States Assembly 6th June 1995

STATES MINUTES 6t h J un e 1995

T HE STATES assembled on Tuesday, 6t h June 1995 at 9.30 a.m. under

t he Presidency of the Bailiff ,

P hilip Martin Bailhache , Esquire

__ _______ ___

All Members were present with the exception of -

S enator Jean Amy Le Maistre - out of the I sland

E velyn Mabel Pullin, Deputy of St.

S aviour - out of the Island.

__ _______ ___

P r aye rs

__ _______ ___

Mont Orgueil and Elizabeth Castles - ownership

The Bailiff informed the States that, following

a request from the insular authorities, Her

Majesty The Queen had been graciously pleased to agree to abandon the Crown's reversionary ownership of Mont Orgueil and Elizabeth Castles to the public of Jersey by deed of gift. The

Public Services Committee would bring forward a report and proposition in that respect in the

near future.

Subordinate legislation tabled

The following enactment was laid before the States, namely -

R oad Traffic (Public Parking Places)

( Amendment No. 30) (Jersey) Order 1995. R & O 8827.

Matters presented

The following matters were presented to the States -

1 . Residential land availability

r ev iew - May 1995. R.C.13/95.

P r es ented by the Planning and

E nvi ronment Committee. THE STATES or de red that the said review be printed and d istributed.

2 . Department of Postal

A d m inistration: report and accounts for 1994.

P r es ented by the Committee for

P os tal Administration.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 26th May 1995, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

( a) as recommended by the Planning and

E nvi ronment Committee, the entering

i nt o of a Deed of Arrangement with Mrs. I rene M aud Person, née Cabot, in order

t o a gree the boundary of Clairval, Mont Mi l lais, St. Helier , with the site of

t he D epartment of Postal

A d m inistration Headquarters, subject

t o t he Committee being responsible for

t he l  egal costs associated with the

t rans action;

( b) as recommended by the Planning and

E nvi ronment Committee, the renewal of

t he l  ease to Mr. Charles Alan Le

Mai stre of Fields Nos. 253 and 254,

G r ouvi lle (being marshy meadow together m eas uring 2.20.0 vergées) for a period

of t hree years from 25th December 1994, at an an nual rent of £80, representing

a r at e of £32 a vergée;

( c) as recommended by the Planning and

E nvi ronment Committee, the renewal of t he l ease from Mrs. Mary Norman, née H a m on, of the disused quarry at La

P ul ente, St. Brelade (measuring

1.4 ve rgées) for a period of three

year s from 25th December 1994, at a

t ot al rent for the entire period of

£ 300, s ubject to the Committee being

r es pons ible for the legal costs

as soci ated with the transaction;

( d) as recommended by the Harbours and A i rport Committee, the lease to the

J er s ey Heritage Trust of the new

T apes try Gallery (formerly known as

E ' ' Store), New North Quay, Port of

S t . H elier, for a period of nine years f rom 6th April 1995 with the option to r en ew for a further nine year period, at an an nual rent of £7,158.16 (based on a n ominal area of 1,731 square feet at a r ate of £4.13 a square foot),

s ubj ect to annual review on 1st July and p ayable six months in advance;

( e) as recommended by the Harbours and A i r port Committee, the renewal of the l eas e to Huelin- Renouf Air Freight

L i m ited of 280 square feet of office

acc ommodation on the first floor of the A i r port Freight Building (Letting

N o . B 132) for a period of three years

f rom 1st January 1994, at an annual

r en t of £2,000 (being a rate of £7.14 a s qua re foot), subject to annual review. ( T he Committee rescinded its Act

N o . 1 (1) of 5th September 1994);

( f) as recommended by the Public Services C om mittee, the entering into of a Deed of A rrangement with Mr. John Philip

H e nw ood to agree the boundary of the

pr op erty known as Les Carrieres with

t he S tonemason's Yard, Mont Mado, St. J ohn, subject to the legal costs

as soci ated with the transaction being

m et by the previous owner.

Matter noted - acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee dated 26th May 1995, showing that in pursuance of Rule 5 of the Public

Finances (General) (Jersey) Rules 1967, as

amended, the Committee had noted that the Committee for Postal Administration had accepted the lowest of four tenders, namely that

submitted by Style Shopfitting Limited in the

sum of £40,249, in a contract period of five

weeks, for the development of the Post Shop at

the General Post Office, Broad Street, St.

Helier.

Matters lodged

The following subjects were lodged au Greffe'' -

1 . Draft Amendment (No. 16) of S t a nding Orders of the States of J er s ey - P.70/95.

P r es ented by the House

C om mittee.

2 . Projet de Loi (199 ) (Amendement N o . 5 ) sur l'Instruction Primaire - P .71/ 95.

P r es ented by the Comité de

l 'E duca tion.

3 . Airport: lease of hangar -

P .72/ 95.

P r es ented by the Harbours and A i r port Committee.

4. H.M. Prison, La Moye, St.

B r el ade: stores and wet weather work ar ea - P.73/95.

