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States of Jersey Law 2005: delegation of functions – Minister for the Environment – revised delegations February 2019

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STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – MINISTER FOR THE ENVIRONMENT – REVISED DELEGATIONS

FEBRUARY 2019

Presented to the States on 12th February 2019 by the Minister for the Environment

STATES GREFFE

2019  R.14

REPORT

On 8th February 2019, the Minister for the Environment made a Ministerial Decision delegating certain of his functions under Articles 28, 30 and 30A of the States of Jersey Law 2005 (MD-PE-2019-0017, 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

  1. 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 –
  1. one of his or her Assistant Ministers;
  2. an officer.

(1A)  A Minister shall not delegate to an Assistant Minister any function the

delegation of which is wholly prohibited by an enactment.

(1B)  Where a Minister delegates to an Assistant Minister a power to make an

enactment, paragraphs (4) and (5) of Article 26 shall apply to the making of an enactment by the Assistant Minister, in exercise of the delegated power,  as  they  would  apply  to  the  making  of  the  enactment  by  the Minister.

  1. A Minister shall not delegate to an officer –
  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 wholly, or to an officer, by an enactment.
  1. The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.
  2. 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.
  3. 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.

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

"30  Ministerial delegations to be presented to States

  1. A Minister who delegates functions under Article 28 shall present to the States a report specifying the functions delegated and to whom.
  2. A Minister shall not be required to present a report under paragraph (1) where the delegation is so immediate and of such brief duration that it is not practicable to present the report before the delegation ends.

30A  List of delegations to be published

  1. The  Chief  Minister  shall  cause  to  be  established,  maintained  and published a consolidated list of –
  1. the functions for the time being discharged by the Chief Minister and by each Minister;
  2. the functions for the time being delegated by the Chief Minister and each Minister under Article 28, and to whom.
  1. The list shall also specify which Minister is discharging, for the time being, the functions of another Minister under Article 27(1) or (2).
  2. The information described in paragraph (1)(b) or (2) is not required to be incorporated in the list where the period for which the delegation has effect or for which one Minister's functions are being discharged by another  is  so  immediate  and  of  such  brief  duration  that  it  is  not practicable to amend and publish the list to incorporate the information before the end of the period.
  3. It shall be sufficient if the list is published on a website."

 _____________________________________________________________________________________________________________

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 follows.

 _____________________________________________________________________________________________________________

 

Scheme of Delegations for the Minister for the Environment – February 2019

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 Delegation 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 accordance with Article 28 of the States of Jersey Law 2005, the Minister delegates:

  1. All powers and functions conferred upon or vested in the Minister in relation to Plant and Animal Health functions, excluding the power to make an enactment, to his Assistant Minister, Deputy G.C.U Guida of St. Lawrence .
  1. The determination of appeals made under Part 7 of the Planning and Building (Jersey) Law 2002 to his Assistant Minister, Deputy G.C.U Guida of St. Lawrence , when he is unavailable, unable to determine an appeal, or when it could be perceived he is conflicted.
  1. All powers and functions conferred upon or vested in the Minister, including the power to make an enactment, and all other areas where the Minister would otherwise have to act and be advised, to his Assistant Minister, Deputy G.C.U Guida of St. Lawrence , when he is unavailable or out of the Island.

3.  Delegations to Officers

In accordance with Article 28(1) of the States of Jersey Law 2005, the Minister delegates the following powers and functions conferred upon or vested in the Minister to officers, 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:

 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.

  • Group Director, Regulation
  • Assistant Director, Rural Economy and Head of Plant Health
  • Acting Director, Rural Economy and Head of Plant Health
  • Land Controls and Planning Officer
  • Projects and Compliance Officer (for monitoring and enforcement)
  • Waste and Water Management and Regulation Officer (for monitoring and enforcement)

 

Legislation:

Detail:

Delegated to:

Agricultural Marketing (Jersey) Law 1953

Subordinate:

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

  • Group Director, Regulation
  • Director, Environmental Protection
  • Assistant Director, Rural Economy and Head of Plant Health
  • Acting Director, Rural Economy and Head of Plant Health

For the purposes of admin., inspection and enforcement:

  • Agricultural and Plant Health Inspectors

Animal Health (Jersey) Law 2016

Subordinate:

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

Licences are issued under delegated powers.

