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La Collette Fuel Farm, St. Helier - lease to Shell U.K. Limited and Esso Petroleum Company Limited (P.60-2003) – comments

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STATES OF JERSEY

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LA COLLETTE FUEL FARM, ST.  HELIER: LEASE TO SHELL U.K. LIMITED AND ESSO PETROLEUM COMPANY LIMITED (P.60/2003) COMMENTS

Presented to the States on 8th July 2003

by the Environment and Public Services Committee

STATES GREFFE

COMMENTS

The former Planning and Environment Committee had considered and supported the proposed lease to the Fuel Consortium when it was initially lodged with the States in 2002, as being a fair and proper market rental agreement for the lease of the land.

The Environment and Public Services Committee has noted the requirement of the former Industries Committee for 3 principles to be included in the lease to ensure that the operators of the fuel farm provide their services on a non-discriminatory basis, with regard to both upstream provision and downstream distribution and supply of petroleum products, and comply with Laws and Regulations brought about in connection with the Jersey Competition Regulatory Authority (JCRA), including monitoring compliance of each.

Having noted the responses from the Fuel Consortium, and in the light of advice from both H.M. Solicitor General and its property advisors, the Committee concludes that it would not be appropriate to attempt to incorporate such principles in the property lease.

Therefore the Committee believes that the Economic Development Committee, in consultation with the Policy and Resources and Finance and Economics Committees, together with the JCRA and the 3 individual fuel companies, should seek an alternative method to achieve the specific objectives in relation to the supply, distribution and retailing of fuel and other petroleum products within the Island.

The Committee therefore supports the Harbours and Airport Committee proposition P.60/2003 and believes that the lease agreement to the Fuel Consortium for the land at La Collette should progress in its current form.