P r es ented by the Prison Board.

5 . States of Jersey - Standing

O r der No. 4: meetings of the States - P .74/ 95.

P r es ented by the House

C om mittee.

6 . Airport terminal development: appr oval of drawings - P.75/95. P r es ented by the Harbours and A i r port Committee.

7 . Draft Census (Jersey)

R egul ations 199 - P.76/95. P r es ented by the Etat Civil C om mittee.

8 . Jersey College for Girls and

J er s ey College for Girls Preparatory

S chool - traffic management system and car par k: approval of drawings and

pr oj ect funding - P.77/95.

P r es ented by the Education

C om mittee.

9 . Draft Administrative Decisions

( R evi ew) (Amendment) (Jersey) Law 199 - P.78/95.

P r es ented by the Special

C om mittee to consider Relationship bet w een Committees and the

S t a tes.

Arrangement of public business for the present meeting

The President of the Finance and Economics Committee withdrew the proposition regarding the Jersey College for Girls Preparatory School temporary car park: supplementary vote of credit (P.54/95 Revised - lodged au Greffe'' on 25th April 1995).

THE STATES acceded to the request of Senator Richard Joseph Shenton that consideration of his proposition regarding road cleaning at St. Aubin (P.63/95 - lodged au Greffe'' on 23rd May 1995) be deferred from the present meeting.

Arrangement of public business for the next meeting

THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the

next meeting on 20th June 1995 -

D raft Amendment (No. 16) of the Standing O rders of the States of Jersey - P.70/95.

H ouse Committee.

P rojet de Loi (199 ) (Amendement N o. 5) sur l'Instruction Primaire - P .71/95.

C omité de l'Education.

A irport: lease of hangar - P.72/95. H arbours and Airport Committee.

H .M. Prison, La Moye, St. Brelade : c onstruction of stores and work

a rea - P.73/95.

P rison Board.

S tates of Jersey - Standing Order

N o. 4: meetings of the States - P.74/95. H ouse Committee.

D raft Census (Jersey)

R egulations 199 - P.76/95. E tat Civil Committee.

J ersey College for Girls and Jersey

C ollege for Girls Preparatory School -

t raffic management system and car park:

a pproval of drawings and project funding - P .77/95.

E ducation Committee.

Completion dates for projects and sand

loss on Jersey beaches - questions and answers (Tape No. 284)

Senator Richard Joseph Shenton asked Deputy Dereck André Carter, President of the Public Services Committee, the following questions -

1. Wi ll the President inform the

S tat e s of the timetable for the

rem oval of the earth mound west of A l b er t ?

2 . Will the President inform the States of t he com pletion date of the underground w o r ks at Fort Regent and the

r es t oration of the site adjacent to

L i be ration Square?

3 . Will the President inform the States of t he up -to-date position with regard to

s and loss on Jersey beaches?''

The President of the Public Services Committee replied as follows -

1. F unds of £150,000 were granted by

the S tat es to enable the removal

of appr oximately half of the

st ock pi le this year. This work

st ar t e d i n the autumn of 1994, and

ap pr oxi mately half of the

st ock pi le removal was achieved by

ea r l y 1995 . I am pleased to be

ab l e t o s ay that because greater

fi ll vo l ume was available and

favour able rates had been

ne got i ated with the contractors,

it ha s pr oved possible to continue

the t r an sfer of material.

T o dat e, it has proved possible to move appr oximately 60 per cent of the

s tockpi le and further material will be

t rans ferred to the west of Albert II

s it e o ver the next few months whilst

s uf f icient capacity and funds remain.

T he P ublic Services Committee has

r eq uested further capital in 1996 to enab le the remaining surplus fill to be

t rans ferred to La Collette when the new l andf ill site breakwater is complete.

A s s uming that the States grant these

f und s, it is planned to complete the

r em oval of the transfer of the

s tockpi le during the first few months of 1 996.

2 . In answer to the first part of the

S enat or's question, the underground

w o r ks being carried out from Snow Hill car par k, that is, the civil

engi neering contract for the

cons truction of the surface water link

( the t unnels) and the storage tank (or

cave rn) was due to be completed in

N o vem ber 1995.

T her e have been a number of delays to t he cons truction, with the most serious del ay be ing the breakdown of the tunnel bor ing machine, which will be used to exca vate the tunnel from Snow Hill to t he G as Place car park.

T he t unnel boring machine is currently back in England being repaired and,

unt il it was taken apart, it was not

know n exactly how long this repair

w o ul d take. The latest programme is

t ha t the tunnel boring machine should be r eturned to the site at the

begi nning of July 1995 and should start t un nelling again in August 1995. This, how ever, has meant a delay of six

m o nths to the construction of this

t un nel, without which the scheme cannot f unc tion.

I t i s , therefore, with regret that I have to inform the States that the

pr e sent civil engineering construction cont ract at Snow Hill will not be com pleted until May 1996.

T he c ivil engineering contract will

t he n be f ollowed by the mechanical and el ect rical contract, to install the

oper ational equipment underground in t he s torage tank.

