court, or any further appeal, is pending in respect of
his or her application for it; and
(c) the
site of the introduction or proposed introduction, into controlled waters, of
anything to which the confidential information relates.
44 Appeals
(1) The
following persons shall have a right of appeal to the Court under this Law –
(a) an applicant for a discharge permit or for
its variation or transfer, against the refusal of the application by the
Minister;
(b) an applicant for a permit, against any
condition imposed by the Minister in granting the application;
(c) the holder of a permit, against the
variation or revocation of the permit, or against the suspension of the permit
under Article 24, or the extending of the suspension of the permit under
that Article;
(d) a person of whom a requirement is made under
any of Articles 34, 35, 36 and 37, against the making of the requirement;
and
(e) an applicant for the grant of a certificate
of confidentiality, against the refusal of the application in whole or in part.[44]
(2) An
appeal shall be brought within 21 days after the appellant is served with
a written copy of the decision or the notice in writing of the requirement (as
the case may be), or within such further time as the Court may allow.
(3) In
any matter to which Article 10(5) applies, the Minister shall give notice
in writing of the appeal to every person who has made representations under
that paragraph and has provided an address for service in Jersey, and that person
may appear and be heard.
(4) Unless
the Court so orders, the lodging of an appeal shall not operate to stay the
effect of a decision or requirement pending the determination of the appeal.
(5) On
hearing the appeal, the Court –
(a) may confirm, reverse or vary the decision or
requirement against which the appeal is brought; and
(b) may make such order as to the costs of the
appeal as it thinks fit.
(6) The
appellant shall have a right of appeal to the Court of Appeal against a
decision of the Royal Court under this Article.[45]
45 Compensation
(1) Where –
(a) any person with a proprietary interest in
any land suffers any loss by way of reduction in the value of the person’s
interest or by way of the disturbance of business carried on by the person on
that land, in consequence of a Water Management Order; or;
(b) any
person suffers any loss or damage in consequence of the exercise of any power
under Article 32,
the Minister shall be liable to
pay compensation to the person for that loss or damage.[46]
(2) Compensation
shall not be payable under this Article –
(a) to the extent that the loss or damage is
attributable to the claimant’s fault; or
(b) to the extent that compensation for the loss
or damage is payable under any other enactment or rule of law,
but this Article does not limit
any right to compensation under any other enactment or rule of law.
(3) For
the purposes of a claim for compensation under this Article –
(a) conforming to an approved code of practice
is not an act or omission involving fault; and
(b) where a person claims compensation in
respect of any loss or damage, the person’s failure in a material way to
conform to an approved code of practice within a reasonable time after the code
was approved under Article 16(1) shall be admissible as evidence that the
loss or damage is attributable to the person’s fault.
(4) Any
dispute as to the entitlement of any person to compensation under this Article,
or as to the amount of compensation –
(a) shall be referred to and determined by the
arbitration of a single arbitrator appointed by agreement between the Minister
and the claimant; or
(b) in default of such agreement, shall be
referred to and determined by the Board of Arbitrators appointed in accordance
with Articles 8 and 9 of the Compulsory
Purchase of Land (Procedure) (Jersey) Law 1961.[47]
(5) In
the determination of a dispute under paragraph (4) of this Article –
(a) Articles 10 and 20 of the Compulsory Purchase of Land (Procedure) (Jersey)
Law 1961 shall apply; and
(b) in their application to this Law, the
references in those provisions to the acquisition of land shall be read as
references to the imposition of a restriction or requirement in respect of land
by a Water Management Order or, as the case may be, to the exercise of a power
under Article 32 of this Law.[48]
(6) In
the determination of a dispute under paragraph (4) of this Article –
(a) Articles 12, 13, 14, 16 and 17 of that
Law shall also apply; and
(b) in the application of those Articles (other
than Article 13) to this Law, the references in them to the Board of
Arbitrators shall be read as including a reference to a single arbitrator
appointed by agreement under paragraph (4) of this Article.
