States of Jersey Law 2005: delegation of functions – Planning and Environment – revised delegations December 2011.

Scheme of Delegation for the Minister for Planning and Environment December 2011

1.

By virtue of the power conferred on him by Article 28(1) of the States of Jersey Law 2005  the  Minister  has  delegated  to  the  Assistant  Minister  the  following  functions conferred upon or vested in him –

1.1  The lodging of a Proposition with the States Assembly in accordance with Standing Orders of the States of Jersey up to and including R&O.52/2010 – Standing Order 19(c).

1.2  Presenting of reports or comments to the States Assembly in accordance with Standing Orders  of  the  States  of  Jersey  up  to  and  including  R&O.52/2010 –  Standing Order 35(1)(b).

Where the Minister has indicated, for whatever reason, to the Assistant Minister that making any such decision is appropriate.

2.

By virtue of the power conferred on him by Article 28(1) of the States of Jersey Law 2005 and Article 9A of the Planning and Building (Jersey) Law 2002 the Minister has delegated the following functions conferred upon or vested in him –

Legislation:

Function delegated and scope of delegation:

Delegated to:

Planning and Building (Jersey) Law 2002

APPLICATIONS FOR PLANNING PERMISSION

Article 9(5) and (6)

Determining that an application has been properly made, that sufficient information is accompanying the application and that if this is not the case that the application can be refused.

• Planning Applications Panel
• Chief Officer – Planning and Environment
• Directors of Planning Development Control and Policy and Projects
• Principal Planners and Principal Historic Environment Officer
• Senior Planners and Assistant Senior Planners

Article 11(3)

Determining that an application has been publicised  in  accordance  with  the Planning  and  Building  (Application Publication) (Jersey) Order 2006.

Article 11(4)

Taking  into  account  representations received  in  connection  with  a  planning application.

Article 11(5)

Requiring evidence to demonstrate that an application  for  planning  permission  has been  publicised  or  notified  in  the appropriate manner.

Article 11(6)

Provision  of  a  copy  of  any  part  of  an application for consideration or comment.

Article 13(1)–(3)

Determination  as  to  whether  an application  for  planning  permission should be the subject of an Environmental Impact  Assessment  (EIA)  and consideration  of  applications accompanied by an EIA.

Legislation:

Function delegated and scope of delegation:

Delegated to:

Article 14

Consideration of any comments received from the relevant Highway Authority (if any)  in  respect  of  any  effect  any development that might have on highway safety.

• Planning Applications Panel
• Chief Officer – Planning and Environment
• Directors of Planning Development Control and Policy and Projects
• Principal Planners, Principal Historic Environment Officer
• Senior Planners and Assistant Senior Planners

Article 15

Consideration of any comments received from  the  Minister  for  Economic Development in respect of any effect any development might have on the harbour or airport.

Article 16

Consideration of any comments received from  the  Minister  for  Transport  and Technical Services in respect of any effect any development might have sewerage or drainage  system,  flood  defence  works, surface water issues or water quality.

Article 17

Consideration of any comments received from any Minister or other body created by  statute  who  has  an  interest  in  an application for planning permission.

Article 19 (save for paragraph (3))

Granting  of  planning  permission  either without  conditions  or  subject  to conditions following the submission of an application.

Article 19(3)

Grant of planning permission inconsistent with the Island Plan.

Planning Applications Panel

Article 20

Grant  of  planning  permission  for development  already  undertaken following  the  submission  of  an application.

Grant  planning  permission  for  a development that does not accord with a condition attached to a previously granted planning permission.

• Planning Applications Panel
• Chief Officer – Planning and Environment
• Directors of Planning Development Control and Policy and Projects
• Principal Planners and Principal Historic Environment Officer
• Senior Planners and Assistant Senior Planners

Article 21

Variation  of  a  condition  attached  to  a previously  granted  planning  permission following  an  application  to  vary  the condition.

Article 22

The  giving  of  reasons  for  the  grant  or refusal  of  an  application  for  planning permission.

Article 23

The attaching of appropriate conditions to any grant of planning permission.

Article 26

Termination  of  a  planning  permission which  has  been  commenced  but  not completed by reference to time limit.

Article 28

Provision of a certificate of completion of a development.

Legislation:

Function delegated and scope of delegation:

Delegated to:

APPLICATIONS FOR BUILDING PERMISSION (BUILDING BYE-LAWS APPROVAL)

Article 34(4)

Refusal  of  an  application  for  building permission  on  the  basis  of  appropriate details not being submitted.

