Reservoirs (Jersey)
Law 1996[1]
A LAW to make provision against
escapes of water from large reservoirs; and for
connected purposes
Commencement
[see
endnotes]
PART 1
PRELIMINARY
1 Interpretation
In this Law unless the context otherwise requires –
“construction engineer” has the meaning assigned to it
by Article 6;
“Court” means the Royal Court;
“final certificate”, “interim certificate”
and “preliminary certificate” have the meanings respectively
assigned to them by Article 7;
“inspecting engineer” has the meaning assigned to it by Article 10;
“Minister” means the Minister for Infrastructure;
“prescribed” means prescribed by an Order made by the Minister;
“qualified civil engineer” has the meaning assigned to
it by Article 5;
“supervising engineer” has the meaning assigned to it by
Article 12;
“undertakers” in relation to any reservoir
means –
(a) in
the case of a reservoir that is or, when constructed, is to be managed and
operated by The Jersey New Waterworks Company Limited, that Company; and
(b) in
any other case –
(i) if the reservoir
is used or intended to be used for the purposes of any undertaking, the persons
for the time being carrying on that undertaking, or
(ii) if
the reservoir is not so used or intended to be used, the owners or lessees of
the reservoir.[2]
2 Meaning of “reservoir”, “raised reservoir”
and “large raised reservoir”
(1) For the purposes of
this Law, “reservoir” means a reservoir for water as such (but does
not include a reservoir which is wholly or partly below the high
water mark); and –
(a) a
reservoir is a “raised reservoir” if it is designed to hold, or
capable of holding, water above the natural level of any part of the land
adjoining the reservoir; and
(b) a
raised reservoir is a “large raised reservoir”
if it is designed to hold, or capable of holding, more than 10,000 cubic metres
of water above that level.
(2) The States may by Regulations
alter the capacity specified in paragraph (1)(b) in relation to a large raised reservoir.
(3) Regulations made under
this Article may contain such incidental, supplemental
or transitional provisions or savings as the States may consider necessary or
expedient.
3 Ambit of Law
(1) The provision made by
this Law in relation to reservoirs shall, unless otherwise stated, extend to any
place where water is artificially retained, whether or not
use is, or is intended to be, made of the water and references in this Law to a
reservoir shall be construed accordingly.
(2) The provision made by
this Law in relation to large raised reservoirs shall,
unless otherwise stated, extend as well to those constructed under statutory
powers as to those not so constructed.
(3) This Law shall not be
taken as conferring on any person a claim to damages in respect of a breach by
undertakers of their obligations under this Law.
PART 2
SUPERVISION OF
RESERVOIRS
4 Registration of large raised reservoirs
by Minister
The Minister shall establish and maintain a register showing the large raised reservoirs in Jersey and giving the prescribed
information about each of them; and –
(a) the
register maintained by the Minister under this Article and copies of it or a
prescribed part of it shall be kept at such place or places as may be
prescribed; and
(b) the
register so maintained, and any copy required under sub-paragraph (a) to
be kept at any place, shall be available for inspection at all reasonable times
by any person.
5 Qualification of engineers
(1) The Minister shall
establish and maintain a register of civil engineers approved by the Minister
for the purposes of this Law, or such number of different registers of
engineers approved for different purposes of this Law or for different classes
of reservoir; and any reference in this Law to a qualified civil engineer is a
reference to an engineer who is registered in the register established under
this Article or, if there is more than one such register, who is registered in
the appropriate register.
(2) The Minister shall from
time to time review the register, or registers, established under this Article
and shall make such amendments thereto as the Minister considers necessary or
appropriate.
6 Construction or enlargement of reservoirs
(1) No large raised
reservoir shall be constructed (whether as a new reservoir or by the alteration
of an existing reservoir that is not a large raised reservoir) or shall be
altered so as to increase its capacity, unless a qualified civil engineer (the “construction
engineer”) is employed to design and supervise the construction or
alteration; and where the use of a reservoir as a reservoir has been abandoned,
and the reservoir is to be brought back into use after being altered so as to
increase its capacity, that shall be treated for purposes of this Law as the
construction of a new reservoir.
(2) Where a large raised reservoir is constructed as a new reservoir, it
shall not be used for the storage of water, or be filled wholly or partially
with water, otherwise than in accordance with the certificate of the
construction engineer responsible for its construction (or, in the event of any
alteration to it, in accordance with paragraph (4)).
(3) Where a large raised reservoir is constructed by the alteration of
an existing reservoir that is not a large raised reservoir, the addition to the
reservoir shall not be used for the storage of water, or be filled wholly or
partially with water, otherwise than in accordance with the certificate of the
construction engineer responsible for the construction of the reservoir (or, in
the event of any alteration to it, in accordance with paragraph (4)).
