States of Jersey Law 2005: delegation of functions – Environment – Scheme of delegations – January 2016.

Scheme of delegations for the Minister for Environment – January 2016

1.  Background

Article 28 of the States of Jersey Law 2005 allows a Minister to delegate any function for which they have responsibility, to an Assistant Minister or an Officer.

The Scheme of delegations ensures that decisions are made at the appropriate level to ensure the efficient administration of the Minister's duties and responsibilities.

No delegations made prevent the Minister from exercising those functions personally.

2.  Delegations to the Assistant Minister

In pursuance of Article 28(1) of the States of Jersey Law 2005, the Minister delegates all powers and functions in respect of the Department of the Environment, including all other areas where the Minister would otherwise have to act and be advised, to his Assistant Minister, Connétable S.W. Pallett of St. Brelade , for any periods when he is unavailable or out of the Island.

3.  Delegations to Officers – Public Finances (Jersey) Law 2005

In pursuance of Article 28(1) of the States of Jersey Law 2005, the Minister delegates the following powers  and  functions  in  respect  of  the  Department  of  the  Environment  to  Officers  of  the Department, subject to the conditions as stated.

Public Finances (Jersey) Law 2005

Article:

Detail:

Delegated to:

Write off bad debts

For an individual value of less than £25,000 and a combined annual total of less than £200,000.

• Chief Officer, Dept. of the Environment

• Finance Director, Dept. of the Environment

For an individual value of less than £50.

 Finance Officer

Subject  to  them  being  reported  to  the  Minister  on  a  quarterly  basis  with  an explanatory report.

Approve  the  Department's  authorised  signature schedule  and  approved  expenditure  limits, conditional upon them being within pre-authorised limits.

• Chief Officer, Dept. of the Environment

• Finance Director, Dept. of the Environment

Article 28

Authorisation  of  non-contentious budget transfers up to the value of £200,000.

 Chief Officer, Dept. of the Environment

4.  Delegations to Officers – Planning and Building Services Division

In pursuance of Article 28(1) of the States of Jersey Law 2005, the Minister delegates the following powers  and  functions  in  respect  of  the  Department  of  the  Environment  to  Officers  of  the Department, subject to the conditions as stated.

High Hedges (Jersey) Law 2008

Article:

Detail:

Delegated to:

HIGH HEDGES

Article 6

Determining 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, Dept. of the Environment
• Director of Development Control

• Director of Policy, Projects and the Historic Environment

• Principal Planners

• Senior Planners and Assistant Senior Planners

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.

CONDITIONS

In deciding an application and any requirement for remedial action in connection with a submission under the High Hedges (Jersey) Law 2008, Authorised 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.

The  Planning  Applications  Committee  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.

Planning and Building (Jersey) Law 2002

Article:

Detail:

Delegated to:

Article 71

Immediate action to ensure safety of a building.

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

• Chief Officer, Dept. of the Environment
• Deputy Chief Officer
• Director of Building Control

5.  Delegations to Officers – Environmental Division

In pursuance of Article 28(1) of the States of Jersey Law 2005, the Minister delegates the following powers  and  functions  in  respect  of  the  Department  of  the  Environment  to  Officers  of  the Department, subject to the conditions as stated.

Legislation:

Detail:

Delegated to:

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

A Law to control sales and leases of agricultural land.

Delegated powers 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 the terms of reference are referred to the Minister.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• 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 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.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Protection

• Director of Environmental Management and Rural Economy

For the purposes of administration, inspection and enforcement

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

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.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Principal Ecologist
• States Veterinary Officer

Legislation:

Detail:

Delegated to:

Animal Welfare (Jersey) Law 2004

Subordinate

• 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 to 7).

Additional delegated powers are requested for appointment; as an 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 (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.

• Director of Environment/ Deputy Chief Officer

• Principal Ecologist

For the purposes of administration, inspection and enforcement

• States Veterinary Assistant

• Standby Officers

• Head of Agricultural Inspection

• Agricultural and Plant Health Inspectors

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).