• Chief Officer – Planning and Environment
• Director of Building Control

Article 35(2)

Granting  of  Building  permission  that  is inconsistent with the Building Bye-Laws.

Article 35(3) and (4)

Granting  or  refusal  of  Building Permission (Building Bye-Laws)

• Chief Officer – Planning and Environment
• Director of Building Control
• Directors of Planning Development Control and Planning Policy and Projects
• Principal Building Control Surveyors
• Senior Building Control Surveyors
• Building Control Surveyors

Article 36

Giving  of  reasons  for  the  refusal  of building permission (Bye-Laws).

Article 35(2)

Granting  of  building  permission  that  is inconsistent with the Building Bye-Laws.

• Chief Officer – Planning and Environment
• Director of Building Control

ENFORCEMENT OF PLANNING AND BUILDING CONTROLS

Article 40

Service of an Enforcement Notice where there has been a breach of Development Controls (Planning Controls and Building Controls).

• Planning Applications Panel
• Chief Officer – Planning and Environment
• Directors of Building Control; Planning Development Control and Planning Policy and Projects
• Principal Planners, Principal Historic Environment Officer and Principal Building Control Surveyors

Article 42

Variation  or  withdrawal  of  an Enforcement Notice.

Article 45

Service, alteration or withdrawal of a Stop Notice.

Article 47

Service  of  an  Enforcement  Notice  in respect  of  non-compliance  with  a condition  attached  to  a  planning  or building permission.

SITES OF SPECIAL INTEREST

Article 51

Maintenance of a List of Sites of Special Interest.

• Chief Officer – Planning and Environment
• Director of Planning
• Assistant Directors of Planning
• Principal Planners, Principal Historic Environment Officer
• Director of Environment
• Director, Environmental Management and Rural Economy
• Principal Ecologist

Article 52

Adding or removing of a building or place on the List of Sites of Special Interest.

Article 53

Provisional Listing of a building or place.

Legislation:

Function delegated and scope of delegation:

Delegated to:

Article 54(2)(a)

Grant of permission to carry out works to an  SSI  which  whilst  not  amounting  to development would affect the character of the SSI.

• Planning Applications Panel
• Chief Officer – Planning and Environment
• Directors of Planning Development Control and Policy and Projects
• Principal Planners, Principal Historic Environment Officer
• Senior Planners and Assistant Senior Planners
• Director of Environment
• Director, Environmental Management and Rural Economy
• Principal Ecologist

Article 55(3)

This relates to allowing activities which are restricted on SSIs.

• Planning Applications Panel
• Chief Officer – Planning and Environment

In relation to those activities indicated in Article 55(1)(a)

and (b) –

• Directors of Planning Development Control and Policy and Projects
• Principal Historic Environment Officer

In relation to those activities indicated in Article 55(1)(c) (relating to those activities stipulated in Article 55(2))

• Director of Environment
• Director, Environmental Management and Rural Economy
• Principal Ecologist

PROTECTED TREES

Article 58

Maintenance of a List of Protected Trees.

• Planning Applications Panel
• Chief Officer – Planning and Environment
• Directors of Planning Development Control and Policy and Projects
• Principal Planners and Principal Historic Environment Officer
• Senior Planners and Assistant Senior Planners
• Director of Environment
• Director Environmental Management and Rural Economy
• Principal Ecologist

Article 59

Adding or removing a tree on the List of Protected Trees.

Article 60

Provisional listing of trees.

Article 61(1)(a)

Grant of permission to carry out works to a Protected Tree.

Legislation:

Function delegated and scope of delegation:

Delegated to:

DANGEROUS STRUCTURES

Article 66

Serving of a dangerous buildings notice.

• Chief Officer – Planning and Environment
• Directors of Planning Development Control and Planning Policy and Projects and Building Control
• Principal Building Control Surveyors
• Senior Building Control Surveyors
• Building Control Surveyors

Article 68

Variation  or  withdrawal  of  a  dangerous building notice.

Article 71

Immediate  action  to  ensure  safety  of  a building.

This includes powers of entry to carry out any such works.

PLANNING OBLIGATION AGREEMENTS

Article 25

Entering into a Planning Obligation and modifying or discharging all or part of the obligations of that Agreement.

• Chief Officer – Planning and Environment
• Directors of Planning and Development Control and Planning Policy and Projects

CARAVANS

Article 99

Permission to import a caravan, camper- van  or  any  other  vehicle with sleeping, etc. accommodation.