(7) Interest,
at the rate specified in Article 11(4) of the Compulsory Purchase of Land (Procedure) (Jersey)
Law 1961 and calculated in accordance with that paragraph from the date
on which the loss or damage occurred until the date of payment, shall be added
to the amount of any compensation assessed under this Article.
46 Interference with apparatus
(1) Any
person who maliciously or dishonestly interferes or tampers with any meter or
other apparatus installed on or in any land, vehicle, vessel, hovercraft or
aircraft –
(a) by the Minister, for the purposes of this Law;
or
(b) by any other person, in accordance with a
requirement of or under this Law,
shall be guilty of an offence and
liable to imprisonment for a term not exceeding 2 years or to a fine, or
both.[49]
(2) This
Article is subject to Article 30(12) of the Road Works and Events (Jersey)
Law 2016[50].[51]
47 False information
Any person who –
(a) in
support of an application under any of Articles 21, 23, 25 and 41 or under
Schedule 3; or
(b) on
being required under a condition of a discharge permit or discharge certificate,
or under Article 35, to give or deliver any information to the Minister,
knowingly or recklessly makes a
statement that is false or misleading in a material particular shall be guilty
of an offence and liable to imprisonment for a term not exceeding 2 years or to
a fine, or both.
48 Criminal liability
(1) Any
person who aids, abets, counsels or procures the commission of an offence under
this Law shall also be guilty of the offence and liable in the same manner as a
principal offender to the penalty provided for that offence.
(2) Where
an offence under this Law committed by a body corporate is proved to have been
committed with the consent or connivance of or to be attributable to any
neglect on the part of –
(a) a person who is a director, manager,
secretary or other similar officer of the body corporate; or
(b) any person purporting to act in any such
capacity,
the person shall also be guilty
of the offence and liable in the same manner as the body corporate to the
penalty provided for that offence.
(3) Where
the affairs of a body corporate are managed by its members, paragraph (2)
shall apply in relation to acts and defaults of a member in connection with his
or her functions of management as if the member were a director of the body
corporate.
49 Evidence
(1) Where
in any civil or criminal proceedings under this Law, evidence is adduced of
information recorded by a meter or other apparatus that for the purposes of
this Law is approved or used by the Minister, it shall be presumed until the
contrary is proved that the meter or apparatus has at all material times
recorded information accurately.
(2) In
any civil or criminal proceedings under this Law, information that is provided
by or obtained from any person under any condition of a discharge permit or
discharge certificate shall be admissible in evidence against that person.
50 Limitation of liability of Minister
(1) Neither
the Minister nor any officer nor any of the Minister’s servants or agents
shall incur any civil or criminal liability –
(a) in respect of the grant, variation,
transfer, suspension or revocation of a discharge permit by the Minister; or
(b) in respect of the introduction of anything
into controlled waters in accordance with a permit,
unless it is proved that he or
she was acting in bad faith.[52]
(2) In
this Article “officer” means an officer in an administration of the
States for which the Minister is assigned responsibility.
51 Service of documents
(1) A
document may be served under this Law in any of the following ways –
(a) on an individual, by delivering it to him or
her personally or by leaving it at his or her proper address or by sending it
by recorded delivery post to him or her at that address;
(b) on a body corporate, by serving it in
accordance with sub-paragraph (a) on the secretary or clerk of that body;
(c) on a partnership, by serving it in
accordance with sub-paragraph (a) on a partner or a person having the
control or management of the partnership business; or
(d) on an unincorporated body or unincorporated
association of persons, by serving it in accordance with sub-paragraph (a)
on any person having the control or management of its affairs.
(2) For
the purposes of this Article, and of Article 7 of the Interpretation (Jersey) Law 1954[53] in its application to this Article, the proper address of any person
on whom a document is to be served is the person’s last known address,
except that –
(a) in the case of service on a body corporate
or its secretary or clerk, it is the address of the registered or principal
office of the body; or
(b) in the case of service on a partnership or a
partner or a person having the control or management of a partnership business,
it is the address of the principal office of the partnership.
(3) In
the case of a body incorporated outside Jersey or of a partnership carrying on
business outside Jersey, its principal office in Jersey is its principal office
for the purposes of this Article.