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• States Veterinary Officer

For the purposes of enforcement/ inspection

• States Veterinary Assistant

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

Legislation:

Detail:

Delegated to:

Conservation of Wildlife (Jersey) Law 2000

A Law to protect scheduled wild animals and birds and their nests 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 Authorised 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.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• Principal Ecologist

For the purposes of enforcement

• Natural Environment Officer

• Research Ecologist
• Sea Fisheries Officer

Legislation:

Detail:

Delegated to:

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.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• States Veterinary Officer

For the purposes of enforcement/inspection

• States Veterinary Assistant

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

Diseases of Animals (Jersey) Law 1956

Subordinate

• Diseases of Animals (Approved Disinfectants) (Jersey) Order 1958

• Diseases of Animals (Bees) (Jersey) Order 2013

• Diseases of Animals (Importation of Live Fish) (Jersey) Order 1984

• Diseases of Animals (Importation of Miscellaneous Goods and Animals) (Jersey) Order 2012

• Diseases of Animals (Miscellaneous Provisions) (Jersey) Order 1958

• Diseases of Animals (Non-Rabies) (Importation of Mammals) (Jersey) Order 2011

• Diseases of Animals (Pigs, Goats and

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 to 7).

Licences are issued under delegated powers.

The Minister is advised of the outbreak of any notifiable disease.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

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

• States Veterinary Assistant

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

• Standby Officers

• Director of Environmental Protection

• Dairy and Livestock Adviser

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

Legislation:

Detail:

Delegated to:

Sheep Registration, Identification and Movement) (Jersey) Order 2007

• Diseases of Animals (Rabies) (Importation of Mammals) (Jersey) Order 2011

• Diseases of Animals (Waste Foods) (Jersey) Order 1958

• Importation of Equine Animals (African Horse Sickness) (Prohibition) (Jersey) Order 1961

• Importation of Equine Animals (Jersey) Order 1958

Notifiable Disease Orders

• Anthrax (Jersey) Order 1958

• Aujeszky's Disease (Jersey) Order 1984

• Cattle Plague (Jersey) Order 1958

• Contagious Abortion (Jersey) Order 1958

• Diseases of Animals (Avian Influenza) (Jersey) Order 2005

• Diseases of Animals (Bluetongue) (Jersey) Order 2006

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

Legislation:

Detail:

Delegated to:

• 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

• 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

• Virus Hepatitis (Jersey) Order 1958

• Warble Fly (Jersey) Order 1984

Legislation:

Detail:

Delegated to:

Endangered Species (CITES) (Jersey) Law 2012

Subordinate

 Endangered Species (CITES) (Designation and Appointment) (Jersey) Order 2012

MANAGEMENT AUTHORITY (Article 6(1))

A Law to regulate the trade in certain animal and plant species that are or may be in danger of extinction, and to ensure the implementation of the Convention on the International Trade in Endangered Species (CITES), and for connected purposes.

The Law prescribes a number of functions to the Management Authority under Articles 7, 8 and 12 to 30, connected to the permitting, licensing and reporting of the import, export and re-export of listed species or their derivatives, as well as the registration of local commercial breeding and trade operations. The Management Authority is also required to co-operate with recognized management authorities in the implementation and enforcement of legislation, in Jersey and in other countries or territories, relating to species conservation.

SCIENTIFIC AUTHORITY (Article 2)

Pursuant to Article 9(1) of the Law, the Minister for Environment is designated as the Scientific Authority.

The Law prescribes a number of powers and functions of the Scientific Authority in Article 10 in relation to advising the Management Authority of decisions in respect of the issuance of permits for import, export or re-export of listed specimens or derivatives.

• States Veterinary Officer

• States Veterinary Assistant

• Director of Environmental Policy

• Director of Environment/ Deputy Chief Officer

Note: for the purposes of enforcement/inspection, the Endangered Species (CITES) (Designation and Appointment) (Jersey) Order 2012, Article 3 already appoints additional officers to those appointed under Article 11(1) of the Law,

as follows:

• Director of Environmental Policy

• An Inspector within the meaning of the Diseases of Animals (Jersey) Law 1956

• Director of Environmental Policy

• Director of Environment/ Deputy Chief Officer

Legislation:

Detail:

Delegated to:

European Communities Legislation (Implementation) (Jersey) Law 1996

Subordinate

• Community Provisions (Mortality in Oysters) (Jersey) Regulations 2010

• Fish Health (Jersey) Regulations 1999

A Law 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.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• States Veterinary Officer

For the purposes of enforcement/inspection

• States Veterinary Assistant

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

• Standby Officers
• Sea Fisheries Officers

 European Communities Legislation (Implementation) (Cattle Identification) (Jersey) Regulations 2002

Legislation to ensure the correct form and application of prescribed cattle eartags (Regulation 2).