• Planning Applications Panel
• Chief Officer – Planning and Environment
• Directors of Planning Development Control and Policy and Projects
• Principal Planners and Principal Historic Environment Officer
• Senior Planners and Assistant Senior Planners
• Enforcement Officers

Article 101

Attaching of conditions to the importation of a caravan, etc.

ENVIRONMENTAL IMPACT ASSESSMENTS

Planning and Building (Environmental Impact) (Jersey) Order 2006

Article 3

Whether  an  environmental  impact statement is required.

• Chief Officer – Planning and Environment
• Directors of Planning Development Control and Planning Policy and Projects
• Principal Planners Development Control

Article 4

What information (the Scope) should be provided  in  an  environmental  impact statement.

Legislation:

Function delegated and scope of delegation:

Delegated to:

PUBLICITY FOR PLANNING APPLICATIONS

Planning and Building (Application Publication) (Jersey) Order 2006

All of the powers and responsibilities conferred in the Minister

Powers  relating  to  the  publicising  of applications  for  planning  permission including extending the publicity period for  more  than  21 days  and re-advertising a proposal.

• Chief Officer – Planning and Environment
• Directors of Planning

Development Control and Policy

and Projects

• Principal Planners and Principal Historic Environment Officer
• Senior Planners and Assistant Senior Planners

PUBLIC INQUIRIES (FOR INFORMATION)

Planning and Building (Public Inquiries) (Jersey) Order 2008

No powers delegated.

MOVEABLE STRUCTURES

Planning and Building (Moveable Structures) (Jersey) Order 2006 (after Article 81 of the Planning and Building (Jersey) Law 2002)

All the functions conferred upon or vested in the Minister.

Grant  of  permission  for  a  moveable structure  (as  defined  by  the  Order), attachment  of  conditions  on  a  grant  of permission  and  allowing  retrospective permission.

• Chief Officer – Planning and Environment
• Directors of Planning Development Control and Policy and Projects
• Principal Planners and Principal Historic Environment Officer
• Senior Planners and Assistant Senior Planners

CONTROL OF ADVERTISEMENTS

Planning and Building (Display of Advertisements) (Jersey) Order 2006 (after Article 76 of the Planning and Building (Jersey) Law 2002)

All the functions conferred upon or vested in the Minister

Grant of permission for an advertisement, attachment  of  conditions  on  a  grant  of permission  and  allowing  retrospective permission.

• Planning Applications Panel
• Chief Officer – Planning and Environment
• Directors of Planning Development Control and Policy and Projects
• Principal Planners and Principal Historic Environment Officer
• Senior Planners and Assistant Senior Planners

Legislation:

Function delegated and scope of delegation:

Delegated to:

HIGH HEDGES

By virtue of the power conferred on him by Article 28(1) of the States of Jersey Law 2005 and subject to the conditions set out below, the Minister has delegated the functions conferred upon or vested in him under –

High Hedges (Jersey) Law 2008

Article 6

Whether a complainant has taken steps to resolve  the  situation,  whether  the complaint  is  frivolous  or  vexatious  or whether the complaint is justified.

• Chief Officer – Planning and Environment
• Directors of Planning Development Control and Policy and Projects
• Principal Planners
• Senior Planners and Assistant Senior Planners

NOTE – the Planning Applications Panel do not have any powers to determine High Hedges applications as neither the States of Jersey Law 2005 nor the High Hedges (Jersey) Law 2008 allow for such a delegation

Article 7

Issuing  of  a  Remedial  Notice,  provided that the owner of the hedge has not made any representation in connection with the Complaint.

Article 9

Withdrawal  of  a  Remedial  Notice  and issuing  of  an  amended  Notice  if appropriate.

The conditions

1.  Authorized Officers refer to those Officers indicated in the table above.

2.  Proposals which, if approved, would involve a Departure from the Island Plan, any guidelines or policies published in accordance with Article 6 of the Planning and Building (Jersey) Law 2002 or any other approved planning policy or Ministerial Guidance may only be considered by the Planning Applications Panel (PAP) and where, in its opinion, there are good grounds to consider approving the application it may grant such a permission.

3.  Where the Planning Applications Panel is minded to reach a decision on an application which is fundamentally contrary to the Department's recommendation, the decision will not be taken at that meeting, but referred to the Minister, who may seek further information, issue advice to the Panel, or decide the application him/herself (after Ministerial Decision MD-PE- 2006-0012).