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

  • Director, Natural Environment
  • States Veterinary Officer
  • States Veterinary Assistant

 

Legislation:

Detail:

Delegated to:

 Animal Health (Surveillance) (Jersey) Order 2017

 

 

Notifiable Disease Orders:

 

 

Animals (Trapping) (Jersey) Law 1961

Subordinate:

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

  • Director, Natural Environment
  • Principal Ecologist
  • States Veterinary Officer
  • Director, Environmental Policy

Animal Welfare (Jersey) Law 2004

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

  • Director, Natural Environment
  • States Veterinary Officer
  • States Veterinary Assistant
  • Principal Ecologist

 

Legislation:

Detail:

Delegated to:

 

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 1 to 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.

Article 22(4A) of the Law restricts 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 personally, by the inspector's employer, or by a person of whom the inspector is an office holder.

 

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 Parts 2–4 (Articles 5–15).

Prohibitions:

  • 5 – Killing, injuring or taking protected wild animals or protected wild birds (including eggs)
  • 6 – Relating to dens and nests, etc. of protected wild animals and protected wild birds;
  • 7 – Selling, offering for sale, possessing or transporting in order to sell, protected wild animals and 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);
  • Director, Natural Environment
  • Principal Ecologist

For the purposes of enforcement:

  • Senior Natural Environment Officer
  • Natural Environment Officer
  • Natural Environment Rangers
  • Research Ecologist
  • Sea Fisheries Officers

 

Legislation:

Detail:

Delegated to:

 

  • 11 – Export of certain reptiles and amphibians;
  • 12 – Showing wild birds for competition;
  • 13 – Picking, uprooting, destroying or collecting seeds of protected plants;
  • 14 – selling, offering for sale, possessing or transporting in order to sell, protected plants;
  • 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 under Article 18 for enforcement activities.

 

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.

  • Director, Natural Environment
  • States Veterinary Officer
  • States Veterinary Assistant

Endangered Species (CITES) (Jersey) Law 2012

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.

MANAGEMENT AUTHORITY Article 6(1)

The Law prescribes a number of functions to the Management

  • Director, Natural Environment
  • States Veterinary Officer
  • States Veterinary Assistant
  • Assistant Director, Rural Economy and Head of Plant Health
  • Acting Director, Rural Economy and Head of Plant Health

 

Legislation:

Detail:

Delegated to:

 

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 recognised management authorities in the implementation and enforcement of legislation, in Jersey and in other countries or territories, relating to species conservation.

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, Natural Environment
  • Assistant Director, Rural Economy and Head of Plant Health
  • Acting Director, Rural Economy and Head of Plant Health

Subordinate:

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

SCIENTIFIC AUTHORITY Article 2

Pursuant to Article 9(1) of the Law, the Minister for the 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 issuing of permits for import, export or re-export of listed specimens or derivatives.

  • Director, Natural Environment
  • Assistant Director, Rural Economy and Head of Plant Health
  • Acting Director, Rural Economy and Head of Plant Health
  • States Veterinary Officer
  • States Veterinary Assistant

European Union Legislation (Implementation) (Jersey) Law 2014

A Law to enable the States or the Minister for External Relations to give effect in Jersey to EU legislation and to make supplementary provision in relation thereto, to make amendments and other provision in connection with the Treaty of Lisbon, and for related purposes.

Subordinate legislation:

  • Director, Natural Environment
  • States Veterinary Officer
  • States Veterinary Assistant

 

Legislation:

Detail:

Delegated to:

Subordinate:

EU Legislation (Aquatic Animal Health) (Jersey) Regulations 2016

Regulations 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 the States Veterinary Officer or his/her assistants.

 

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

Regulations to ensure the correct form and application of prescribed cattle ear tags (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).
  • Inspections and enforcement are carried out by the States Veterinary Officer or his/her assistants.
  • Director, Natural Environment
  • States Veterinary Officer
  • States Veterinary Assistant

 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 the States Veterinary Officer or his/her assistants.