T hi s contract will last for four

m o nths and should, by present

es ti mates, start in June 1996 and be com pleted by October 1996.

I n a nswer to the second part of

t he S enator's question, the work on the m anhol e shaft adjacent to the marina w a s due to be completed by the end of J ul y 1995 , using the revised method of cons truction of horizontal raise-boring f or t he surface water tunnel from Snow H i l l to this shaft.

D u e t o a number of delays with

t he hor izontal raise-boring operation, t he com pletion of this tunnel is now cons iderably behind programme, and t he r efore the shaft will not be

com pleted until late September 1995.

T her e has been a knock-on effect from t hi s delay to the other work which has

t o b e carried out in this area. This is

t he conn exion from the shaft, next to

t he m arina, to the existing surface

w a t er system in the corner of the

m ar ina. It was planned that this work w o ul d be completed by the end of April 1995, b ut when it became clear that the cont ractor could not complete it by

t he n, t he construction of the connexion had t o be deferred until October 1995. T hi s will therefore start in mid-

O c t ober and is planned to be completed i n D  ecember.

T he P ublic Services Committee regrets t he s e delays and apologises for any

i nc onven ience which this causes.

3 . Generally, beach levels are low. Taking i nd ividual bays from west to east, a

s um mary is as follows. This should be

t aken i n fairly general terms as there

ar e cons iderable variations within each bay -

S t. O uen

B ea ch l evels are very low and ther e has been considerable

und er m ining of the sea walls.

A l thoug h the beaches are untidy ne ar t he s ea walls, due to

sc our , t he sand has migrated

fur ther down the beach - thus ther e i s a good beach available for t he s ummer season.

T he re s hould be some recovery of the upp er beach in the coming

w eek s as the better weather and

se a co ndi tions approach, but beach level s a re approximately

eq ui va lent to the 26-28 foot

ti de s, co nsequently are vulnerable to cons iderable movement during st or m c onditions on both neap and sp r i ng t ides.

S t. B rel ade

A s i m i lar story to St. Ouen ,

ex cept that beach levels at the

se a w al l are much higher and less vul ner able to damage from storm co ndi t ions.

F or t he summer season, another

be ach r eplenishment has recently be en co mpleted, during which

ab out 2 0,000 tons of sand were recove red from the lower beach and pl ace d nea r the sea wall, up to

ap pr oxi mately a metre deep.

S t. A ubi n's Bay

B ea ch l evels are again very low, but ver y similar to last year, and a g ood t ourist beach is still

av ai labl e. This beach does tend to be nef i t from on-shore winds, which tend t o ke ep quite acceptable

co ndi t ions near the sea walls.

H avr e de s Pas to St. Clement 's Bay

T hi s ar ea from Havre des Pas to Le D i cq i s now primarily pebble and sh i ngl e, w ith very little sand.

T he pebbl es continue on the upper be ach a rea mixed with shingle and sa nd t o j ust east of the Le Mare

sl ip , w hen it changes to a sand

be ach, b ut again very low in

level .

S t. C le ment's Bay

T hi s ag ain is low in sand

qua nt i ties, generally comprising a na r r o w width of sand beach near the s e a w alls, changing to shingle ap pr oxi mately 15 metres from the w al l s .

L a R oc que to Le Hurel

A s i m i lar situation exists along thi s s tr etch of coastline. The

ar ea s out h of Le Hurel has been er oded during the winter months, ex pos i ng large areas of clay, but is now beginning to cover with a thi n l ay er of sand and shingle.

F au vi c

N or th of Le Hurel slipway there is goo d r ecovery of sand up to the

lar g e r ock outcrop at the southern

en d of Fauvic Bay. North of this

the ba y i s generally of beach

gr avel near the sea wall but

ch angi ng to wide flat areas of

ve r y f i ne sand/silt seaward of

thi s. B each levels are very low,

so m e f ive metres approximately

be l ow pr omenade level and, similar to S t. O uen, approximately

eq ui va lent to a 26-28 foot tide.

T he pi led toe of the wall

ins tal led in 1990 is now well

ex pos ed over approximately 300 mm. of i t s de pth. This area is little

us ed by t ourists, but is very

pop ul a r with residents.

G r ou vi lle Bay

A gai n be ach levels are low, but ther e i s still a quite healthy

tour is t beach available, as this

ar ea r ec eives the sand from Fauvic dur i n g t he natural northerly

longs h ore drift.

T hi s w inter again saw a collapse of t he s ea wall at the

F au vi c / Grouville Bay junction, but thi s has now been repaired and

rei n st a ted.

A nne P ort Bay

D ur ing t he winter months the Bay w as r edu ced to virtually a clay

be d. I t is now recovering with the thi n l ay er of sand which is quite the nor mal process in this bay. In ge ner a l, beach levels are slightly low er a s there has been some

er os ion of the clay bed during the w i n ter .