4.  Neither the Planning Applications Panel, nor any authorized officer, will make any decision or otherwise exercise any function in any case in which the Minister has given notice that he wishes to make the decision or exercise the function himself. Such indication may be given at any stage prior to the making of the decision or exercise of the function in pursuance of the delegated powers.

5.  Where it is considered beneficial, the Minister may sit with the Planning Applications Panel.

6.  In relation to all powers indicated above – save for those in relation to the Building Bye- Laws, dangerous structures and caravans – all decisions made by an authorized officer will be made on the basis of a recommendation from another Officer. Any such recommendation shall be made in writing and must identify all the material considerations relevant to the decision to be taken or the action to be taken.

7.  In  considering  applications  for  planning  permission,  authorized  officers  may  determine applications where representations have been received where those representations have been accommodated by revisions to the application or by the imposition of relevant conditions.

8.  In  considering  applications  for  planning  permission,  authorized  officers  may  determine

Legislation:

Function delegated and scope of delegation:

Delegated to:

applications where representations have been received from 3 or less individuals, where each individual appears to be from a separate address – when the representations are contrary to the recommendation.

9.  In deciding whether to include a building or place on a List of Sites of Special Interest, authorized  officers  may  take  a  decision  when  representations  have  been  received  in connection with the process but where those representations not material in considering whether to include the building or place on any List.

10.  In  deciding  whether  to  include  a  tree  or  group  of  trees  on  a  List  of  Protected  Trees, authorized  officers  may  take  a  decision  when  representations  have  been  received  in connection with the process but where those representations are not material in considering whether to include the tree or group of trees on a List.

11.  In deciding an application and any requirement for remedial action in connection with a submission under the High Hedges (Jersey) Law 2008, authorized officers may only make a decision when representations have not been received from the owner of the hedge that is the subject of the application.

Legislation:

Function delegated and scope of delegation:

Delegated to:

Animal Welfare (Jersey) Law 2004

(including Animal Welfare (Amendment) (Jersey) Law 2006)

Subordinate:

• Animal Welfare (Amendment of Schedule 1) (Jersey) Order 2007
• Animal Welfare (Temporary Licensing Exemptions) (Jersey) Order 2007
• Animal Welfare (Licence Fee) (Jersey) Order 2008
• Animal Welfare (Poisons) (Jersey) Order 2007

• A Law to consolidate and revise the laws promoting the welfare of animals and the prevention of suffering by animals, to regulate the keeping and use of animals, and for connected purposes.

• The Law defines the Veterinary Officer according to the definition given under the Diseases of Animals (Jersey) Law 1956. The Appointed Veterinary Officer (or their appointed Deputy under Part 2, Article 2 of the 1956 Law) has delegated powers under all Orders and is empowered to perform all duties relating to veterinary matters (Article 2, 3, 4, 5, 6, 7).

• Additional delegated powers are requested for appointment as Inspector is required in accordance with Article 22 to carry out licensing visits or enter premises licensed in accordance with Articles 14 or 15 of the Law.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment

For the purposes of administration, inspection and enforcement:

• States Veterinary Assistant
• Standby Officers (4)
• Head of Agricultural Inspection
• Agricultural Inspectors (4)

For the purposes of inspection and enforcement of suspected offences (not licensing):

• JSPCA Veterinary Officer

Legislation:

Function delegated and scope of delegation:

Delegated to:

The Animal Welfare (Amendment) (Jersey) Law 2006 amends the Animal Welfare (Jersey) Law 2004 to restrict the powers of an inspector appointed under Article 22 prohibiting them from exercising functions in relation to licensing if the licensed activity is also undertaken by the inspector or his/her employers. JSPCA veterinary surgeon to be appointed inspector for purposes of warrant application and inspection outwith licensed premises of same type as JSPCA.

Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974

• A Law to control sales and leases of agricultural land.

Delegated powers are requested under –

• Article 2 – The issuing of consents and permissions on agricultural land at the point of sale or leases using longstanding terms of reference. Decisions not within TOR are referred to the Minister.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• Director of Environmental Management and Rural Economy
• Land and Horticultural Development Manager
• Land Controls and Planning Officer
• Projects and Compliance Officer (for monitoring and enforcement)

Agricultural Marketing (Jersey) Law 1953

Subordinate:

• Export of Agricultural Produce (Jersey) Order 1972
• Potatoes (Precautions against Blight) (Jersey) Order 1961
• Export of Flowers (Jersey) Order 1972

• A Law to provide for the control of the marketing of agricultural produce by control of production and by other means, to empower the States to approve schemes for this purpose and to provide for other matters incidental thereto.

