Roads
Administration (Jersey) Law 1960[1]
A LAW to provide new means for the
acquisition of land for the purposes of road construction and improvement, to
control building near roads and access to land from roads, and otherwise to
amend the law relative to road administration
Commencement
[see
endnotes]
1 Interpretation
In this Law, unless the context otherwise requires –
“by-road” has the same meaning as “chemin vicinal” in the Loi (1914) sur la Voirie;
“highway authority”, in relation to a main road, means
the Minister and, in relation to a by-road, means the Roads Committee of the parish
in which the road is situated;
“improvement”, in relation to any road, includes the
widening of the road, the adjustment of the boundaries of the road, the
levelling of the road and the doing of other works in respect of the road
beyond ordinary repairs essential to placing it in a proper state of repair,
the planting, laying out, maintenance and protection of trees, shrubs, flowers
and grass margins in and beside the road, and the placing on or near the road
of notices, milestones and signposts;
“main road” has the same meaning as “grande route” in the Loi (1914) sur la Voirie;
“Minister” means the Minister for Infrastructure;
“road” means a road, bridge, viaduct or subway which is
repairable at the expense of the States or any parish, and includes the
carriageway, footpath and any other part of such a road, bridge, viaduct or
subway.[2]
2 Consultation
with Connétables
In the exercise by the Minister of his or her powers under this Law
in relation to any road or land, the Minister shall consult with the Connétable
of the parish in which the road or land is situate.
3 Power
to acquire land for purposes of road construction and improvement
(1) Where it appears to the
States that any land should be acquired by the public of Jersey for the
construction of a new road or the improvement of an existing main road, it
shall be lawful for the States to acquire such land by compulsory purchase on
behalf of the public in accordance with the provisions of the Compulsory Purchase of Land
(Procedure) (Jersey) Law 1961, and, in relation to the acquisition of any land
as aforesaid, the Minister shall be the acquiring authority within the meaning
of the said Law.
(2) The powers conferred by
paragraph (1) shall extend to empower a parish to acquire land for the
construction of a new road or the improvement of an existing by-road and, in
relation to the exercise of such powers, the Compulsory Purchase of Land
(Procedure) (Jersey) Law 1961, shall have effect as if references therein to
the States were references to the Parish Assembly, to the Connétable,
and references to the acquiring authority were references to the Roads Committee
of the parish.
(3) In assessing the amount
of the compensation payable to any person in relation to a compulsory purchase
under this Article, an official arbitrator, in addition to acting in accordance
with the rules laid down in Article 10 of the Compulsory Purchase of Land
(Procedure) (Jersey) Law 1961, shall have regard to the extent to which any
remaining contiguous land belonging to that person may be benefited by the
purpose for which the land is authorized to be acquired and in particular, but
without prejudice to the generality of paragraphs (1) and (2), shall, in
the case of land authorized to be acquired for the widening of any road, set
off against the value of the land to be acquired any increase in the value of
other land belonging to the same person which may accrue by reason of the
creation of a frontage of that other land to the road as widened.
(4) Any new road
construction on land acquired in pursuance of the powers conferred by the
foregoing provisions of this Article shall, if acquired by the States, be
classified as a main road and, if acquired by a parish, be classified as a
by-road.
4 Prevention
of obstruction to view at corners and bends
(1) Where a highway
authority is of opinion that it is necessary for the prevention of danger
arising from obstruction to the view of persons using a road to impose
restrictions with respect to any land at or near any corner or bend in the
road, the highway authority may serve a notice on the owner of the land
directing the owner to alter the height or character of any wall (not being a
wall forming part of the structure of a permanent building), bank or hedge thereon
so as to cause it to conform with any requirements specified in the notice.
(2) There shall be annexed
to any notice served under this Article a plan showing the land to which the
notice relates.
(3) If any person on whom a
notice has been served under this Article objects to complying with any
requirement of the notice, or objects to any restriction imposed, the person
may, within 14 days after receipt of the notice, send the person’s
objection in writing, stating the grounds thereof, to the highway authority and
thereupon the question whether the notice shall be withdrawn as respects any
such requirement shall be determined in the manner provided by this Article.
(4) Any person on whom a
notice is served under this Article shall have power, notwithstanding anything
in any contract, lease or other agreement, to do all such things as may be
necessary for complying with the requirements of the notice.
(5) Where notice has been
served on any person under this Article, the highway authority may, with the
consent of that person, do on the person’s behalf anything necessary for
complying with the requirements of the notice.
(6) Subject to the
provisions of this Article, if any person on whom a notice has been served
under this Article fails to comply with the requirements of the notice, the person
shall, without prejudice to any other proceedings which may be taken against the
person, be guilty of an offence and shall be liable to a fine of level 2 on the
standard scale, and any person so convicted shall within such time as the court
may allow do all such things as may be necessary to conform to the requirements
of the notice, and if the person fails to do so he or she shall be deemed to
commit a continuing offence and shall be liable to a fine of level 1 on the
standard scale for each day upon which the offence continues.[3]
(7) Any person on whom a
notice is served under this Article shall be entitled to recover from the
highway authority any expenses reasonably incurred by the person in carrying
out any directions contained in the notice; and any person sustaining loss in
direct consequence of any requirement of a notice served under this Article
shall, if the person makes a claim within 6 months after the service of the
notice, be entitled to recover from the highway authority compensation for the
loss sustained.
(8) If any question
arises –
(a) as to
the amount of any compensation payable under this Article;
(b) whether
a notice served under this Article shall be withdrawn as respects any
requirement objected to in manner provided by this Article; or
(c) whether
any expenses were reasonably incurred by any person in carrying out directions
contained in a notice served under this Article,
the question shall be decided, if the parties so agree, by a single
arbitrator appointed by them, or in default of such agreement as aforesaid, by
the Inferior Number of the Royal Court.
(9) In this Article –
“hedge” includes any tree or shrub, whether forming part
of a hedge or not;
“land” includes land covered with water;
“owner” has the same meaning as in the Rates (Jersey) Law 2005;
“wall” includes any partition of whatsoever material
constructed and any hoarding.[4]
5 Ownership
of road materials
Any materials removed from a road in the course of the improvement
or repair of the road shall be the property of the highway authority.
6 Notices
Any notice required or authorized to be sent or served under or for
the purposes of this Law may be sent or served either –
(a) by delivering it to the
person to or on whom it is to be sent or served;
(b) by leaving it at the
usual or last-known place of abode of that person;
(c) by sending it in a
prepaid letter addressed to that person at the person’s usual or
last-known place of abode;
(d) in the case of a body
corporate or unincorporate, by delivering it to the secretary or clerk of the
body at its registered or principal office or by sending it in a prepaid letter
addressed to the secretary or clerk of the body at that office; or
(e) if it is not
practicable after reasonable inquiry to ascertain the name and address of an
owner or occupier of premises on whom it should be served, or if the premises
are unoccupied or the name of the owner or occupier is not known, by addressing
it to the owner or occupier by the description of “owner” or
“occupier” of the premises (naming them) to which it relates and by
delivering it to some person on the premises or, if there is no person on the
premises to whom it can be delivered, by affixing it or a copy of it to some
conspicuous part of the premises.
7 Savings
(1) Save as otherwise
expressly provided by this Law, the powers conferred by this Law shall be in
addition to, and not in derogation of, any powers conferred by any other
enactment.
(2) [5]
8 Citation
This Law may be cited as the Roads Administration (Jersey)
Law 1960.