G ene ral

T he re i s no doubt that the beaches

w i ll pr ovide a reasonable tourist

am en it y again this season,with

be ache s to the west of St. Helier

be i ng i n a better condition. The

m ai n ar eas of deterioration are

the ba ys from Havre des Pas to La

R ocq ue, w hich now comprise mainly pe bbl e and shingle with some areas ha vi ng a narrow sand upper

be ach.' '

Jersey Electricity Company Limited - questions and answers (Tape No. 284)

Deputy Philip John Rondel of St. John asked Senator Pierre François Horsfall, President of the Finance and Economics Committee, the following questions -

1. Wi ll the President inform the

S tat e s w hether all the emissions

fr om L a Collette Power Station are fi lt er ed?

2 . Will the President state what action, i f any, is being taken to filter all

em i ssions from La Collette power

s tat ion?

3 . As much fall out of sulphur ash and oil dr op lets occur on a regular basis, will t he P resident advise if the Jersey

E l e ctricity Company is taking any act i on to solve this problem?

4 . As sulphur ash and oil droplets get

s ca ttered over the fuel storage depôts at L a Collette, will the President

i nf or m the States of the danger of

cor rosion at the depots?

5 . Will the President confirm what health r is ks to the population exist by the

f al l out of sulphur ash and oil

dr op lets at La Collette?

6 . Will the President inform the States

how many requests are received by the J er s ey Electricity Company annually to have third party property cleaned

beca use of contamination with sulphur as h and oil droplets?

7 . Will the President inform the States if H e r Majesty's pollution inspectors have ever been asked to advise on the way to s ol ve t he problem that exists?''

Deputy Derek Ryder Maltwood of St. Mary , on behalf of the President of the Finance and Economics Committee, replied as follows -

1. T here are two categories of em i ss i ons to the atmosphere,

ga s eous , and particulate, from

oi l -f i re d power stations. Gaseous

em i ss i ons are of interest in

gl obal terms since, as with the

co m bu stion of all fossil fuels

w het her oil, gas, coal or wood,

et c., t hey are thought to impact

upo n cl imate change. Gaseous

em i ss i ons of main interest are the oxi des of nitrogen and sulphur and ca r bon dioxide which form during the co mbustion of fuel in boiler

pl ant s. P articulate emissions are

of i nt er est in local terms only,

in t h e i mmediate proximity of

pow er station plants. They arise

fr om t h e minute quantities of ash

in t h e f uel which inevitably

es cape with flue gases.

L egi slation in respect of gaseous

em i ssions from power plants has been deve loped only in the past ten years. J er s ey Electricity has complied

vol untarily with all European Union

l egi slation on this subject and intends

t o c ontinue with this policy.

C om pliance has been achieved by

s pec ifying state-of-the-art combustion

t echnol ogy in its most recent major

boi ler plant, installed last year.

A l s o, by displacing older boiler plant

w i t h this more modern plant and, more

s igni ficantly, with power imported from F r an ce. Imported power is produced from nucl ear fuel and hydro-electric plants and i s free from atmospheric emissions.

I t i s Jersey's only form of energy not

pr od uced by the burning of oil, gas,

coal or wood.

L egi slation in respect of particulate

em i ssions falls within general

envi ronmental instruments developed by i nd ividual governments to limit the

l oc al impact of industrial processes.

J er s ey Electricity complies with the

r eq uirements of Her Majesty's

I ns pect orate of Pollution, by adopting

t he pr inciples of best available

t echni ques applicable to modern oil-

f ir ed power plant.

A l t hough compliant with international envi ronmental legislation, Jersey

E l e ctricity acknowledges that its power s tat ion at La Collette has, since it

cons truction in the mid-60's, caused occa sional nuisance. This has been the r es ul t of small particles of dust and

aci di c by-products of combustion which ar e i nevitably deposited over time on

t he l  ining of any kind of chimney,

beco ming dislodged occasionally and es c aping to the immediate vicinity of

t he pow er station.

2 . There is no filtration technology

com mercially available to prevent this i nt er mittent, localised problem.

N e ver theless, Jersey Electricity

pi o neered in its recently installed

pow er station extension, a flue gas

f il tr ation device. Performance trials,

s ti ll in progress, suggest it may

r ed uce the frequency of emissions

i nc i dents, but power plant

m anuf acturers have advised that the

devi ce cannot practically be fitted

r et r ospectively to old plant. Should

t he t rials confirm the effectiveness of t he devi ce, Jersey Electricity will

pur sue a retrofit solution of vigour to over come the declared practical

di f ficulty.

3 . The frequency of particulate fall-out

has increased since the entry into

s er vi ce of new boiler plant at La

C ol lette last October. Jersey

E l e ctricity has contractually rejected

t he com bustion system supplied with the new boiler plant because it has failed

t o m eet the very high standard of

em i ssions performance specified by the com pany. The boiler manufacturer,

R ol ls-Royce, has carried out several

m o difications during the past six

m o nths and regrettably the onerous

r eg ime of tests necessary to determine

t he per formance of the boiler has

exac erbated the fall-out problem. The

m o st recent and substantial of these

w a s completed two weeks ago and trials of t he new equipment are in progress.