  • Director, Natural Environment
  • States Veterinary Officer
  • States Veterinary Assistant

 European Communities Legislation (Bluetongue) (Jersey) Regulations 2008

Regulations 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 the States Veterinary Officer or his/her assistants.

  • Director, Natural Environment
  • States Veterinary Officer
  • States Veterinary Assistant

 Community Provisions (Bovine Embryos) (Jersey) Regulations 2010

Regulations for trade in bovine embryos with Member States and control of importation of bovine embryos from third countries; to approve embryo collection teams,

  • Director, Natural Environment
  • States Veterinary Officer

 

Legislation:

Detail:

Delegated to:

 

including laboratories, embryo production teams, and storage facilities for trade.

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

 

 Pet Travel Scheme (Jersey) Regulations 2011

Regulations for movement of pet animals arriving from outside the British Islands entering Jersey from a member State or third country.

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

  • Director, Natural Environment
  • States Veterinary Officer
  • States Veterinary Assistant

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

Regulations that ensure the application and implementation of 2 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 (EC) No 1255/97, which harmonise applicable animal welfare controls, as well as preventing occurrence and 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.

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

  • Director, Natural Environment
  • States Veterinary Officer
  • States Veterinary Assistant

 EU Legislation (Veterinary and Zootechnical Checks – Trade with Member States) (Jersey) Regulations 2016

These Regulations implement Council Directive 90/425 concerning veterinary and zootechnical checks applicable in intra-Community trade in live animals and certain animal products, with a view to the completion of the internal market.

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

  • Director, Natural Environment
  • States Veterinary Officer
  • States Veterinary Assistant

 EU Legislation (Veterinary Checks – Imports from Third Countries) (Jersey)

These Regulations implement Council Directive 91/496, laying down the principles governing the organisation of veterinary checks on animals

  • Director, Natural Environment
  • States Veterinary Officer

 

Legislation:

Detail:

Delegated to:

Regulations 2016

entering the Community from third countries.

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

States Veterinary Assistant

Food and Environment Protection Act 1985 (Jersey) Order 1987

An Order to authorise 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; or burials at sea.

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

  • Director, Natural Environment
  • Assistant Director, Marine Resources
  • Marine and Coastal Manager
  • Senior Marine and Fisheries Officer
  • Fisheries Officers

Food Safety (Jersey) Law 1966

Subordinate

 Food Hygiene (General Provisions) (Jersey) Order 1967

A Law to ensure the cleanliness and purity of foodstuffs.

  • Group Director, Regulation
  • Director, Environmental Health
  • Director, Environmental Protection

For the purposes of enforcement:

  • Environmental Health Management, Officers and Senior Environmental Health Technical Officers and Environmental Health Technical Officers
  • Head of Water Resource Management and Regulation
  • Water Resource Management and Regulation Officers
  • Waste and Water Management and Regulation Officer
  • Head of Waste Regulation
  • Water Management and Licensing Officer
  • Environmental Protection Technician
  • Environmental Protection Investigations Officer
  • Agricultural and Plant Health Inspectors

 

Legislation:

Detail:

Delegated to:

 

 

  • Assistant Director, Marine Resources
  • Marine and Coastal Manager
  • Senior Marine and Fisheries Officer
  • Fisheries Officers
  • Marine Scientist
  • States Veterinary Officer
  • States Veterinary Assistant

High Hedges (Jersey) Law 2008

  • Group Director, Regulation
  • Director, Development Control
  • Director, Policy, Projects and the Historic Environment
  • Principal Planners
  • Senior Planners and Assistant Senior Planners

Issuing of a Remedial Notice provided that the owner of the hedge has not made a respresentation, other than the compulsory questionnaire, 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, other than the compulsory questionnaire, 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.

Pesticides (Jersey) Law 1991

Subordinate:

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

A Law to provide for the regulation of pesticides and substances, preparations and organisms prepared or used for the control of pests or for protection against pests.

