Agricultural Land (Jersey) Law 1964
A LAW for the protection of
In this Law, unless the context otherwise requires –
includes horticulture, fruit growing, seed growing, dairy farming, the breeding
and keeping of livestock, the use of land as grazing land, meadow land, market
gardens and nursery grounds; and references to “agricultural land” shall be construed
“Minister” means the Minister for the Environment.
2 Prohibition on the spoliation of agricultural land
to the provisions of this Article, if any person –
or causes or allows to be removed, surface soil from any agricultural land;
or causes or allows to be done, anything which has, or is likely to have, the
effect of rendering any land unsuitable for agriculture; or
the intent of rendering any agricultural land unsuitable for agriculture, fails
to do anything which the person ought reasonably to do in the ordinary course
of good husbandry,
the person shall be guilty of an offence.
an offence against this Article has been committed by a person other than the
occupier of the land, the occupier shall also be guilty of an offence unless the
occupier proves that he or she could not reasonably be expected to have been
able to prevent the commission of the offence.
shall be a defence for a person charged with an offence against this Article to
prove that the person acted in the course of the person’s employment as a
servant or agent of another person on the instructions of the person’s
employer or of some other specified person.
shall be a defence for a person charged with an offence against
paragraph (1)(a) to prove –
the soil was removed for the purpose of depositing it, and that it has been
deposited, on other agricultural land in the same occupation and that the
removal of the soil does not have the effect of rendering the agricultural land
from which it was removed unsuitable for agriculture; or
the soil was removed for the purpose of using it, and that it has been used,
for raising seedlings on agricultural land in the same occupation.
provisions of paragraph (1)(a) shall not apply to the removal of so much
surface soil as it is reasonably necessary to remove in the course of cutting
turf so long as the removal of the soil does not have the effect of rendering
the agricultural land from which it was removed unsuitable for agriculture.
person shall not be convicted of an offence against paragraph (1)(b)
unless the court is satisfied that the person knew, or could reasonably be
expected to know, that the effect or the likely effect of the act constituting
the offence would be to render the land unsuitable for agriculture.
shall be a defence for a person charged with an offence against
paragraph (1)(b) to prove that the land in respect of which the offence is
alleged is land the only agricultural use of which is the grazing of young
stock and that the offence alleged has not rendered the land, or any of it,
unsuitable for that purpose.
provisions of this Article shall not prohibit the doing of
exercise of any powers conferred by or under any other enactments;
pursuance of, and in accordance with any conditions attaching to, any
authorization (by whatever name called) granted under any other enactment or as
a reasonable consequence of the grant of any such authorization; or
pursuance of, and in accordance with any conditions attaching to, a permit in
writing by the Minister.
references in paragraph (1) to agricultural land include references to
land the use of which for agriculture has been discontinued with a view to the
evasion of the provisions of that paragraph.
3 Power of entry
person authorized by the Minister in that behalf may, at all reasonable times
and on production if so required of evidence of the person’s authority,
enter on any agricultural land for the purpose of ascertaining whether there
is, or has been on or in connection with the land any contravention of the
provisions of this Law.
person who obstructs or impedes a person in the exercise of any of the powers
conferred by this Article, and where the person against whom the obstruction is
alleged is not the occupier of the land, the occupier also, shall be guilty of
Provided that, where a person is charged with an offence under this Article
by reason only that the person is the occupier, it shall be a defence to prove
that the offence took place without the person’s consent or connivance.
4 Protection of agricultural land from contamination etc.
a view to preventing agricultural land from contamination by diseases, pests or
weeds and otherwise for preventing a deterioration of the quality of the soil,
the Minister may, by Order, make provision for controlling the addition to
agricultural land of soil taken from any land, whether agricultural land or
not, and any such Order may contain provision for ensuring the proper
administration and enforcement of the Order and, without prejudice to the
generality of the foregoing, for the inspection of any land, the sampling of
the soil and the carrying out of tests in connection therewith.
Subordinate Legislation (Jersey) Law 1960 shall apply to Orders made
under this Article.
this Article, the expression “pests” includes any insect
destructive to crops, any fungus, bacterium or other vegetable or animal
organism, and any virus or other agent causative of a crop disease.
5 Power to obtain information
Minister, and any person authorized in that behalf by the Minister, may require
the occupier of any agricultural land to furnish to such authority or person
within such time and in such manner as may be specified in the requirement such
information in relation to that agricultural land as may be so required.
occupier of any agricultural land who refuses or neglects to furnish any
information which under this Article is required to be furnished, within the
time within which it is to be furnished, or knowingly furnishes any information
required to be furnished under this Article which is false in a material
particular shall be liable to a fine of level 3 on the standard scale.
person guilty of an offence against this Law, other than an offence to which
Article 5(2) of this Law applies, or any Order made thereunder shall be
liable to a fine:
Provided that, where a person is convicted of any offence as
aforesaid and it is shown to the satisfaction of the court that the offence was
substantially a repetition or continuation of an earlier offence by the person
after the person had been convicted of the earlier offence, the person shall be
liable to imprisonment for a term of 2 years and to a fine.
an offence against this Law or any Order made thereunder 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, any director, manager,
secretary or other officer of that body corporate, or any person purporting to
act in any such capacity, he or she as well as the body corporate shall be
guilty of that offence and shall be liable to be proceeded against and punished
This Law may be cited as the Protection of Agricultural Land
(Jersey) Law 1964.