I n a separate initiative, Jersey

E l e ctricity engaged POWERGEN, whose envi ronmental consultancy is a world

le ader in combustion technology, to

under take scientific investigations

i nt o t he environmental performance of

al l pl ant at La Collette. In

par ticular, to recommend any measures

avai lable to minimise the incidence of

par ticulate fall-out. Their report was

i ss ued last month and whilst confirming

t ha t gaseous emissions were within the

l im its of United Kingdom legislation

and r epresented best practice, it

i de nt ified the possibility to reduce

t he cont ribution of the older plant to

t he f all-out problem, by

r et r ospectively fitting recently

deve loped combustion equipment. Jersey

E l e ctricity has accepted the findings

of t he report and procurement of the

new equipment has commenced. A two-year pr og ramme of implementing the

i m pr ovement will begin when further

det ai led design work is complete this

year . In the meantime, the substantial

di spl acement of locally produced

el ect ricity, with imported power during

t he s ummer months, should reduce the

occa sions of fall-out.

4 . The occasional emissions of

par ticulates from La Collette are much l es s corrosive than those encountered

on s imilar industrial sites in the

U n i ted Kingdom and there are no safety i m pl ications for any of the industrial

t yp e buildings and installations

l oc at ed at La Collette. Normal

i nd ustrial practice such as the

pai nt ing of structures presents

adeq uate protection. However, the

cont inuing land reclamation and

deve lopment of amenities surrounding

t he P ower Station has contributed

s igni ficantly to the risk of local

pol lution affecting more businesses and peopl e than was the case when the

deci sion was first taken to site the

P ow er Station on what was then

pr om ontory surrounded on three sides by t he s ea. The problem of occasional

par ticulate fall-out is common to all

oi l- fired power stations, but its

i m pac t at La Collette is particularly

not iceable because of the extraordinary w a y i n which building and leisure

deve lopments have been allowed to take pl ace i mmediately around the chimney.

5 . An environmental impact study of La

C ol lette Power Station was commissioned by t he States in response to Jersey

E l e ctricity's planning application in

t he l  ate 1980's for a coal-fired plant

t o b e built alongside the existing

pl ant . The study included the existing

pow er plant and the consultants

r et ai ned by the Island Development

C om mittee confirmed that the impact of

i ts em issions on the Island's

envi ronment and population was

i ns i gnificant and well within

i nt er nationally defined levels.

6 . Over the past three to four years there

have been an increasing number of

com plaints, particularly from boat

ow ner s using the marina facilities.

T her e have also been singular

com plaints from a small number of

pr op erty owners and more recently from

a co mmercial organisation at La

C ol lette. The TA Centre, which is in

ver y close proximity has also been

af fec ted under certain wind conditions.

A vol untary agreement was made with the S t . H elier Boat Owners' Association and

t he H arbour Office two years ago and

t hi s has ensured a prompt response by

J er s ey Electricity to the occasional

need to undertake boat cleaning. The

com pany has enjoyed the full co-

oper ation of the substantial majority

of b oat owners under these

ci r cum stances.

7 . Jersey Electricity is very familiar

w i t h the requirements of Her Majesty's I ns pectorate of Pollution and whilst it

w o ul d welcome any guidance, as an enf orcement agency they are not an appr opriate body to provide specific advi ce. However, the power plant

m anuf acturing industry world-wide and t he s cientific community continue to

r es pond t o the demands of energy

ut il ities, whether electricity, gas,

oi l or otherwise, to minimise the

envi ronmental impact of energy use by s oci ety and meet the requirements of

s uch agencies. Jersey Electricity

cont inues to work closely with leaders of t he manufacturing and research

s ec tors to identify and implement

appr opriate measures.''

Incinerator plant ash disposal In Jersey: strategies for the future - question and answer (Tape No. 284)

Senator Stuart Syvret asked Deputy Dereck André Carter, President of the Public Services Committee, the following question -

A recent Public Services Department

r eport entitled Incinerator Plant Ash

D isposal In Jersey: Strategies For The

F uture', recommended that The current

m ethod of ash disposal should continue'. T his recommendation is seriously

c ontradicted by the E.R.M. report into ash d isposal. Will the President state which of t he two reports he believes to be

c orrect?''

The President of the Public Services Committee replied as follows -

The Senator states that the report

r ecommended that The current method of ash d isposal should continue.'

M ay I read to him a copy of a memo sent to a ll Public Services Committee members by t he report's author, Mr. Brian Stuttard, on

1 6th February 1995 -

It ha s been pointed out to me that the r ec om mendations on the report on ash di spos al may lead the Committee to

bel i eve that the current ash disposal

pr oc edures are the most appropriate,

and s hould continue. This is not what t he r eport recommends, and to clarify t he s ituation I have amended section

10.1 a nd 10.2.

P l e ase would you destroy the copy of t he r eport which was circulated two

w e eks ago - the copy circulated with

t he age nda has been amended (on page 21 ) .'

