States Assembly | R-93-2012

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STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – PLANNING AND ENVIRONMENT – JULY 2012 REVISED DELEGATIONS

Presented to the States on 23rd July 2012 by the Minister for Planning and Environment

STATES GREFFE

2012 Price code: C R.93

REPORT

On 16th July 2012, the Minister for Planning and Environment made a Ministerial Decision delegating certain of his functions under Article 28 of the States of Jersey Law 2005 (MD-PE-2012-0076, available at www.gov.je).

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an officer.

The Law states, inter alia –

"28 Power of Minister to delegate functions

A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

one of his or her Assistant Ministers;
an officer.

A Minister shall not delegate –
1. any power to make an enactment;
2. any power to decide an appeal under an enactment;
3. any function the delegation of which is prohibited by an enactment.
The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.
Where any licence, permit or authorization is granted in purported exercise of functions delegated under paragraph (1), no criminal proceedings shall lie against any person for any act done, or omitted to be done, in good faith and in accordance with the terms of the licence, permit or authorization, by reason that the functions had not been delegated, or that any requirement attached to the delegation of the functions had not been complied with.
In this Article –

"Minister" includes the Chief Minister;

"officer" means a States' employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005 and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.

The States may by Regulations amend the definition "officer" in paragraph (5)."

The terms of the delegations, and the legislation under which those delegations were made, were recorded in a Report attached to the Ministerial Decision, as shown below –

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Scheme of Delegation for the Minister for Planning and Environment July 2012

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:

The lodging of a Proposition "au Greffe" in accordance with the Standing Orders of the States of Jersey (Standing Order 19(c) refers).
The presentation of Reports or Comments to the States Assembly in accordance with the Standing Orders of the States of Jersey (Standing Order 35(1)(b) refers).
Where the Minister has indicated, for whatever reason, to the Assistant Minister that making any such decision is appropriate.

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	Detail/Involves	Delegated to whom
Planning and Building (Jersey) Law 2002
APPLICATIONS FOR PLANNING PERMISSION
Article 9(5) Article 9(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 and 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 publicized 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 publicized 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) Article 13(2) Article 13(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	Detail/Involves	Delegated to whom
Article 14	Consideration of any comments received from the relevant Highway Authority (if any) in respect of any effect any development might have on highway safety.	Planning Applications Panel Chief Officer – Planning and Environment Directors of Planning and 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 harbours 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 on the sewerage or drainage systems, 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 Article 19(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 a development already undertaken following the submission of an application. Grant of 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 and Development Control and Policy and Projects Principal Planners, 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	Detail/Involves	Delegated to whom
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)&(4)	Granting or refusal of building permission (Building Bye-Laws).	Chief Officer – Planning and Environment Director of Building Control Directors of Planning and 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 (Building Bye-Laws).
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 and 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
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	Detail/Involves	Delegated to whom
		Director, Environmental Management and Rural Economy Principal Ecologist
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 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 and 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 Principal Planners, Principal Historic Environment Officer Senior Planners and
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	Detail/Involves	Delegated to whom
		Assistant Senior Planners Director of Environment Director, Environmental Management and Rural Economy Principal Ecologist
DANGEROUS STRUCTURES
Article 66	Serving of a dangerous building notice.	Chief Officer – Planning and Environment Directors of Planning and Development Control, 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, campervan or any other vehicle with sleeping accommodation, etc.	Planning Applications Panel Chief Officer – Planning and Environment Directors of Planning and Development Control and Planning 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.

Legislation	Detail/Involves	Delegated to whom
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 and 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.
PUBLICITY FOR PLANNING APPLICATIONS
Planning and Building (Application Publication) (Jersey) Order 2006
All of the powers and responsibilities conferred on the Minister	Powers relating to the publicizing 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 and Development Control and Policy and Projects Principal Planners, 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 (in pursuance of 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 and Development Control and Policy and Projects Principal Planners, Principal Historic Environment Officer Senior Planners and Assistant Senior Planners

Legislation	Detail/Involves	Delegated to whom
CONTROL OF ADVERTISEMENTS
Planning and Building (Display of Advertisements) (Jersey) Order 2006 (in pursuance of 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 and Development Control and Policy and Projects Principal Planners, Principal Historic Environment Officer Senior Planners and Assistant Senior Planners
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 and 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

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

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. (Ministerial Decision MD-PE-2006-0012 refers.)
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.
Where it is considered beneficial, the Minister may sit with the Planning Applications Panel.
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.
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.
In considering applications for planning permission, authorized officers may determine 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.
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 are not material in considering whether to include the building or place on any List.
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.

