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WRITTEN QUESTION TO THE MINISTER FOR PLANNING AND ENVIRONMENT BY DEPUTY M.R. HIGGINS OF ST. HELIER
ANSWER TO BE TABLED ON TUESDAY 29th MAY 2012
Question
Further to previous responses given, will the Minister advise Members -
- which specific laws, Regulations, orders, guidance notes and procedures his Department audited in advance of the coming into force of the Human Rights (Jersey) Law 2000, and which they did not?
- which laws, Regulations, orders, guidance notes and procedures his department has asked the Law Officers' Department to audit or comment upon since I first raised this issue?
Answer
- The table below lists the Laws and subordinate legislation that are administered bymy Department, and includes details on which laws have been reviewed for Human Rights (Jersey) Law 2000 compliance.
- My department is working with the Law Officers' Department to identify if there are any higher risk areas within my department that need auditing for Human Rights (Jersey) Law 2000 compliance.
As requested in my answer to question 6873 asked by Deputy M.R. Higgins of St. Helier on Tuesday 15th May, if there are any convention rights that the Deputy believes are challenged by my department, I would be grateful if he would draw them to my attention, or he can seek his own advice from the Law Officers.
The Department administers the following Laws and subordinate legislation: | |
| Reviewed (in part or whole) for Human Rights (Jersey) Law 2000 compliance? * |
Environment Division |
|
Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974 |
|
Agricultural Marketing (Jersey) Law 1953 | Yes. (ref:P.107/2003) |
Animals (Trapping)(Jersey) Law 1961 |
|
Animal Welfare (Jersey) Law 2004 | Yes (ref: P.126/2003) |
Artificial Insemination of Domestic Animals (Jersey) Law 1952 |
|
Conservation of Wildlife (Jersey) Law 2000 | Yes (ref: P.187/2001) |
Dangerous Wild Animals (Jersey) Law 1999 |
|
Diseases of Animals (Jersey) Law 1956 | Yes (ref: P.29/2005) |
Diseases of Animals (Rabies) (Jersey) Law 1976 |
|
Draft Endangered Species (CITES) (Jersey) Law 201- | Yes (ref: P.171/2011) |
European Communities Legislation (Implementation) (Jersey) Law 1996 | not necessary |
Fertilisers and Feeding Stuffs (Jersey) Law 1950 | Yes (ref: P.28/2005) |
Food and Environmental Protection Act 1985 (Jersey) |
|
Pesticides (Jersey) Law 1991 |
|
Pet Travel Scheme (Jersey) Regulations 2011 |
|
Planning and Building (Environmental Impact Assessment) (Jersey) Order 2006 | Yes (ref: P.50/2001) |
Plant Health (Jersey) Law 2003 | Yes (ref: P.1/2003) |
Sea Fisheries (Jersey) Law 1994 | Yes (ref: P.95/2002) |
Sea Fisheries (Channel Islands) Order 1973 |
|
Loi (1894) sur la coupe et la pêche des vraics |
|
Sea Beaches (Removal of sand and stone) (Jersey) Law 1963 |
|
Protection of Agricultural Land (Jersey) Law 1964 |
|
Slaughter of Animals (Jersey) Law 1962 |
|
Waste Management (Jersey) Law 2005 | Yes (ref: P.88/2004) |
Water Pollution (Jersey) Law 2000 | Yes (ref: P.11/2006) |
Water Resources (Jersey) Law 2007 | Yes (ref: P.26/2007) |
Water (Jersey) Law 1972 as amended | Yes (ref: P.24/2003) |
Weeds (Jersey) Law 1961 |
|
Endangered Species (CITES) (JERSEY) Law 2011 | Yes (ref: P.171/2011) |
Planning and Building Services Division |
|
Planning and Building (Jersey) Law 2002, as amended. | Yes (ref: P.50/2001, P.210/2004) |
Planning and Building (Public Inquiries) (Jersey) Order 2008 | Yes (ref: P.50/2001) |
Building Bye-Laws (Jersey) 2007, as amended. |
|
Planning and Building (Building Bye-Laws) (Jersey) Order 2007 | Yes (ref: P.50/2001) |
Planning and Building (Application Publication) (Jersey) Order 2006 |
|
Planning and Building (Display of Advertisements) (Jersey) Order 2006 |
|
Planning and Building (Environmental Impact) (Jersey) Order 2006 |
|
Planning and Building (General Development) (Jersey) Order 2011 |
|
Planning and Building (Island Plan) (Jersey) Order 2009 | Yes (ref: P.127/2005) |
Planning and Building (Movable Structures) (Jersey) Order 2006 |
|
Planning and Building (Fees) (Jersey) Order 2010 (to be replaced by 2011) | not necessary |
High Hedges (Jersey) Law 2008 | Yes (ref: P.51/2007 |
High Hedges (Application Fee) (Jersey) Order 2008 (to be replaced by 2009) | not necessary |
* In accordance with the provisions of Article 16 of the Human Rights (Jersey) Law 2000 the Minister made a statement to the effect that in the Minister's view the provisions of the projet de Loi are compatible with the Convention rights – (Article 16 only applies to laws) | |