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WQ.375/2021
WRITTEN QUESTION TO THE MINISTER FOR THE ENVIRONMENT BY DEPUTY M.R. HIGGINS OF ST. HELIER
QUESTION SUBMITTED ON MONDAY 20th SEPTEMBER 2021 ANSWER TO BE TABLED ON TUESDAY 28th SEPTEMBER 2021
Question
Will the Minister –
- publish for members the terms of the sand extraction agreement or contracts held between the States of Jersey and Simon Sand and Gravel Ltd (redacted where commercially sensitive or confidential);
- set out the requirements for restoring the site when the current planning permit to extract sand expires in 2023;
- advise members whether there have been any recorded breaches of contract; and
- outline the legal remedies and/or penalties that arise from any breaches, as defined within the contract?
Answer
- The Minister is not aware of any agreements or contracts held between the States of Jersey and Simon Sand and Gravel Ltd. Regarding sand extraction.
- Planning permission exists for the continued extraction of sand until 31 December 2023 and this requires that restoration must be complete by 31 December 2025. The latest consent is a 5 year extension to the previous (2003) permission. Copies of those permissions, together with the conditions and restrictions imposed, are available on the Planning Register
P/2003/1318 https://www.gov.je/citizen/Planning/Pages/PlanningApplicationDetail.aspx?s=1&r=P/2003/1318 RC/2018/0816 https://www.gov.je/citizen/Planning/Pages/PlanningApplicationDetail.aspx?s=1&r=RC/2018/0816
- and d) The Minister is not aware of the existence of any contract and therefore is not aware of any contractual breaches.
Additional information
• The Minister is aware that a Sand Levy Trust was established at the request of the States of Jersey in 1976. The purpose of the Trust is to amalgamate funds (levied from the extraction of sand from the quarry) and put these aside towards restoration of the quarry following the completion of extraction.
• The Minister is aware that conversations between the operator of the site and regulatory officers are continuing with regard to the future restoration of the site. It is important to note that the operator's obligation to restore the site is bound by planning permission rather than any contractual agreement.