(4) Where
a person who is to be served under this Law with any document has specified an
address in Jersey other than the person’s proper address (as determined
in accordance with paragraph (2)) as the one at which the person or
someone on his or her behalf will accept service of documents, that address may
be treated as the proper address for the purposes of this Article.
(5) Where
a document is to be served under this Law –
(a) on the owner or person in charge of any
land, vehicle, vessel, hovercraft or aircraft; or
(b) on the occupier of any land, the driver of a
vehicle, the master of a vessel or hovercraft or the commander of an aircraft,
and after reasonable enquiry he
or she cannot be found and his or her name and address cannot be ascertained,
and the document relates to the land, vehicle, vessel, hovercraft or aircraft,
the document may be served by delivering it personally to some other
responsible person who is or appears to be resident or employed on or in it, or
by affixing it (or a copy) conspicuously to any part of the land, vehicle,
vessel, hovercraft or aircraft.
(6) This
Article does not apply to any document for which provision for service is made
by Rules of Court, but it does not prevent service by any other mode that is
permitted by any other enactment or rule of law.
52 Subordinate legislation
(1) The
Minister may make Orders relating to all or any of the following
matters –
(a) providing for any matters that are to be or
may be prescribed under any other provisions of this Law;
(b) prescribing forms of application for the
grant, variation, transfer or revocation of discharge permits, or information
to be provided in support of such applications;
(c) prescribing standard conditions in permits;
(d) prescribing forms in which records shall be
kept or returns shall be made under this Law;
(e) prescribing the form of applications for
certificates of confidentiality; or
(f) providing for such other matters as
are reasonably necessary for or incidental to the purpose of carrying of this Law
into effect.
(2) Regulations
and Orders made under this Law may make different provision for different
classes of cases.
(3) For
the purposes of this Law –
(a) a standard condition that is for the time
being prescribed in respect of a discharge permit; and
(b) a requirement that is for the time being
prescribed as to the form in which records are to be kept or returns are to be
made by a holder of a permit,
are conditions imposed by the
Minister in the permit.
(4) The
Subordinate Legislation (Jersey) Law 1960[54] shall apply to Orders made under this Law.
(5) The
powers of the Superior Number of the Royal Court to make Rules under the Royal Court (Jersey) Law 1948[55] shall include power to make Rules for the purposes of this Law.
53 Relationship to other enactments
(1) This
Law does not relieve any person from an obligation to obtain any authorization,
consent or permission that is required by or under any other enactment.
(2) Nothing
in any of Articles 36, 37 and 39 –
(a) derogates from any right of action or other
remedy (whether civil or criminal) in proceedings instituted otherwise than
under any such Article; or
(b) affects any restriction imposed by or under
any other enactment.
54 Implementation of international obligations
The States may by Regulations
modify this Law to give effect to any international agreement, or international
obligation, that relates to the control of pollution in Jersey waters and is
applicable to or binding on Jersey.
55 Application to Crown
(1) Subject
to this Article, this Law shall bind the Crown.
(2) No
contravention by the Crown of any provision of this Law shall make the Crown
criminally liable.
(3) However –
(a) the Court may, on the application of the
Minister, declare unlawful any act or omission of the Crown that contravenes a
provision of this Law; and
(b) the provisions of this Law apply in any
event to persons in the public service of the Crown as they apply to other
persons.
(4) If
the Lieutenant-Governor certifies that it appears to him or her that it is
requisite or expedient that, in the interests of national security, any powers
in or under this Law that are specified in the certificate should not be
exercisable in relation to any Crown land specified in the certificate, those
powers shall not be exercisable in respect of that land.
(5) This
Law does not apply to Her Majesty in her private capacity.
56 Transitional
(1) This
Law shall have effect subject to the transitional provisions set out in
Schedule 3.
(2) The
States may by Regulations repeal paragraph 3 of Schedule 3, wholly or in
respect of any category of charge specified in the Regulations.
57 Citation
This Law may be cited as the Water
Pollution (Jersey) Law 2000.