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1240/5(3105)
WRITTEN QUESTION TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES BY CONNETABLE A.S. CROWCROFT OF ST. HELIER
ANSWER TO BE TABLED ON TUESDAY, 21st NOVEMBER 2006
Question
- Would the Minister advise whatprogress has been madetowards fulfilling the decision oftheStateson 13th July 2005, that the Committeebe charged to work with theParishofSt.Heliertoundertake further research and bringforward for consideration proposals for the resolution of the presentcovenanton the Bellozanne site'?
- Would the Minister explain his understanding ofwhatbenefitsand protection for the Parish of St. Helier are currently in place as a result of the covenant?
- Does the Minister regard the existenceofthe covenant as an obstacle in his implementationof the Solid Waste Strategy(P.95/2005)as adopted bythe States, andifsowhy?
Answer
- WhentheWasteStrategywasbeingprepared, the option of introducing some form of charge for the disposalofresidualwaste to pay for a newenergy from wasteplantwas being considered.At that time, the covenantwasseenas a potential obstacle in achieving a fairand equitable chargingmechanism that could be applied Island wide.Followingdetailed discussion with the Treasury and subsequent approval by the States for the inclusion in the Capital program for the replacement of the Bellozanne incinerator, the urgency to resolve the original covenant haspassed.
As it was felt that further research would require considerable resource to be devoted to it and as other elements of the waste strategy were of a higher importance, this work has been delayed and consequently, no progress has been made.
H o w ever, in the long-term interest of the Island, the relevance of the covenant, its exact meaning and
impact will need to be clearly understood.
- The exactmeaningof a covenant and the implications it mayhave on the affected parties is generally a complex legal matter that has required much interpretation by legal professionals. Unfortunately, it appears that the Bellozanne covenant is one that will dependon such legal interpretation andpossibly,in the longer term, a ruling by the Courts. As a result, I cannot give the Connétable any definitive explanation ofthebenefitsand protection for the Parish of St. Helier .
- I donotconsiderthe existence ofthe covenant to bean obstacle in implementing theSolidWaste Strategy (P.95/2005).Asthere are nocurrentplansto introduce a chargeforthedisposal of residualwaste into a new energy from waste facility and the covenant doesnot prevent thewaste strategy, asapproved, from being implemented, further detailed workhas been delayed whilstthemore critical elements of the strategy are developed.