• Delegated powers are requested for the administration, inspection and enforcement for the 3 pieces of subordinate legislation to ensure export produce adheres to certain standards and that crops are disease-free. This allows Jersey to trade with Europe.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• Assistant Director – Environmental Protection
• Director of Environmental Management and Rural Economy

For the purposes of administration,

Legislation:

Function delegated and scope of delegation:

Delegated to:

inspection and enforcement:

• Head of Agricultural Inspection
• Agricultural Inspectors (4)

Animals (Trapping) (Jersey) Law 1961

Subordinate:

• Spring Traps (Approval) (Jersey) Order 1996
• Small Ground Vermin Traps (Jersey) Order 1961

A Law to define approved traps and to regulate and enforce their appropriate use.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of

Environment

• Principal Ecologist
• States Veterinary Officer

Artificial Insemination of Domestic Animals (Jersey) Law 1952

Subordinate:

• Artificial Insemination of Domestic Animals (Jersey) Order 2008
• Artificial Insemination of Domestic Animals (Bovine Semen) (Jersey) Order 2008

• Licences to those wishing to collect, store, distribute or sell the semen from any male domestic animal (Article 2).

• Licences to persons wishing to import (other than cattle) or export the embryos, ova or semen of domestic animals and to export (including cattle) as above (Article 3).

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• States Veterinary

Officer

For the purposes of enforcement and inspection:

• States Veterinary Assistant
• Head of Agricultural Inspection
• Agricultural Inspectors (4)

Conservation of Wildlife (Jersey) Law 2000

• A Law to protect scheduled wild animals and birds and their nest or dens from death, damage or disturbance.

• Article 16 allows for the licensing of normally prohibited activities under the following Articles 6, 8, 9, 10 11, 15 prohibitions –
• 6 – Relating to dens and nests, etc. of protected wild animals and protected wild birds
• 8 – Keeping, etc. of protected wild animals and protected wild birds

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment

• Director of Environmental Management and Rural Economy
• Principal Ecologist

For the purposes of enforcement:

• Natural Environment Officer (5)

Legislation:

Function delegated and scope of delegation:

Delegated to:

• 9 – Certain methods of killing or taking wild birds
• 10 – Certain methods of killing or taking wild animals (no licences have ever been issued for 9 and 10)
• 11 – Export of certain reptiles and amphibians
• 15 – Release, etc. of imported species (specifically includes Pheasants and Partridges)

Licences may only be issued if the thing to be done is for scientific, research, educational purposes (e.g. ringing, marking, tracking, preserving public health or public or air safety, the re-introduction of a species, the purpose of conservation or prevention of the spread of diseases, preventing serious damage to livestock and crops, AND

there is no other satisfactory solution and that anything authorized by the licence will not be detrimental to the survival of the population concerned'.

• Delegated powers are also required under Article 18 for enforcement activities

Research Ecologist

Dangerous Wild Animals (Jersey) Law 1999

This Law provides a licensing requirement to keep a scheduled animal (Article 3).

Administration of this Law is delegated to the States Veterinary Officer who will seek advice at his/her discretion.

(Note: Only one licence has been issued under the Law.)

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment

• States Veterinary Officer

For the purposes of enforcement and inspection:

• States Veterinary Assistant
• Head of Agricultural Inspection
• Agricultural Inspectors (4)

Legislation:

Function delegated and scope of delegation:

Delegated to:

Diseases of Animals (Jersey) Law 1956

Subordinate:

• Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958
• Diseases of Animals (Approved Disinfectants) (Jersey) Order 1958
• Diseases of Animals (Importation of Live Fish)

(Jersey) Order 1984

• Importation of Equine Animals (Jersey) Order 1958
• Importation of Equine Animals (African Horse Sickness) (Prohibition) (Jersey) Order 1961
• Bee Diseases (Control) (Jersey) Order 1992
• Diseases of Animals (Bees) (Jersey) Order 2003
• Diseases of Animals (Miscellaneous Provisions) (Jersey) Order 1958
• Export Quarantine Stations (Regulation) (Jersey) Order

1958

• Diseases of Animals (Waste Foods) (Jersey) Order 1958
• Diseases of Animals (Welfare in Transit) (Jersey) Order 2001
• Rabies (Importation of Dogs, Cats and Other Mammals) (Jersey) Order 1976
• Diseases of Animals (Pigs, Goats and Sheep Registration, Identification and Movement) (Jersey) Order 2007

The Appointed Veterinary Officer (under Part 2, Article 2 of the Law) has delegated powers under all Orders and is empowered to perform all duties relating to veterinary matters (Article 2, 3, 4, 5, 6, 7).