Wha t Mr. Stuttard did recommend was t ha t the Committee should consider

w h et her it wished to institute a policy of p lacing ash below high water level but above low water level - provided

t ha t this did not contravene the

f or t hcoming Ospar Convention.

P ar agraph 10.2 stated Until these

i ss ues are resolved, the current method of a sh disposal should continue.'

Mr . S tuttard's report, which advanced a num ber of scientific reasons why below hi g h water placement might be safer,

w a s NOT adopted by the Committee beca use it decided that it wished to

cl ar ify the full implications of the

O s par Convention; and also to discuss t he r eport with the Environmental

A d vi ser.

A s r egards contradictions' between Mr. S t ut tard's report and the E.R.M.

r ep ort, in fact they echo each other

r em arkably as the following quotes will s how -

P ubl ic Services' report, page 2 -

S i nc e J ersey has no landfill

si te s , t here is, at the moment, no al t er na tive but incineration for

t he bul k of the solid waste

pr oduce d.'

E .R .M. report, page 31 -

I nci ner ation as a means of volume reduct ion should continue to play

a s ign i ficant role in the overall

st r at e gy f or waste management in Je r s e y.'

P ubl ic Services report, page 5 -

Whi l s t the statistics do not by

an y m e ans prove that there is no

pol l u ti on, they certainly do not

pr ovi de an y evidence whatsoever to su ppor t the contention that

pol l u ti on exists.'

E .R .M. report, page A5 -

A t t h i s point in time, these and

ot her r eports do not prove

co ncl us ively either way that there is no p ollution or that pollution

ex i s ts .'

P ubl ic Services' report, page 19 -

I t i s es sential that accurate

recor ds of the location of the ash in t h e var ious reclamation sites

ar e m ai ntained.'

E .R .M. report, page (iv) -

Wi l l r equire a greater degree of co nt r ol in terms of restrictions

on m ixi ng with non special waste (f or exam ple, inert waste), duty

of car e pr ovisions (consignment not es , et c.) and the keeping of

de t ai l e d site records:'

P ubl ic Services report, page 20, 9.3 -

T es ts ca rried out elsewhere and

theor et ical studies suggest that

P C D D s and PCDFs will remain in the si te and will not be released into

the m ar ine environment in

su f f ici ent quantities to cause

co ncer n.'

E .R .M. report, page (ii) -

N o det ectable amounts of dioxins an d di o benzo furans could be

leac hed f rom the incinerator

res idues with sea water and the

repor t c oncludes that these

co m po unds are unlikely to be

pr obl em atic providing that

pa r t icu late matter is prevented

fr om es caping.'

P ubl ic Services report, page 20 -

Whi l s t it could be argued that

the pl aci ng of incinerator plant

as h i n t he sea does not contravene the O s lo or Paris Conventions, it w i ll cont ravene the OSPAR

C onve ntion when this is ratified

on b ehal f of Jersey.'

E .R .M. report, page (iv) -

A t t h i s time, however, Jersey is

not a s ignatory to the London

C onve ntion and has not enacted

legi sl a tion to meet the

requi rem ents of the OSPAR

C onve ntion. It is Jersey's

int e nt i on to comply with the

requi rem ents of OSPAR ..... The O S P A R Convention totally prohibits the dum ping of waste within

sp eci fi ed limits ..... ''.

Whi lst we are on the subject of

cont radiction, as recently as 1st March

t hi s year the Senator was quoted as

havi ng written to the Attorney General

as ki ng that the Public Services

C om mittee be prosecuted under the 1979 S ew erage (Miscellaneous Provisions) Law f or allowing leachate comprising heavy m et als from the ash to enter the sea'.

H e now appears to support the E.R.M. r ep ort which states At this point in

t im e, these and other reports do not pr ov e conclusively either way that

t he r e is no pollution or that pollution exi s ts.'

I n c onclusion, however, it is quite

t rue t hat the final recommendations

r ea che d by the two reports differ. I do not yet have a view on which of the two ar e cor rect since BOTH recommend

f ur t her scientific testing. All of

t he s e matters will be discussed at the

f or t hcoming joint Committee meeting bet w een my Committee and the Planning and E nvironment Committee.''

Ash disposal and reclamation site contamination - questions and answers (Tape No. 284)

Senator Stuart Syvret asked the Connétable of

St. John , President of the Planning and Environment Committee, the following questions -

1. Wi ll the President advise if the

st udi es carried out by E.R.M. and W .R .C . alert are the only

indepe ndent assessments of

inci ner ator ash disposal and

recl am ation site contamination to ha ve be en commissioned?

2 . If the answer to (1) is no, will the P r es ident please specify what other i nd ependent studies have been

under taken, their extent and m et hodology, and their date of com pletion?''

The President of the Planning and Environment Committee replied as follows -

1. A s far as I and my Committee are

aw ar e, t he only two truly

i nde pende nt assessments' of

ei t h er i ncinerator ash disposal

an d r ecl amation site contamination to have been commissioned are the E .R .M . study and the W.R.C. alert st udy.

