Queen’s
Valley Reservoir (Jersey) Law 1988[1]
A LAW to authorize and require the
carrying out of a waterwork project in Queen's Valley by The Jersey New
Waterworks Company Limited, and to provide for ancillary matters
Commencement
[see endnotes]
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“authorized works”
means the reservoir, silt pond and other works authorized and required by Article 2
and described in Schedule 1 and any works, apparatus and conveniences
constructed, provided or installed, and operations carried out, in connection
with, or for the purposes of, those works in pursuance of Article 2(3)(f)
and Schedule 2;
“Board of
Arbitrators” means the Board of Arbitrators mentioned in Article 8
of the Compulsory
Purchase of Land (Procedure) (Jersey) Law 1961;
“Company”
means The Jersey New Waterworks Company Limited registered by Act of the Royal
Court dated the 11th day of February, 1882 in accordance with the
provisions of the Loi (1861) sur les Sociétés à
Responsabilité Limitée;
“deposited plan”
means the plan referred to in Article 10;
“highway authority”
has the same meaning as in the Roads (Administration) (Jersey) Law 1960;
“in”, in a
context referring to works or apparatus, includes under, over, along or upon;
“land”
includes houses, buildings and structures on land, water, interests in or under
land or water and servitudes or rights in, on or over land or water;
“Minister”
means the Minister for Infrastructure;
“project”
means the project described in Article 2;
“Queen’s
Valley” means the valley described in Article 2;
“reservoir”
means a reservoir for water as such and “the reservoir” means the
reservoir referred to in Article 2;
“road” has the
same meaning as in the Roads
Administration (Jersey) Law 1960;
“telegraphic line”
has the same meaning as in the Telecommunications (Jersey) Law 1972;
“watercourse”
includes all brooks, streams, ditches, channels, cuts, culverts, dykes, sluices
and passages through which water flows.[2]
(2) Where
in this Law there is a reference to a Work by number only, and without further
identification, such reference shall be construed as a reference to the Work of
that number contained in Schedule 1.
(3) Where
any provision of the Company’s Memorandum of Association or Articles of
Association is inconsistent, or is in conflict, with the provisions of this Law,
the latter shall prevail.
2 Authorization and requirement to carry out waterwork project in
Queen’s Valley
(1) Subject
to the provisions of this Law, of the Island Planning (Jersey) Law 1964
and of the Loi (1934)
sur la Santé Publique, the Company is authorized and required to
carry out the project described in paragraph (2) and Schedule 1.
(2) The
project consists of the construction of a reservoir, silt pond and other works
in Queen’s Valley in the parishes of Grouville, St. Martin and St. Saviour
as a source of supply forming part of the undertaking of the Company.
(3) For
the purposes of the project the Company may –
(a) acquire
land as provided in Article 3;
(b) require
the appropriate highway authority to do the things provided for in Article 4;
(c) do
temporarily in relation to any watercourse, sewer, drain, gas or water pipe,
electricity cable or telegraphic line, the things provided for in Article 5;
(d) cause
roads to be extinguished as provided for in Article 6 and Schedule 3;
(e) vary
the location or, as the case may be, the height of a work or part of a work
described in Schedule 1 where permitted to do so under Article 7;
(f) in
connection with, or for the purposes of, the works described in Schedule 1,
carry out the works and operations and do the things described in Schedule 2
within the limits of land to be acquired shown on the deposited plan and to the
extent necessary for Work No. 4, outside such limits;
(g) impound,
appropriate and use water as provided for in Article 8;
(h) use
water from the reservoir for the purposes of water supply;
(i) from
time to time within the limits of deviation permitted under Article 7
extend, enlarge, alter, replace or renew the works described in Schedule 1;
(j) do
all such other things not unlawful as may be required in order to carry out the
project.
(4) Where
water escapes from the reservoir the Company shall be prima facie liable for
the damage which is the natural consequence of its escape.
(5) Liability
under paragraph (4) shall be strict and it shall not be a defence that the
water escaped without the Company’s wilful act, default or neglect.
3 Acquisition of land
(1) The
Company may acquire by agreement any land required for the purposes of the
project.
(2) The
Company may acquire by compulsory purchase, in accordance with the provisions
applied by Article 6(2) of the Water (Jersey)
Law 1972 to the acquisition of land under that Article, any land
required for the purposes of the project and situated within the limits of land
to be acquired shown on the deposited plan.