(4) Where a large raised
reservoir is altered so as to increase its capacity, then from the time when
the construction engineer responsible for the alteration gives any certificate
for the reservoir, the reservoir shall not be used for the storage of water, or
be filled wholly or partially with water, otherwise than in accordance with the
certificate of that construction engineer (or, in the event of any further
alteration to it, in accordance with this paragraph as it applies to that alteration).
(5) Where the construction
or alteration of a reservoir is by this Article required to be supervised by a
construction engineer, the reservoir shall be under the supervision of the
construction engineer until the construction engineer gives the construction
engineer’s final certificate for the reservoir.
(6) References in this Law
to an addition to a reservoir refer to that part of the reservoir which, as a result of alterations to the reservoir, provides or
will provide additional capacity.
7 Certificates of construction engineers
(1) As soon as the
construction engineer responsible for any large raised reservoir or addition to
a large raised reservoir considers that the construction of the reservoir or
addition has reached a stage at which the reservoir or addition can properly be
filled wholly or partially with water, the construction engineer shall give a
certificate (“preliminary certificate”) specifying the level up to
which it may be filled and the conditions (if any) subject to which it may be
so filled; and the construction engineer may from time to time supersede a
preliminary certificate by the issue of a further preliminary certificate
varying the previous certificate, whether as to water level or as to
conditions.
(2) Where the construction
engineer responsible for an addition to a large raised reservoir considers at
any time during the carrying out of the alteration to the reservoir that the
reservoir ought not to be filled with water up to the level or subject to the
conditions that would be lawful apart from this paragraph, the construction
engineer may give a certificate (“an interim certificate”)
specifying the level up to which it may be filled until the issue of a
preliminary certificate, and the conditions (if any) subject to which it may be
so filled; and the construction engineer may from time to time supersede an
interim certificate by the issue of a further interim certificate varying the
previous certificate, whether as to water level or as to conditions.
(3) If, at the end of 3 years
after a preliminary certificate is first issued for a reservoir or addition to
a reservoir or at any time thereafter, the construction engineer is satisfied
that the reservoir or, as the case may be, the reservoir with the addition is
sound and satisfactory and may safely be used for the storage of water, the
construction engineer shall give a certificate (“final
certificate”) to that effect, and the final certificate shall specify the
level up to which water may be stored and the conditions (if any) subject to
which it may be so stored.
(4) If at the end of 5
years after a preliminary certificate is first issued for a reservoir or
addition to a reservoir the construction engineer has not issued the
construction engineer’s final certificate, the construction engineer
shall give the undertakers a written explanation of the construction
engineer’s reasons for deferring the issue of the final certificate.
(5) The construction
engineer giving a final certificate for a reservoir shall consider the matters
(if any) that need to be watched by a supervising engineer during the period
before there is an inspection of the reservoir under this Law and shall include
in an annex to the certificate a note of any such matters.
(6) The construction
engineer for any reservoir or addition to a reservoir shall also, as soon as
practicable after the completion of the works and in any event not later than
the giving of the final certificate, give a certificate that the works have
been efficiently executed in accordance with the drawings and descriptions
annexed to the certificate, and shall annex to the certificate detailed
drawings and descriptions giving full information of the works actually
constructed, including dimensions and levels and details of the geological
strata or deposits encountered in trial holes or excavations made in connection
with the works.
(7) References in this Law
to a final certificate or to a certificate under paragraph (6) include the
annex to the certificate, where there is one.
8 Non-compliance with requirements as to construction or enlargement
of reservoirs
(1) Where it appears to the
Minister either –
(a) that
a large raised reservoir is being constructed (whether
as a new reservoir or by the alteration of an existing reservoir that is not a
large raised reservoir) or is being altered so as to increase its capacity; or
(b) that
a large raised reservoir having been so constructed or
altered, no final certificate has yet been given for the reservoir on the
construction or alteration, as the case may be,
but that no qualified civil engineer is responsible for the
reservoir or addition as construction engineer, the Minister may by written
notice served on the undertakers require them within 28 days after the
date when the notice is served to appoint a qualified civil engineer for the
purposes of this Article unless an appointment has already been made, and (in
either case) to notify the Minister of the appointment.
(2) An engineer appointed
for the purposes of this Article shall be appointed to inspect the reservoir
and make a report on the construction or alteration and to supervise the
reservoir until the engineer gives a final certificate under this Article.
(3) An engineer acting
under this Article shall include in the engineer’s report any
recommendations the engineer sees fit to make as to measures to be taken in the
interests of safety; and, subject to any reference of the matter to an
arbitrator in accordance with Article 19, the undertakers shall carry any
such recommendation into effect.