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

  • Group Director, Regulation
  • Assistant Director, Rural Economy and Head of Plant Health
  • Acting Director, Rural Economy and Head of Plant Health
  • Director, Environmental Protection

For the purposes of enforcement:

 

Legislation:

Detail:

Delegated to:

 

 

  • Plant Pathologist and Laboratory Manager
  • 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
  • Water Management and Licensing Officer
  • Environmental Protection Investigation Officer
  • Environmental Health Management, Officers, and Senior Environmental Health Technical Officers and Environmental Health Technical Officers

Planning and Building (Jersey) Law 2002

A Law to provide the means to establish a plan for the sustainable development of land and to control development in accordance with that plan, to prescribe the functional requirements of buildings and to provide the means to enforce those requirements, to provide the means to protect, enhance, conserve and to use wisely the natural beauties, natural resources and biodiversity of Jersey, and to preserve and improve Jersey's general amenities, to confer powers to acquire land for the purposes of the Law, and to make other provisions in similar respects.

Delegated powers:

  • Group Director, Regulation
  • Director, Natural Environment
  • Principal Ecologist
  • Senior Natural Environment Officer

Article 55: Permission to carry out activities on S.S.I. land, where it is designated for its ecological/ geological interest only,

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.

Article 53: 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.

Article 71: Immediate action to ensure safety of a building.

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

  • Group Director, Regulation
  • Director, Building Control

Article 116(3): The giving of notice in

Judicial Greffier

 

Legislation:

Detail:

Delegated to:

 

writing of the determination of an appeal.

 

Article 116(4): The making of reasonable arrangements for access to the Inspector's report and notice given by the Minister.

Judicial Greffier

Plant Health (Jersey) Law 2003

Subordinate:

A Law to control the spread of pests and diseases of plants/trees.

Delegated powers:

  • Issuing of plant passports – Plant Health Order, Article 18.
  • Registration of growers, propagators or traders (Plant Health Order, Article 19) and keeping of the register (Plant Health Order, Article 20).
  • Delegated powers for inspection and enforcement functions under the Plant Health Order,

Articles 24–31.

  • Issuing of licences – Plant Health Order, Article 34.
  • Group Director, Regulation
  • Director, Natural Environment
  • Assistant Director, Rural Economy and Head of Plant Health
  • Acting Director, Rural Economy and Head of Plant Health
  • Director, Environmental Protection
  • Plant Pathologist and Laboratory Manager

For the purposes of inspection/enforcement:

  • Agricultural and Plant Health Inspectors
  • Environmental Protection Investigation Officer

Protection of Agricultural Land (Jersey) Law 1964

A Law to protect agricultural land. Delegated powers:

  • 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).
  • Group Director, Regulation
  • Director, Natural Environment
  • Director, Environmental Protection
  • Assistant Director, Rural Economy and Head of Plant Health
  • Statutory Services Officer
  • Principal Ecologist
  • Land and Horticultural Development Manager
  • Land Controls and Planning Officer.

For the purposes of inspection/enforcement/ obtaining information:

  • Agricultural and Plant Health Inspectors

 

Legislation:

Detail:

Delegated to:

 

 

  • Environmental Protection Investigation Officer
  • Projects and Compliance Officer

Public Health and Safety (Rented Dwellings) (Jersey) Law 2018

A LAW to promote the health and safety of persons in rented dwellings, and for connected purposes.

Note:

The delegation of functions does not extend to the following matters that are reserved to the Minister:

Article 12(1) – The decision to carry out remedial works.

  • Group Director, Regulation
  • Director, Environmental Health

For the purposes of enforcement:

  • Environmental Health Management, Officers and Senior Environmental Health Technical Officers and Environmental Health Technical Officers
  • Director, Environmental Protection
  • Head of Water Resource Management and Regulation
  • Water Resource Management and Regulation Officers
  • Waste and Water Management and Regulation Officer
  • Director, Natural Environment
  • Head of Waste Regulation
  • Water Management and Licensing Officer
  • Environmental Protection Technician
  • Agricultural and Plant Health Inspectors
  • Environmental Protection Investigation Officer

Sea Fisheries (Jersey) Law 1994

A Law to make provision for the regulation of sea fishing and the conservation of sea fish; to make provision for the regulation of mariculture, for the licensing of fishing boats, for controls on the possession and sale of sea fish, for the appointment and duties of fisheries officers and for connected matters.