(3) No
person shall be required to sell a part only of the person’s land
if –
(a) the part
which would be left (which may be outside the limits of land to be acquired
shown on the deposited plan) is incapable of reasonably beneficial use;
(b) the person
is willing and able to sell the whole; and
(c) the person
serves notice on the Company requiring it to purchase the whole.
(4) The
Company may acquire any land in the manner mentioned in paragraph (1) or
in paragraph (2) belonging to the National Trust for Jersey or any other person
notwithstanding that such land may be held inalienably.
(5) In
this Article the “National Trust for Jersey” means the association
incorporated by a Law passed by the States on 11th February 1937 and
confirmed by Order in Council dated 13th April 1937.
(6) Where
the Company acquires land in the manner mentioned in paragraph (2), Article 6(1)
of the Compulsory
Purchase of Land (Procedure) (Jersey) Law 1961, shall not apply.
(7) On
the date on which any land is acquired by the Company within the limits of land
to be acquired shown on the deposited plan, any public footpath thereon shall
be extinguished and the fonds thereof shall
vest in the Company by operation of law and without conveyance.
(8) Paragraph (7)
is in addition to and shall not derogate from Article 6.
(9) Where
paragraph (2) applies, Article 6(1) of the Water (Jersey)
Law 1972 shall not apply.
4 Road works; temporary closure of road or diversion of traffic
(1) Where
the Company represents to a highway authority that in order to carry out the authorized
works the widening or strengthening of a road is necessary or desirable, the
highway authority shall with reasonable expedition carry out such works as may
be required for such widening or strengthening.
(2) Where
the Company represents to a highway authority that in order to carry out the authorized
works a junction is required between an access road described in Schedule 1
and another road, the highway authority shall with reasonable expedition carry
out such works as may be required to provide such junction in accordance with
plans and specifications of the access road at the said junction supplied to
the highway authority by the Company.
(3) All
costs reasonably incurred by a highway authority in carrying out works under paragraph (1)
or (2) shall be paid to the highway authority by the Company and for the
purposes of this paragraph “costs” includes direct costs, overhead
expenses and cost of financing.
(4) If
the highway authority does not proceed with the carrying out of works under paragraph (2)
or, having begun those works, does not complete them with reasonable expedition
the Company may itself carry out the works or, as the case may require, such part
of the works as remains to be completed.
(5) Where
the Company represents to a highway authority that in order to carry out the authorized
works the temporary closure of a road or the temporary diversion of traffic
from a road is necessary or desirable, the highway authority shall with
reasonable expedition make the arrangements for such closure or diversion.
5 Temporary diversion of watercourses and public utilities
(1) Subject
to the provisions of this Article, in order to carry out the authorized works,
including the excavation and disposal of materials, the Company may temporarily
stop up, alter, divert or otherwise interfere with any watercourse, sewer,
drain, gas or water pipe, electricity cable or telegraphic line.
(2) The
powers of paragraph (1) shall not be exercised in relation to any
watercourse, sewer or drain without providing a proper substitute before
interrupting the passage of water or other matter therein, and the Company
shall be liable to pay compensation for damage caused in the exercise of the
powers aforesaid.
(3) The
powers of paragraph (1) shall not be exercised in relation to any gas or
water pipe, electricity cable or telegraphic line except in accordance with Article 12.
6 Extinguishment of roads
(1) On
and after the relevant date the several lengths of road situated within the
limits of deviation shown on the deposited plan shall be extinguished.
(2) The
relevant date referred to in paragraph (1) shall be ascertained in
accordance with the provisions of Schedule 3.
(3) This
Article and Schedule 3 shall have effect notwithstanding the provisions of
any other enactment passed before the commencement of this Law.
(4) Where,
by reason of the extinguishment of a length of road under this Law, land ceases
to be a road, that land (the fonds of the
road) shall vest in the highway authority which shall forthwith make it
available to the Company and sell it to it at such price as may be agreed
between them or, in default of agreement, as may be determined by a Board of
Arbitrators constituted in accordance with Article 9 of the Compulsory Purchase of
Land (Procedure) (Jersey) Law 1961, which Law shall then apply as if
the land were acquired by the Company under Article 3(2) of this Law and
notice had been given under Article 5(3) of the said Law of 1961.