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.

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

Legislation

Detail/Involves

Delegated to whom

Animal Welfare (Jersey) Law 2004

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 (Articles 2, 3, 4, 5, 6 and 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.

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.

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 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

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

Legislation	Detail/Involves	Delegated to whom
	the terms of reference are referred to the Minister.	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 that 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, 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	Licences to those wishing to collect, store, distribute or sell the semen from any male domestic animal (Article 2).	Assistant Minister Chief Officer, Planning and Environment

Legislation

Detail/Involves

Delegated to whom

Subordinate

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

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).

Director of Environment
States Veterinary Officer

For the purposes of enforcement/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 Articles 6, 8, 9, 10, 11 and 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
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 or 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 the prevention of the spread of diseases, preventing serious damage to livestock and crops, AND

there is no other satisfactory solution and that anything

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)
Research Ecologist

Legislation	Detail/Involves	Delegated to whom
	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 (Article 18)
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/inspection States Veterinary Assistant Head of Agricultural Inspection Agricultural Inspectors (4)
Diseases of Animals (Jersey) Law 1956 Subordinate 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	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 (Articles 2, 3, 4, 5, 6 and 7). Licences are issued under delegated powers. The Minister is advised of the outbreak of any notifiable disease.	Assistant Minister Chief Officer, Planning and Environment Director of Environment Director of Environmental Management and Rural Economy For the purposes of enforcement/inspection to report information to SVO States Veterinary Assistant Head of Agricultural Inspection Agricultural Inspectors (4) Standby Officers (4) Assistant Director –

Legislation

Detail/Involves

Delegated to whom

Diseases of Animals (Waste Foods) (Jersey) Order 1958
Diseases of Animals (Welfare in Transit) (Jersey) Order 2001
Diseases of Animals (Pigs, Goats and Sheep Registration, Identification and Movement) (Jersey) Order 2007
Diseases of Animals (Rabies) (Importation of Mammals) (Jersey) Order 2011
Diseases of Animals (Non- Rabies) (Importation of Mammals) (Jersey) Order 2011
Diseases of Animals (Importation of Miscellaneous Goods and Animals) (Jersey)

Order 2012

Environmental Protection

Dairy and Livestock Adviser
Horticultural Adviser
Principal Ecologist
Head of Plant Health
Laboratory Manager

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
Diseases of Animals (Infectious Bovine Rhinotracheitis) (Jersey) Order 2012

Legislation

Detail/Involves

Delegated to whom

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
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/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)

Legislation	Detail/Involves	Delegated to whom
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/inspection States Veterinary Assistant Head of Agricultural Inspection Agricultural Inspectors (4)
Pet Travel Scheme (Jersey) Regulations 2011	Regulate the movement of pet animals arriving from outside the British Islands entering Jersey from a member State or a third country. 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)
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

Legislation	Detail/Involves	Delegated to whom
		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 production teams and storage facilities for trade. 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 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

Legislation	Detail/Involves	Delegated to whom
		For the purposes of enforcement/inspection States Veterinary Assistant Head of Agricultural Inspection Agricultural Inspectors (4)
Food and Environmental Protection Act 1985 (Jersey) Order 1987 Food and Environmental 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
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 T.A. to carry out exercises, utilities maintenance, etc.	Assistant Minister Chief Officer, Planning and Environment Director of

Legislation

Detail/Involves

Delegated to whom

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.

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

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

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

Environmental Protection

Plant Pathologist
Entomologist

For the purposes of enforcement/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

Legislation	Detail/Involves	Delegated to whom
		Manager Land Controls and Planning Officer. For the purposes of enforcement/inspection/ 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
Waste Management (Jersey) Law 2005	A Law to: Control the transboundary shipment of wastes to, from, and through Jersey. Control the movements of hazardous and healthcare wastes in Jersey. Allow for the licensing of waste management facilities and the registration of certain carriers in Jersey. All administration of: Part1 – 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)	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

Detail/Involves

Delegated to whom

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.

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 –

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

In addition for enforcement (Article 29)

Environmental Protection Officer (5)
Head of Waste Regulation
Agricultural – Environmental Specialist
Environmental Protection Assistant
Environmental Protection Support Officer
Marine and Costal Officer
Senior Fisheries Inspector
Fisheries Officer – Research and Development

Legislation	Detail/Involves	Delegated to whom
	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); 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

Legislation

Detail/Involves

Delegated to whom

*In addition for enforcement

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

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

States of Jersey Law 2005: Delegation of Functions - Planning and Environment - July 2012 Revised Delegations