• The registration of cattle and recording of movements (Regulation 7)

• Provide replacement passports (Regulation 10)

• Powers of entry to inspect cattle, examine and remove records, check unused eartags (Regulation 13). Serve a notice restricting movement from the holding (Regulation 14).

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• States Veterinary Officer

For the purposes of enforcement/inspection

• States Veterinary Assistant

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

 EU Legislation (Transmissible Spongiform Encephalopathies) (Jersey) Regulations 2015

These Regulations provide for the enforcement of Regulation (EC)

No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies ("the EU TSE Regulation").

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

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• States Veterinary Officer

For the purposes of enforcement/inspection

• States Veterinary Assistant

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

Legislation:

Detail:

Delegated to:

 European Communities Legislation (Bluetongue) (Jersey) Regulations 2008

Legislation to 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.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• States Veterinary Officer

For the purposes of enforcement/inspection

• States Veterinary Assistant

• Standby Officers

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

• Dairy and Livestock Adviser

 Community Provisions (Bovine Embryos) (Jersey) Regulations 2010

Legislation that regulates the trade in bovine embryos with Member States and controls the importation of bovine embryos from third countries. Approves 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.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• States Veterinary Officer

For the purposes of enforcement/inspection

• States Veterinary Assistant

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

Legislation:

Detail:

Delegated to:

 Pet Travel Scheme (Jersey) Regulations 2011

Legislation that regulates 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.

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• States Veterinary Officer

For the purposes of enforcement/inspection

• States Veterinary Assistant

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

• Standby Officers

 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, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• States Veterinary Officer

For the purposes of enforcement/ inspection

• States Veterinary Assistant

• Head of Agricultural Inspection

• Agricultural Inspectors

 Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 2013

Regulations that ensure the application and implementation of two European Council Regulations that deal with the welfare of animals when they are being transported.

Those Regulations are –

Council Regulation (EC) No. 1/2005 and Council Regulation (EC)

No. 1255/97 which harmonise applicable animal welfare controls as well as preventing the occurrence and

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• States Veterinary Officer

Legislation:

Detail:

Delegated to:

spread of infectious animal diseases. These Regulations put in place more stringent requirements than previously, so as to prevent pain and suffering in order to safeguard the welfare and health of animals during and after transport.

For the purposes of enforcement/inspection

• States Veterinary Assistant

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

• Standby Officers

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.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• States Veterinary Officer

For the purposes of enforcement/inspection

• States Veterinary Assistant

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

Food and Environment Protection Act 1985 (Jersey) Order 1987

An Order 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.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

Legislation:

Detail:

Delegated to:

Pesticides (Jersey) Law 1991

Subordinate

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

• Pesticides (General Provisions) (Jersey) Order 1991

A Law to regulate the use of pesticides.

Delegated powers under Article 4, which outlines the enforcement provisions.

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• Director of Environmental Protection

For the purposes of enforcement

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

• Head of Water Resource Management and Regulation

• Water Resource Management and Regulation Officers

• Waste and Water Management and Regulation Officer

Planning and Building (Jersey) Law 2002

• Permission to carry out activities on S.S.I. land, where it is designated for its ecological/ geological interest only

(Article 55), e.g. permission for the T.A. 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 S.S.I. 6 times annually for firing purposes.

• Provisional listing (for 3 months only) of ecological/ geological S.S.I.s under Article 53 in the case of extreme threat to an area of S.S.I. quality.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• Principal Ecologist

• Senior Natural Environment Officer

Legislation:

Detail:

Delegated to:

Plant Health (Jersey) Law 2003

Subordinate

• Blight Disease (Jersey) Order 1982

• Plant Health (Jersey) Order 2005

• Stem and Bulb Eelworm (Jersey) Order 1971

• 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.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• Director of Environmental Protection

• Plant Pathologist
• Entomologist

For the purposes of enforcement/ inspection

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

Protection of Agricultural Land (Jersey) Law 1964

A Law 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 (Article 3) and the powers to obtain information (Article 5).