7 Permissible limits of deviation
(1) Works
Nos. 1 to 10 shall be constructed in the lines or situations shown on the
deposited plan, but each such work may deviate from the line or situation so
shown to the extent of the limits of deviation for that work so shown.
(2) Each
of the following works shall be constructed to a height not exceeding the
height hereinafter specified in relation thereto above the datum from which the
Ordnance Survey’s Bench Mark near the east pillar of the main gate at the
entrance to St. Saviour’s Hospital from La Route de la Hougue Bie
was fixed at 53.82 metres, that is to say –
(a) the
sills of the overflow weirs forming parts of Works Nos. 1 and
3 – a height of 36 metres;
(b) the
sill of the inlet weir of the subsidiary embankment forming part of Work
No. 1 – a height of 36.055 metres;
(c) the
main dam forming part of Work No. 1 – a height of
39.6 metres;
(d) the
said subsidiary embankment – a height of 38.25 metres;
(e) the
intermediate dam, Work No. 3 – a height of 39 metres;
(f) the
raising of the existing embankment forming part of Work No. 4 –
a height of 40 metres:
Provided that on
constructing the works specified in sub-paragraphs (c) to (f),
including any wall, fence or other structure on any such work, the Company may
deviate upwards from the levels there specified to any extent not exceeding
2 metres.
8 Power to impound water[3]
Subject to Article 11
of the Water
Resources (Jersey) Law 2007, the Company may impound, appropriate and
use –
(a) water
from the catchment of the stream in Queen’s Valley which may be taken or
intercepted by means of the reservoir; and
(b) water
which belongs to the Company or which it is for the time being authorized to
take, otherwise than under this Law, which it may bring to and discharge into
the reservoir for storage therein.
9 Discharge of water
(1) Subject
to the provisions of this Article, the Company shall discharge a quantity of
water continuously and at a uniform rate from the reservoir into the stream in
Queen’s Valley –
(a) being
not less than 50,000 gallons in any period of 24 hours; or
(b) being
equivalent to the measured flow to the reservoir from its natural catchment,
whichever is the less.
(2) The
quantities referred to in paragraph (1) and in (3)(b) shall be
measured by a gauge in each case.
(3) Nothing
in this Article shall prevent or restrict the discharge of water into the
stream below the reservoir –
(a) for
the safety of the structure of the dams forming part of Works Nos. 1 and 3; and
either
(b) continuously
and at a uniform rate not exceeding 2,500,000 gallons in any period of 24
hours; or
(c) being
a quantity equivalent to the natural flow of water over the main dam overflow
weir when the reservoir is full.
(4) Any
damage or injury in the land below the main dam caused by the discharge of
water under paragraph (3) or resulting from greater discharge than the
amounts mentioned in sub-paragraphs (b) and (c) of that paragraph shall be
the subject of compensation by the Company.
10 Deposit of plan
(1) Two
copies of the plan laid before the States on 18th February 1986 were
signed for purposes of identification by the Greffier of the States and the
Managing Director of the Company on 31st December 1985.
(2) On
the commencement of this Law, one of such signed copies shall be deposited with
the Greffier of the States and the other shall be deposited with the Secretary
of the Company.
(3) The
copy deposited with the Secretary of the Company shall be made available for
inspection by the public without charge at the offices of the Company on the
days and during the hours when such offices are open to the public for the
payment of water rates.
11 Compensation
(1) Any
person –
(a) whose
property is damaged; or
(b) who
sustains damage by being disturbed in the enjoyment of any right in or over
land,
in consequence of the
exercise by the Company of its powers under this Law or the carrying out by the
Company of its duties under this Law, shall be entitled to recover compensation
from the Company in respect of that damage.
(2) Where
any dispute arises as to the amount of any compensation payable under this Article,
or as to the persons to whom it is payable, the dispute shall be determined by
arbitration.
(3) This
Article is in addition to and does not derogate from the provisions applied by Article 6(2)
of the Water (Jersey)
Law 1972.