• Licences are issued under delegated powers.
• The Minister is advised of the outbreak of any notifiable disease.

Notifiable Disease Orders Anthrax (Jersey) Order 1958 Aujeszky's Disease (Jersey) Order 1984

Diseases of Animals (Avian Influenza) (Jersey) Order 2005 Diseases of Animals (Bluetongue) (Jersey) Order 2006

Bovine Spongiform Encephalopathy (Jersey) Order 1988

Cattle Plague (Jersey) Order 1958

Contagious Abortion (Jersey) Order 1958

Enzootic Bovine Leucosis Disease (Jersey) Order 1984

Epizootic Lymphangitis (Jersey) Order 1958

Foot-and-Mouth Disease (Jersey) Order 1958

Fowl Pest (Jersey) Order 1958 Fowl Typhoid (Jersey) Order 1959

Glanders or Farcy (Jersey) Order 1958

Virus Hepatitis (Jersey) Order 1958

Parasitic Mange (Jersey) Order 1958

Pleuro-Pneumonia (Jersey) Order 1958

Psittacosis (Jersey) Order 1958 Rabies (Control) (Jersey) Order 1976

Sheep-Pox (Jersey) Order 1958 Sheep Scab (Jersey) Order 1958 Swine Fever (Jersey) Order 1958

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• Director of Environmental Management and Rural Economy

For the purposes of enforcement and inspection to report information to SVO

• States Veterinary Assistant
• Head of Agricultural Inspection
• Agricultural Inspectors (4)
• Standby Officers (4)
• Assistant Director – Environmental Protection
• Dairy and Livestock

Adviser

• Horticultural Adviser
• Principal Ecologist
• Head of Plant Health
• Laboratory Manager

Legislation:

Function delegated and scope of delegation:

Delegated to:

Swine Vesicular Disease (Jersey) Order 1974

Teschen Disease (Jersey) Order 1975

Tuberculosis (Jersey) Order 1958 Warble Fly (Jersey) Order 1984

European Communities Legislation (Implementation) (Jersey) Law 1996

Subordinate:

• Fish Health (Jersey) Regulations 1999
• Community Provisions (Mortality in Oysters) (Jersey) Regulations 2010

• To ensure the health of aquaculture animals and aquaculture products in order to prevent the spread of disease.

• Regulation, enforcement and inspections are carried out by States Veterinary Officer or his/her assistants.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of

Environment

• States Veterinary Officer

For the purposes of enforcement and inspection

• States Veterinary Assistant
• Head of Agricultural Inspection
• Agricultural Inspectors (4)
• Standby Officers (4)
• Senior Fisheries Inspector
• Fisheries Officer – Research and Development
• Sea Fisheries Officers (3)

 Community Provisions (Animal Feeding) (Jersey) Regulations 2005

• Regulations to ensure the prevention, control and eradication of certain transmissible spongiform encephalopathies.

• Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• States Veterinary

Officer

For the purposes of enforcement and inspection

• States Veterinary Assistant
• Head of Agricultural Inspection
• Agricultural Inspectors (4)

Legislation:

Function delegated and scope of delegation:

Delegated to:

 Non-Commercial Movement of Pet Animals (Jersey) Regulations 2006

• Regulate the movement of pet animals arriving from outside the British Isles entering Jersey from the EU and non-EU listed countries and territories.

• Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• Director of Environmental Management and Rural Economy
• States Veterinary

Officer

For the purposes of enforcement and inspection

• States Veterinary Assistant
• Standby Officers (4)

 European Communities Legislation (Bluetongue) (Jersey) Regulations 2008

Regulate the controls, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue.

Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.

Assistant Minister

• Chief Officer, Planning and Environment
• Director of Environment
• Director of Environmental Management and Rural Economy
• States Veterinary

Officer

For the purposes of enforcement/inspection

• States Veterinary Assistant
• Standby Officers (4)
• Head of Agricultural Inspection
• Agricultural Inspectors (4)
• Dairy and Livestock

Adviser

 Community Provisions (Bovine Embryos) (Jersey) Regulations 2010

Regulates the trade in bovine embryos with Member States and controls the importation of bovine embryos from third countries. Approve embryo collection teams, including laboratories, embryo

Assistant Minister

• Chief Officer, Planning and Environment
• Director of Environment

Legislation:

Function delegated and scope of delegation:

Delegated to:

production teams and storage facilities for trade.

Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.

• Director of Environmental Management and Rural Economy
• States Veterinary Officer

For the purposes of enforcement and inspection

• States Veterinary Assistant

Head of Agricultural Inspection

• Agricultural Inspectors (4)

Fertilisers and Feeding Stuffs (Jersey) Law 1950

Subordinate:

 Fertilizers and Feeding Stuffs (Jersey) Order 1972

A Law to make provision with respect to the sale of fertilizers and feeding stuffs in the Island and their contents which must not have animal extracts within them.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• Director of Environmental Management and Rural Economy
• States Veterinary

Officer

For the purposes of enforcement and inspection

• States Veterinary Assistant
• Head of Agricultural Inspection
• Agricultural Inspectors (4)

Food and Environment Protection Act 1985 (Jersey) Order 1987

Food and Environment Protection Act 1985 (Jersey) (Amendment) Order 1997

• To authorize the issue of licences for the deposit of substances at sea (Article 5 of 1987 order), e.g. dredge spoil from maintenance dredging of the harbours, burials at sea.

• Detailed protocols establish the procedures and fees for each class of deposit together with lists of compulsory consultees.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment

Legislation:

Function delegated and scope of delegation:

Delegated to:

Pesticides (Jersey) Law 1991

Subordinate:

• Pesticides (Maximum Residue Levels in Food) (Jersey) Order 1991
• Pesticides (General Provisions) (Jersey) Order 1991

• To regulate the use of pesticides.

• Delegated powers are requested for Article 4 which outlines the enforcement provisions.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• Director of Environmental Management and Rural Economy
• Assistant Director –

Environmental Protection

For the purposes of enforcement:

• Head of Agricultural Inspection
• Agricultural – Environmental Specialists
• Agricultural Inspectors (4)

Planning and Building (Jersey) Law 2002

Permission to carry out activities on SSI land (Article 55), e.g. permission for the TA to carry out exercises, utilities maintenance, etc.

• Permission to allow use of public land by Clubs and Associations, e.g. by the Jersey Rifle Club, who close Les Landes SSI 6 times annually for firing purposes.

• Provisional listing (for 3 months only) of SSIs under Article 53 in the case of extreme threat to an area of SSI quality.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• Director of Environmental Management and Rural Economy

Plant Health (Jersey) Law 2003

Subordinate:

• Stem and Bulb Eelworm (Jersey) Order 1971
• Blight Disease (Jersey) Order 1982
• Plant Health (Jersey) Order 2005

• Issuance of plant passports – Article 18 of the Plant Health Order.

• Registration of growers, propagators or traders (Article 19 of the Plant Health Order) and keeping of the register (Article 20 of the Plant Health Order).

• Delegated powers are requested

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• Director of Environmental Management and Rural Economy
• Assistant Director –

Legislation:

Function delegated and scope of delegation:

Delegated to:

for inspection and enforcement functions under Articles 24–31 of the Plant Health Order.

Issuance of licences – Article 34 of the Plant Health Order.

Environmental Protection

• Plant Pathologist
• Entomologist

For the purposes of enforcement and inspection:

• Head of Agricultural Inspection
• Agricultural Inspectors (4)

Protection of Agricultural Land (Jersey) Law 1964

• This Law is to protect the spoilation' of agricultural land from contamination, neglect the removal of surface soil or any misuse.

• Under Article 4(2), consents and permissions can be issued for prohibited activities to be carried out on agricultural land.

• For the purposes of inspection and enforcement, delegated powers of entry are requested (Article 3) as are the powers to obtain information (Article 5).

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• Director of Environmental Management and Rural Economy
• Horticultural Adviser
• Statutory Services Officer
• Principal Ecologist Land and Horticultural Development Manager Land Controls and Planning Officer.

For the purposes of enforcement, inspection or to obtain information:

• Head of Agricultural Inspection
• Agricultural Inspectors (4)
• Projects and Compliance Officer

Slaughter of Animals (Jersey) Law 1962

• The SVO issues slaughterers licences under delegated powers (Article 4).

• The slaughterhouse is supervised by the Superintendent (Article 2).