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• 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/ obtain information

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

• Projects and Compliance Officer

Legislation:

Detail:

Delegated to:

Sea Fisheries (Jersey) Law 1994

• To approve applications for exemptions for scientific purposes or the transplanting of fish (Articles 5 and 6).

• To approve conditions to be included in licences (Article 12).

• To decide what information is required to be provided by licence/ permit holders (Article 2).

• Where a licence is suspended or revoked, to decide whether to authorise repayment of the licence fee (Article 13).

• Chief Executive Officer

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

Subordinate

 Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1998

 To decide on applications for exemption from restrictions on ormers where the applicant wishes to conduct scientific work or transplanting (Regulation 4).

• Chief Executive Officer

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• Assistant Director of Marine Resources

 To decide on applications for exemption from need for pot tags where the applicant wishes to conduct scientific work (Regulation 8).

• Chief Executive Officer

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• Assistant Director of Marine Resources

 To issue and revoke permits to masters, owners and charterers of fishing boats exempting them from the need for pot tags and to set conditions and time limits for such permits (Regulation 8).

• Director of Environmental Management and Rural Economy

• Assistant Director of Marine Resources

• Senior Marine and Fisheries Officer

Legislation:

Detail:

Delegated to:

 To approve type of pot tag and lost pot tag (Regulation 8).

• Assistant Director of Marine Resources

• Senior Marine and Fisheries Officer

 To set directions for the issue of pot tags and lost pot tags and to determine the year or years for which pot tags and lost pot tags are valid (Regulation 8).

• Chief Executive Officer

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

 To issue pot tags (Regulation 8).

• Director of Environmental Management and Rural Economy

• Assistant Director of Marine Resources

• Senior Marine and Fisheries Officer

 To issue lost pot tags (Regulation 8).

• Assistant Director of Marine Resources

• Fisheries Officer

 Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003

 To authorise the issue of licences and permits (Part 2).

• Chief Executive Officer

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• Assistant Director of Marine Resources

• Senior Marine and Fisheries Officer

Legislation:

Detail:

Delegated to:

 Sea Fisheries (Underwater Fishing) (Jersey) Regulations 2003

 To authorise certain scientific or transplanting activities (Regulation 2).

• Chief Executive Officer

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• Assistant Director of Marine Resources

 To authorise the issuing of permits, setting of conditions, fishing periods, and the provision of statistics (Regulation 3).

• Chief Executive Officer

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

• Assistant Director of Marine Resources

 Sea Fisheries (Fisheries) (Jersey) Regulations 2010

 To authorise the renewal of licences to farm fish or shellfish that are unchanged from the original licence.

• Chief Executive Officer

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Management and Rural Economy

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).

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• States Veterinary Officer

Legislation:

Detail:

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:

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)

• 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.

• Chief Officer, Planning and Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Protection

• Head of Waste Regulation

For the purposes of enforcement (Part 5)

• Head of Water Resource Management and Regulation

• Water Resource Management and Regulation Officers

• Waste and Water Management and Regulation Officer

• Hydrogeologist

• Environmental Protection Technician

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

Legislation:

Detail:

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 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)).

• powers 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);

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Protection

• Head of Water Resource Management and Regulation

For the purposes of enforcement (Article 29)

• Water Resource Management and Regulation Officers

• Waste and Water Management and Regulation Officer

• Head of Waste Regulation

• Hydrogeologist

• Environmental Protection Technician

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

• Marine and Coastal Manager

• Assistant Director of Marine Resources

• Marine Scientist

Legislation:

Detail:

Delegated to:

• 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 36–37

(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.

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Protection

• Head of Water Resource Management and Regulation

For the purposes of enforcement

• Waste and Water Management and Regulation Officer

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.

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Protection

• Head of Water Resource Management and Regulation

• Hydrogeologist

For the purposes of enforcement

• Water Resource Management and Regulation Officers

Legislation:

Detail:

Delegated to:

• Waste and Water Management and Regulation Officer

• Environmental Protection Technician

• Head of Agricultural and Plant Health Inspection

• Agricultural and Plant Health Inspectors

Weeds (Jersey) Law 1961

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

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

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Protection

• Head of Agricultural and Plant Health Inspection

For the purposes of enforcement

• Agricultural and Plant Health Inspectors