12 Protection of public utility services
(1) In
this Article –
“protected
service” means a supply of gas, water or electricity, or a service
provided under the Telecommunications (Jersey) Law 1972, to any premises
which are not within the limits of land to be acquired shown on the deposited
plan;
“relevant
apparatus” means any pipes, mains, cables, wires, telegraphic line, or
other works or apparatus provided and maintained for the provision of a
protected service not being works or apparatus to which Article 13
applies;
“undertakers”
means any person authorized by or under any enactment to carry on an
undertaking for, or for purposes which include, the provision of a protected
service.
(2) The
Company shall not acquire any relevant apparatus under this Law otherwise than
by agreement.
(3) If
the Company acquires under this Law any land in which relevant apparatus is
situated, it shall not remove, or interrupt the operation of, that apparatus
until alternative apparatus adequate to provide the service provided by the
relevant apparatus has been provided and is in operation.
(4) If –
(a) the
Company, for the purposes of this Law, requires the removal of any relevant
apparatus and gives to the undertakers or other person owning the apparatus
notice of its requirements; or
(b) in
consequence of the exercise by the Company of the powers of this Law the
undertakers or other person owning any relevant apparatus reasonably require
its removal and replacement,
the Company shall, so far
as it is reasonably practicable to do so, afford the necessary facilities for
the provision and bringing into operation of such adequate alternative
apparatus as is mentioned in paragraph (3):
Provided that if the
Company is unable to afford such facilities the undertakers or other person
concerned shall use their best endeavours to obtain the necessary facilities in
other land.
(5) The
Company shall pay to the undertakers or other person owning any relevant
apparatus the amount by which any expenses reasonably incurred by them in connection
with any renewal or alteration of any relevant apparatus, or the provision of
any new apparatus, which may be required in consequence of the exercise of the powers
of this Law exceed the value (calculated after removal) of any relevant
apparatus for which alternative apparatus is substituted and shall pay
compensation to them for any damage caused to any relevant apparatus in the
exercise of such powers.
(6) The
temporary closure of a road under Article 4(5) shall not prevent the
undertakers concerned from obtaining access to any relevant apparatus therein
for the purpose of maintaining, inspecting, repairing, renewing or removing
that apparatus.
(7) Any
difference which may arise between the Company and any undertakers or other person
under this Article shall be referred to and determined by an arbitrator to be
appointed, in default of agreement, by the Minister.
13 Protection of local sources of water supply
(1) In
this Article –
(a) “protected
source” means any well, borehole, spring or stream, and any water supply
apparatus connected therewith, within the limits of land to be acquired shown
on the deposited plan, which is used at the commencement of this Law as an
effective source for the supply of water to premises which are not within the
said limits;
(b) “unprotected
source” means any well, borehole or spring, and any water supply
apparatus connected therewith, not within the limits of land to be acquired shown
in the deposited plan, which is used at the commencement of this Law as an
effective source for the supply of water to premises which are not within the
said limits.
(2) If
the Company acquires under this Law any land in which a protected source is situated
it shall take such steps as may be necessary to maintain the operation of that
source until an adequate alternative water supply to the premises served by the
source has been provided by the Company in accordance with the provisions of paragraph (3).
(3) If
for the purposes of paragraph (2) the Company undertakes the provision of
an alternative water supply to any premises –
(a) access
to the premises and facilities for the provision of any necessary apparatus
shall be made available to the Company without charge; and
(b) the
supply shall be provided by the Company on such terms as may be agreed, or in
default of agreement, determined by arbitration having regard to the cost of
operating the protected source and any deficiency in the supply obtained from
the source.
(4) Any
difference which may arise between the Company and the owner, lessee or
occupier of a protected source under this Article shall be referred to and
determined by an arbitrator to be appointed, in default of agreement, by the
Royal Court.
(5) Where
it can be shown that an unprotected source has as a result of the doing of the authorized
works been materially adversely affected as a source for the supply of water, paragraphs (2),
(3) and (4) shall apply as though that unprotected source was a protected
source.
14 Land and works to form part of the undertaking of the Company
All land acquired by the
Company for the purposes of the project and all works constructed by the
Company for such purposes, shall form part of the undertaking of the Company.
15 Citation
This Law may be cited as
the Queen’s Valley Reservoir (Jersey) Law 1988.