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• States Veterinary Officer

Legislation:

Function delegated and scope of delegation:

Delegated to:

Waste Management (Jersey) Law 2005

• A Law to:

1. Control the transboundary shipment of wastes to, from, and through Jersey.
2. Control the movements of hazardous and healthcare wastes in Jersey.
3. Allow for the licensing of waste management facilities and the registration of certain carriers in Jersey.

• All administration of:

Part 1 – INTRODUCTORY PROVISIONS (Articles 1 to 9) Part 2 – ADMINISTRATION (Articles 10 to 22)

Part 3 – WASTE MANAGEMENT WITHIN THE ISLAND

• Licensing of Operations (Articles 23 to 37)
• Registration of Waste Carriers (Articles 38 to 48)
• Internal Movements (Articles 49 to 52)
• Other Provisions (Articles 53 to 56).

Part 4 – TRANSBOUNDARY MOVEMENTS OF WASTE

• Introductory Provisions (Articles 57 to 63)
• Export of Waste (Articles 64 to

67)

• Import of Waste (Articles 68 to 69)
• Waste in Transit (Articles 70 to 71)
• Illegal Traffic (Articles 72 to 75)
• Other Provisions (Articles 76 to 81)

Part 5 – ENFORCEMENT (Articles 82 to 93)

Part 6 – OTHER PROVISIONS (Articles 94 to 113)

Any further responsibilities under Schedules 1 to 11.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• Assistant Director – Environmental Protection
• Head of Waste Regulation

In addition for enforcement (Part 5):

• Environmental Protection Officers
• Environmental Protection Support Officer
• Head of Agricultural Inspection
• Agricultural Inspectors

Legislation:

Function delegated and scope of delegation:

Delegated to:

Water Pollution (Jersey) Law 2000

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; the monitoring and the classification of waters; the setting of quality objectives for classified waters; administrative, regulatory, preventive and remedial measures; and related purposes.

• Delegated powers are requested for the issuance of discharge permits and the publishing of notices and consultation before considering applications relating to Discharge Permits (Article 10).
• Special regard to the issuance of discharge permits will be given relating to high risk substances (Article 19(1)).
• Consideration of Discharge Permits (Article 21).
• Conditions attached to Discharge permits (Article 22).
• Procedure for varying or revoking Discharge Permits (Article 23).
• Procedure for suspension of Discharge Permits (Article 24).
• Consideration of transfer of Discharge permits (Article 25).
• Procedure for notification of decisions relating to Discharge Permits (Article 27 with the exception of paragraph (1)(c)).

Delegated powers are requested for the purposes of enforcement (under Article 29) and –

• Access to documents relevant to Law (Article 34);
• Requirement to produce information relating to potentially polluting matter (Article 35);
• Requirement for precautions to be taken to prevent pollution (Article 36);

Legislation:

Function delegated and scope of delegation:

Delegated to:

• Requirement for polluters to eliminate and remediate pollution (Article 37);
• The procedure to be adopted in respect of Articles 36–37

(Article 38);

• Ability of the Department to take remedial action in respect of Articles 36 and 37 (Article 39(1));
• Transitional provisions in respect of Discharge Permits (Schedule 5).

Water (Jersey) Law 1972

Jersey Water must provide wholesome water' (Article 9).

Enforcement of standards are performed by officers.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• Assistant Director – Environmental Protection

For the purposes of enforcement:

• Environmental Protection Officer (5)
• Environmental Protection Support Officer

Weeds (Jersey) Law 1961

A Law to provide for preventing the spreading of injurious weeds.

Delegated powers are requested for enforcement activities to prevent the spreading of injurious weeds (Article 2) performed by the Inspectorate.

• Assistant Minister
• Chief Officer, Planning and Environment
• Director of Environment
• Assistant Director of Environmental Management and Rural Economy

*In addition for enforcement:

• Assistant Director – Environmental Protection
• Head of Agricultural Inspection
• Agricultural Inspectors (4)

Legislation:

Function delegated and scope of delegation:

Delegated to:

Water Resources (Jersey) Law 2007

A Law to provide for the protection, management and regulation of water resources in Jersey; the promotion of the conservation of the fauna and flora that are dependent on inland waters and of the habitats of such fauna and flora to the extent that those habitats are themselves dependent on inland waters; the conservation and enhancement of the natural beauty and amenity of inland waters; and for related purposes.

Assistant Minister

• Chief Officer, Planning and Environment
• Director of Environment
• Assistant Director – Environmental Protection
• Head of Water Resources
• Hydrogeologist

For the purposes of enforcement

• Environmental Protection Officer (5)
• Environmental Protection Support Officer