Roads (Drainage) (Jersey)
Law 1962
A LAW to make further provision for
the drainage of surface water from roads
Commencement
[see
endnotes]
1 Interpretation
In this Law –
“adjoining” includes abutting on;
“highway authority” and “road” have the same
meanings as in the Roads Administration (Jersey)
Law 1960;
“land” includes land covered by water;
“owner” has the same meaning as in the Rates (Jersey) Law 2005.[1]
2 Drainage
of roads
(1) The highway authority
may, for the purpose of draining a road administered by that authority or of
otherwise preventing surface water from flowing on to it, do all or any of the
following, that is to say –
(a) construct
or lay, in the road or in land adjoining or lying near to the road, such
ditches, gutters, drains, watercourses, bridges, culverts, tunnels or pipes as
it considers necessary;
(b) erect
barriers in the road or in such land as aforesaid to divert surface water into
or through any existing ditch, gutter, drain, watercourse, bridge, culvert,
tunnel or pipe;
(c) scour,
cleanse and keep open all ditches, gutters, drains or watercourses situated in
the road, or in such land as aforesaid.
(2) Where for the purpose
of draining a road administered by it or of otherwise preventing surface water
from flowing on to such road, the highway authority proposes –
(a) to
construct or lay in land adjoining or lying near to the road, any ditches,
gutters, drains, watercourses, bridges, culverts, tunnels or pipes; or
(b) to
erect barriers in such land to divert surface water into or through any
existing ditch, gutter, drain, watercourse, bridge, culvert, tunnel or pipe,
the highway authority shall serve notice of its intention to do so
on every owner, lessee and occupier of that land, and such notice shall contain
a sufficient description of the land, and shall specify the proposed site
of –
(i) the
work to be constructed or laid in the land under sub-paragraph (a); or
(ii) the
barrier to be erected in such land under sub-paragraph (b); and
(iii) refer
to the powers of the highway authority set out in paragraph (1)(c).[2]
(3) The highway authority
shall, as soon as may be after the notice under paragraph (2) has been
served, make application to the Inferior Number of the Royal Court for an order
that the notice be registered in the Public Registry of Contracts and such
registration shall constitute public notice of the proposal of the highway
authority to do in that land such of the things set out in paragraph (1)(a),
(b) and (c) as are specified or referred to in the notice.[3]
(4) Where injury is
sustained by the owner or occupier of any land, not being waste or common land,
by reason of the exercise by the highway authority of any of its powers under paragraph (1),
the authority shall be liable to make reasonable compensation to the injured person,
and in the case of dispute the amount of the compensation shall be determined
by arbitration.
(5) If a person, without
the consent of the highway authority, alters, obstructs or interferes with a
ditch, gutter, drain, watercourse, bridge, culvert, tunnel, pipe or barrier
which has been constructed, laid or erected by the authority in exercise of its
powers under paragraph (1), or which is under its control, the authority
may carry out any work of repair or reinstatement necessitated by the action of
that person and may recover from that person as a civil debt the expenses
reasonably incurred by it in so doing, and, without prejudice to the right to
exercise that power, the person shall be liable to a fine not exceeding 3 times
the amount of those expenses.
3 Citation
This Law may be cited as the Roads (Drainage) (Jersey) Law 1962.