Schedule
1
(Article 2(1))
1. Work
No. 1
A reservoir formed by a
main dam across the unnamed stream in Queen’s Valley between reference
point 0569331E, 5449654N and reference point 0569509E, 5449608N and a
subsidiary embankment across the said stream between reference point 0569893E,
5450549N and reference point 0569970E, 5450574N, with a draw-off tower and
overflow weir at the main dam and an inlet weir at the subsidiary embankment.
2. Work
No. 2
A stilling pond at
reference point 0569427E, 5449518N and an outlet channel below the main dam commencing
in the said stilling pond and terminating at reference point 0569417E,
5449430N.
3. Work
No. 3
An intermediate dam across
the reservoir between reference point 0569722E, 5450156N and reference point
0569827E, 5450175N with a weir, bridge and draw-off tower.
4. Work
No. 4
A raising of the existing
embankment across the tributary stream south of St. Saviour’s Hospital
between reference point 0569700E, 5450385N and reference point 0569731E,
5450438N and, subject to the grant of such rights as may be required for that
purpose, the infilling of land upstream from the said embankment.
5. Work
No. 5
A silt pond formed partly
by excavation and partly by the subsidiary embankment (part of Work No. 1) with
inlet chambers and a bypass pipe.
6. Work
No. 6
A pumping station partly
within the downstream slope of the main dam (part of Work No. 1) at or about
reference point 0569450E, 5449570N.
7. Work
No. 7
An access road commencing
by a junction with La Rue du Moulin-de-Bas at reference point 0569407E,
5449425N, passing round the stilling pond (part of Work No. 2) and terminating
at the pumping station (Work No. 6), with parking places for vehicles.
8. Work
No. 8
An access road commencing
by a junction with La Rue des Teurs Champs at reference point 0569500E,
5449545N and terminating at the western end of the main dam (part of Work No.
1).
9. Work
No. 9
An access road commencing
by a junction with La Rue D’ava (B.28) at reference point 0569982E,
5450577N and terminating at the silt pond (Work No. 5) at reference point
0569936E, 5450609N together with an access ramp and parking places for
vehicles.
10. Work
No. 10
A track around the
reservoir and silt pond commencing at the termination of the access road (Work
No. 8) and terminating by a junction with that road at the eastern end of the
main dam, including tracks across the subsidiary embankment (part of Work No.
1) and the intermediate dam (Work No. 3).
Schedule 2
(Article 2(3)(f))
1. Make
and provide all necessary and convenient walls, banks, embankments, grout
curtains, boreholes, borrow pits, quarries, aerators, tunnels, piling, fences,
gates, gabions, culverts, drains, intakes, pumping inlets, weirs, gauges and
measuring devices, overflows, chambers, manholes, channels, roads, bridges,
footpaths and all such mains, pipes, cables, wires, lightning conductors,
instruments, aerials, machinery, works and appliances as may be required.
2. Divert,
alter, stop up and discontinue any watercourse to the extent that so much of
such watercourse will be rendered unnecessary by reason of the carrying out of
the authorized works.
3. Provide
parking places for vehicles.
4. Excavate,
remove and process, (whether by blasting or by other means) rock, soil and
sub-soil.
5. Fell,
grub up, remove and plant trees, shrubs, bushes and other vegetation.
6. Dispose
of spoil and other material and carry out landscaping.
7. Remove,
alter, divert or improve any buildings, structures, electricity cables,
telegraphic lines, gas or water pipes, drains, sewers, septic tanks, soakaways,
cesspits, manure pits, sewage pumping stations and water abstraction stations,
boreholes or water treatment plants as may be required.
8. Execute
any works for the protection of adjoining lands.
Schedule 3
(Article 6)
1. The
relevant date for the purposes of Article 6 shall be the date specified in
the advertisement referred to in paragraph 2 of this Schedule as the date on
which the lengths of road referred to in Article 6(1) are to be
extinguished and such extinguishment shall come into operation immediately on
the expiration of the previous day.
2. The
Company shall give notice of the extinguishment of such lengths of road by
publishing on one occasion not less than 14 days before the relevant date, in a
newspaper circulating in Jersey, information giving a description of the
lengths of road to be extinguished and the date on which they are to be
extinguished.
3. The
notice referred to in paragraph 2 of this Schedule shall be certified by the
Greffier of the States as being a notice published in pursuance of the
requirements of this Law.