  • Director, Natural Environment
  • Assistant Director, Marine Resources
  • Marine and Coastal Manager
  • Senior Marine and Fisheries Officer
  • Fisheries Officers

 

Legislation:

Detail:

Delegated to:

 

Delegated powers:

  • to approve applications for exemptions for scientific purposes or the transplanting of fish (Articles 5–6);
  • to approve conditions to be included in licences (Article 12);
  • to decide what information is required to be provided by licence/permit holders (Article 12);
  • where a licence is suspended or revoked, to decide whether to authorise repayment of the licence fee (Article 13).

Marine Scientist

Subordinate:

 Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1998

Under Regulation 4:

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

Under Regulation 8:

  • To decide on applications for exemption from need for pot tags where the applicant wishes to conduct scientific work.
  • 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.
  • To approve types of pot tag and lost pot tag.
  • 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.
  • Director, Natural Environment
  • Assistant Director, Marine Resources
  • Marine and Coastal Manager
  • Senior Marine and Fisheries Officer
  • Fisheries Officers
  • Marine Scientist

Under Regulation 8:

 To issue pot tags.

  • Director, Natural Environment
  • Assistant Director, Marine Resources
  • Senior Marine and Fisheries Officer

 

Legislation:

Detail:

Delegated to:

 

Under Regulation 8:

 To issue lost pot tags.

  • Director, Natural Environment
  • Assistant Director, Marine Resources
  • Fisheries Officers

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

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

  • Director, Natural Environment
  • Assistant Director, Marine Resources
  • Senior Marine and Fisheries Officer

 Sea Fisheries (Underwater Fishing) (Jersey) Regulations 2003

  • To authorise certain scientific or transplanting activities (Regulation 2).
  • To authorise the issuing of permits, setting of conditions, fishing periods, and the provision of statistics (Regulation 3).
  • Director, Natural Environment
  • Assistant Director, 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.

  • Director, Natural Environment
  • Assistant Director, Marine Resources

Slaughter of Animals (Jersey) Law 1962

A Law with regard to the slaughter of animals and the administration of slaughterhouses and knacker's yards.

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

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

  • Director, Natural Environment
  • States Veterinary Officer

Statutory Nuisances (Jersey) Law 1999

A Law to provide for statutory nuisances; for procedures for dealing with them; and for connected purposes.

Note:

The delegation of functions does not extend to the following matters that are reserved to the Minister:

Article 7(4) – a decision to abate a nuisance or do whatever may be necessary in the execution of the notice, where this may have significant resource consequences or other implications of a sensitive or contentious nature.

Article 7(5) – to decide whether or not

  • Group Director, Regulation
  • Director, Environmental Health

For the purposes of enforcement:

  • Environmental Health Management and Officers and Senior Environmental Health Technical Officers and Environmental Health Technical Officers
  • Head of Water Resource Management and Regulation
  • Water Resource Management and Regulation

 

Legislation:

Detail:

Delegated to:

 

to seek the recovery as a civil debt of any expenses reasonably incurred under Article 7(4).

Article 7(6) – to determine whether or not the circumstances described in this paragraph apply (i.e. an adequate remedy') and to initiate proceedings in the Court for the purpose of securing the abatement, prohibition or restriction of a nuisance.

Officers

  • Waste and Water Management and Regulation Officer
  • Director, Natural Environment
  • Director, Environmental Protection
  • Head of Waste Regulation
  • Water Management and Licensing Officer
  • Environmental Protection Technician
  • Agricultural and Plant Health Inspectors
  • Environmental Protection Investigation Officer
  • Marine and Coastal Manager
  • Assistant Director, Marine Resources
  • Marine Scientist
  • Senior Marine and Fisheries Officer
  • Fisheries Officers
  • States Veterinary Officer
  • States Veterinary Assistant

Waste Management (Jersey) Law 2005

A Law to –

  1. control the transboundary shipment of wastes to, from, and through Jersey;
  1. control the movements of hazardous and healthcare wastes in Jersey;
  1. allow for the licensing of waste management facilities and the registration of certain carriers in Jersey.