T he E .R.M. study was commissioned by my C om mittee under its new

r es pons ibilities for the environment on

23r d March this year and Members of the

S t a tes have seen that report. The

W.R .C. alert study was commissioned by

t he Wa terfront Enterprise Board, and

copi es of two reports dated February

1995 a nd March 1995 were released to us onl y last Thursday.

My C ommittee had previously requested t ha t the W.R.C. alert report was made avai lable to E.R.M. Similarly, my

C om mittee requested that all internal

r ep orts produced by the Public Services D e par tment and available to that

C om mittee were also available to E.R.M. I ha ve been advised by E.R.M. that this

r eq uest has been complied with.

I ha ve requested that Planning and

E nvi ronment files be searched to

es tabl ish whether earlier independent r ep orts were commissioned before my C om mittee took over responsibility for envi ronmental matters in 1994.

I n N ovember 1991 a working party was f or m ed by Senator Quérée to deal with m o nitoring, I believe by the Sea

F i sher ies Advisory Panel, comprising

of fi cers of the Departments of

A g r iculture, Public Health, Public

S er vices and Dr. Romeril, who was at

t ha t time Conservation Officer for the

I sl and Development Committee. It was deci ded that Dr. Romeril would act as co - ordinator to the group for the

m o nitoring of heavy metal pollution of

t he m arine environment. The previous

I sl and Development Committee received hi s first report in November 1992. This

r ep ort was circulated to all States

m em bers in September 1993. A further

r ep ort of the marine monitoring

pr og ramme produced by Dr. Romeril was com pleted in January 1995 which was

m ade a vailable to the Public Services

D e par tment.

2 . The study report previously referred to by D r. Romeril drew on marine samples t aken s ince November 1987. The marine s pec ies chosen for sampling were those w h i ch were readily available and for

w h i ch comparative data is known. They al s o r epresent different levels in the

f ood chain. The species chosen for

m o nitoring were -

S li ppe r limpet (Crepidula

for ni cat a)

S hor e c rab (Careinus maenus)

P out i n g (Trisopteris luscus)

W hel k (Buccinium undatum)

G r e en S eaweed (Enteromorpha sp.)

Mos tly samples were collected to the eas t and west of Elizabeth Castle until 1990 a nd then from the middle of St. A u bi n's Bay. During 1991 samples of cr ab and lobster from commercial

f is her ies were sampled.

T he m etals tested and results produced f or t he content of -

C adm i um L ea d

C oppe r Z inc

M er c ur y

I n 1 992 samples were extended to

i nc l ude Fucus Seratis (Brown Seaweed) and t he Common Limpet (Patella

V u l gata). These species are good

i nd icators of metals.

I n t he period leading to the second

r ep ort in January 1995 samples were col l ected at the following sites, all on t he lower shore -

W es t of Albert m ap ref. 646480 L a C ol lette m ap r ef. 647473 S t. A ubi n m ap ref. 612484 C or bi e re m ap r ef. 553480 G or e y m ap r ef . 718503

S am ples were also taken at Les Ecréhous and c ommercial oysters which had been col l ected from a fishery on the south- eas t coast and stored under a pontoon at L a Collette.

T hi s monitoring work is continuing under the control of my Department, and an i nterdepartmental working group has been set up. Reports will be made

publ ic by my Committee when received.''

La Colomberie/Green Street Junction and 7 Francis Street, St. Helier : sale and cession of land. P.79/95

THE STATES commenced consideration of a proposition of the Public Services Committee regarding the sale of land at the junction of La Colomberie and Green Street and the cession of land to the public in Francis Street, St.

Helier. After discussion, and on the proposition of Senator Corrie Stein, the proposition was lodged au Greffe''.

Fort Regent, St. Helier : licence for premises formerly trading as Bonapartes''

THE STATES, adopting a proposition of the Sport, Leisure and Recreation Committee -

( a) approved the granting to Modern Hotels E nt ertainments Limited of a licence in

r es pec t of the following premises

w i t hin Fort Regent, St. Helier - Rooms

B P S , Rooms 45, 46, 47 and Rooms S13, S 14 an d S15 shown hatched on drawing N o . 807 f or a period of two years at an

annua l fee of 15 per cent of gross

i nc om e, subject to the Committee having an op tion to terminate the licence

agr eement upon six months' notice;

( b) authorised the Greffier of the States t o s ign the said drawing on behalf of t he S tates;

( c) authorised the Greffier of the States t o s ign the necessary licence

agr eement.

Cherry Orchard Court, Grands Vaux, St. Helier : approval of drawings - P.59/95

THE STATES, adopting a proposition of the Housing Committee -

( a) approved drawings Nos. 1328/10A, 12, 13, 14, 16A, 17, 18A, 19, 20A, 21A,

22A , 23, 26, 27 and 1157/01 - 03

s how ing the phased refurbishment of

C her ry Orchard Court, Grands Vaux, St. H e l ier;

( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t he S tates.