Delegated powers: All administration of –

  • Part 1 – Introductory Provisions (Articles 1–9)
  • Part 2 – Administration (Articles 10–22)
  • Group Director, Regulation
  • Director, 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
  • Water Management and

 

Legislation:

Detail:

Delegated to:

 

  • Part 3 – Waste Management within the Island
  • Licensing of Operations (Articles 23–37)
  • Registration of Waste Carriers (Articles 38–48)
  • Internal Movements (Articles 49–52)
  • Other Provisions (Articles 53– 56).
  • Part 4 – Transboundary Movements of Waste
  • Introductory Provisions (Articles 57–63)
  • Export of Waste (Articles 64– 67)
  • Import of Waste (Articles 68– 69)
  • Waste in Transit (Articles 70– 71)
  • Illegal Traffic (Articles 72–75)
  • Other Provisions (Articles 76– 81)
  • Part 5 – Enforcement (Articles 82–93)
  • Part 6 – Other Provisions (Articles 94–113)

Any further responsibilities under Schedules 1–11.

Licensing Officer

  • Environmental Protection Technician
  • Agricultural and Plant Health Inspectors
  • Environmental Protection Investigation Officer
  • Environmental Health Management, Officers, and Senior Environmental Health Technical Officers and Environmental Health Technical Officers

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

  • Group Director, Regulation
  • Director, Environmental Protection
  • Head of Water Resource Management and Regulation

 

Legislation:

Detail:

Delegated to:

 

Delegated powers:

  • the issuing of discharge permits and the publishing of notices and consultation before considering applications relating to Discharge Permits (Article 10);
  • special regard to the issuing 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; except sub- 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);
  • 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 and 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).

For the purposes of enforcement (Article 29):

  • Water Resource Management and Regulation Officers
  • Waste and Water Management and Regulation Officer
  • Head of Waste Regulation
  • Water Management and Licensing Officer
  • Environmental Protection Technician
  • Agricultural and Plant Health Inspectors
  • Environmental Protection Investigation Officer
  • Marine and Coastal Manager
  • Assistant Director, Marine Resources
  • Marine Scientist
  • Senior Marine and Fisheries Officer
  • Fisheries Officers
  • Environmental Health Management and Officers, and Senior Environmental Health Technical Officers and Environmental Health Technical Officers

 

Legislation:

Detail:

Delegated to:

Water (Jersey) Law 1972

A Law to give certain powers to, and impose certain obligations on, the Jersey New Waterworks Company Limited, to make provisions in relation to the conservation and prevention of pollution of water and to provide for ancillary matters.

Delegated powers:

Enforcement of obligations and standards.

  • Group Director, Regulation
  • Director, Environmental Health

For the purposes of enforcement:

  • Director, Environmental Protection
  • Head of Water Resource Management and Regulation
  • Environmental Health Management, Officers and Senior Environmental Health Technical Officers
  • Water Resource Management and Regulation Officers
  • Waste and Water Resource Management and Regulation Officer
  • Water Management and Licensing Officer
  • Environmental Protection Investigation 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.

  • Group Director, Regulation
  • Director, Environmental Protection
  • Head of Water Resource Management and Regulation
  • Water Management and Licensing Officer

For the purposes of enforcement:

  • Water Resource Management and Regulation Officers
  • Waste and Water Management and Regulation Officer
  • Environmental Protection Technician
  • Agricultural and Plant Health Inspectors
  • Environmental Protection Investigation Officer

 

Legislation:

Detail:

Delegated to:

 

 

Environmental Health Management, Officers and Senior Environmental Health Technical Officers and Environmental Health Technical Officers

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.

  • Group Director, Regulation
  • Director, Environmental Protection

For the purposes of enforcement:

  • Agricultural and Plant Health Inspectors
  • Environmental Protection Investigation Officer

 

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