Sea Fisheries (Miscellaneous Provisions) (Amendment) (Jersey) Regulations 1995 - P.61/95

THE STATES, in pursuance of Articles 2 and 22 of the Sea Fisheries (Jersey) Law 1994, made Regulations entitled the Sea Fisheries (Miscellaneous Provisions) (Amendment) (Jersey) Regulations 1995.

Nos. 5-11½ Cannon Street, St. Helier : transfer of administration - P.62/95

THE STATES, adopting a proposition of the Planning and Environment Committee -

( a) approved the transfer of the

adm inistration of the site at Nos. 5-

11½ Cannon Street, St. Helier , as shown on dr awing No. 472/1, from the Planning and E nvironment Committee to the

H o us ing Committee, for development for r en tal accommodation;

( b) authorised the Greffier of the States t o s ign the said drawing on behalf of t he S tates.

Uplands Hotel and part of Field No. 1218, St. John 's Road, St. Helier : development - P.64/95

THE STATES, adopting a proposition of the Planning and Environment Committee, supported the intention of the Planning and Environment Committee to grant permission for the construction of eight two-person and four four- person self-catering units, together with car parking and landscaping, on land at Uplands Hotel and part of Field No. 1218, St. John 's Road, St. Helier , as shown on drawing No. 471/1 which is situated within an area designated as Green Zone on the Island Plan.

Unlawful Public Entertainments (Jersey) Regulations 1995 - P.65/95

THE STATES commenced consideration of the draft Unlawful Public Entertainments (Jersey) Regulations 199 and adopted the Preamble.

Members present voted on the Preamble as follows -

P our '' (40) Senators

S henton, Jeune , Horsfall, Rothwell, Le M ain, Stein, Chinn, Bailhache , Tomes.

Connétable s

S t. Clement, St. Lawrence , St. Mary , St. B relade, St. Peter , Grouville , St. Helier , S t. Saviour, Trinity , St. Martin , St. John .

Deputies

R umboll(H), Wavell(S), St. Peter ,

H . Baudains(C), Le Sueur (H), St. Ouen ,

C outanche(L), Huelin(B), St. Mary ,

S . Baudains(H), Le Fondré(L), Le Geyt(S), C respel(H), Trinity , Duhamel(S),

R outier(H), Layzell(B), Breckon(S),

H uet(H), St. Martin .

C ont re'' (7) Senator

Syvret. Deputies

C arter(H), Johns(H), Matthews(B), Dorey(H), G rouville, St. John .

Articles 1, 2, 3, 4, 5, 6 and 7 were adopted.

THE STATES, by virtue and in exercise of the powers conferred on them by the Order in Council of the fourteenth day of April 1884, made Regulations entitled the Unlawful Public Entertainments (Jersey) Regulations 1995.

Motor Vehicle Registration (Amendment) (Jersey) Law 1995 (Appointed Day) Act 1995 - P.66/95

THE STATES, in pursuance of Article 5 of the Motor Vehicle Registration (Amendment) (Jersey) Law 1995, made an Act entitled the Motor Vehicle Registration (Amendment) (Jersey) Law 1995 (Appointed Day) Act 1995.

Hire Cars (Amendment No. 2) (Jersey) Law 1995 - P.67/95

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Hire Cars (Amendment No. 2) (Jersey) Law 1995.

States of Jersey Audit Commission - Report No. 1: purchasing by States Departments - P.68/95

THE STATES, having accepted an amendment of Deputy Gary Matthews of St. Brelade that the existing paragraph be numbered (1) and that a paragraph (2) be inserted, adopted a proposition of the Finance and Economics Committee and -

( 1) referred to the first report of the

S t a tes of Jersey Audit Commission,

dat ed 15 th February 1995 (R.C.12/95),

conc erning purchasing by Departments of t he S tates and approved the

es tabl ishment of a Purchasing and

S uppl y Strategy Group to be appointed

by t he Finance and Economics Committee t o w  hom it would report;

( 2) requested the proposed Purchasing and S uppl y Strategy Group to give due

cons ideration to environmental issues

i n i ts development of a corporate

S t a tes purchasing and stock control

s tr at egy.

No. 12 Castle Street, St. Helier : sale of land - P.69/95

THE STATES, adopting a proposition of the Public Services Committee -

( a) approved the sale to Channel Island

P r ope rty Holdings Limited of 850 square f ee t of land formerly part of 12 Castle

S t reet , St. Helier , at the junction of

C as tle Street and La Rue des Mielles,

S t . H elier, as shown on drawing

N o . 473/ 1 for the sum of £40,000, with

t he pur chaser being responsible for

paym ent of all legal costs;

( b) authorised the Greffier of the States t o s ign the said drawing on behalf of t he S tates;

( c) authorised the Attorney General and the G r effier of the States to pass on

beha lf of the public any contracts

w h i ch it might be found to be necessary

t o p ass in connexion with the said s al e;

( d) authorised the Treasurer of the States t o r eceive the proceeds of sale of the

s ai d l and.

THE STATES rose at 1.08 p.m.

C .M . N E WC O MB E D eput y Greffier of the States.