(4) Except as provided by paragraphs (5)
and (6), an engineer acting under this Article shall have the same powers and
duties in relation to the giving of preliminary certificates, interim certificates and final certificates as if the engineer were
the construction engineer responsible for the reservoir or, as the case may be,
the addition to it; and certificates under this paragraph shall have effect for
purposes of this Law as if they were certificates of a construction engineer.
(5) A final certificate
under this Article may be given less than 3 years after the first issue of a
preliminary certificate, or without the previous issue of a preliminary
certificate, if the engineer is satisfied that the reservoir or addition has
for a period of 3 years or more been filled with water up to the level that is
specified in the preliminary certificate or, if no preliminary certificate has
been issued, up to the level that is specified in the final certificate, and
that the reservoir or, as the case may be, the reservoir with the addition is
sound and satisfactory and may safely be used for the storage of water.
(6) A final certificate
under this Article, other than one given by virtue of paragraph (5) shall
not be required to state the engineer is satisfied the reservoir or, as the
case may be, the reservoir with the addition is sound and satisfactory; but, if
it does not do so and the engineer’s report includes any recommendations
as to measures to be taken in the interests of safety, the certificate shall
instead state that those recommendations have been carried into effect.
(7) In addition to
certificates under paragraph (4), an engineer acting under this Article
shall, as soon as practicable after the completion of the works and in any event
not later than the giving of the final certificate, give a certificate that, so
far as the engineer has been able to ascertain, the works have been efficiently
executed in accordance with the drawings and descriptions annexed to the
certificate, and shall annex to the certificate detailed drawings and
descriptions giving such information as the engineer can of the works actually
constructed, including dimensions and levels and details of the geological
strata or deposits encountered in trial holes or excavations made in connection
with the works.
9 Re-use of abandoned reservoirs
(1) Where the use of a large raised reservoir as a reservoir has been abandoned
(whether before or after the commencement of this Law) the reservoir shall not
again be used as a reservoir unless a qualified civil engineer has been
employed to inspect the reservoir and make a report on it, and to supervise the
reservoir until the qualified civil engineer gives a final certificate for the
reservoir under this Article.
(2) Where a large raised reservoir is brought back into use as a
reservoir after that use had been abandoned, it shall not be used for the
storage of water, or be filled wholly or partially with water, otherwise than
in accordance with the certificate of the engineer acting under this Article (unless,
on a subsequent alteration to it, Article 6(4) applies).
(3) An engineer acting
under this Article shall include in the engineer’s report any
recommendations the engineer sees fit to make as to measures to be taken in the
interests of safety; and, subject to any reference of the matter to an
arbitrator in accordance with Article 19, the reservoir shall not be used
as such if any such recommendation has not been carried into effect.
(4) Except as provided by paragraph (5),
an engineer acting under this Article shall have the same powers and duties in
relation to the giving of preliminary certificates and final certificates as if
the engineer were the construction engineer responsible for the construction of
the reservoir; and certificates under this paragraph shall have effect for
purposes of this Law as if they were certificates of a construction engineer.
(5) A final certificate
under this Article shall not be required to state that the engineer is
satisfied that the reservoir is sound and satisfactory; but, if it does not do
so and the engineer’s report includes any recommendations as to measures
to be taken in the interests of safety, the certificate shall instead state
that those recommendations have been carried into effect.
(6) Nothing in this Article
shall apply in relation to a reservoir, if before it is brought back into use,
either –
(a) it
is altered in such manner as is to be treated for the purposes of this Law as
the construction of a new reservoir; or
(b) it
is altered under the supervision of a qualified civil engineer so as not be a large raised reservoir when brought back into use.
(7) Where it appears to the
Minister –
(a) that
a large raised reservoir has been brought back into
use as a reservoir after that use had been abandoned but that a report has not
been obtained as required by this Article; or
(b) that
a report obtained under this Article on a reservoir includes a recommendation
as to measures to be taken in the interests of safety that has not been carried
into effect as required by this Article,
the Minister may by written notice served on the undertakers require
them –
(i) within
28 days after the notice is served to appoint a qualified civil engineer
to make a report for the purposes of this Article, and to notify the Minister
of the appointment; or
(ii) within
a time specified in the notice to carry into effect any recommendation included
in a report obtained for the purposes of this Article.
(8) Where the Minister
proposes to serve a notice under paragraph (7) requiring undertakers to
carry a recommendation into effect, the Minister shall consult a civil
engineer, being a qualified civil engineer for the purpose of inspecting and
supervising the reservoir under this Article, as to the time to be specified in
the notice.
10 Periodical inspection of large raised
reservoirs
(1) The undertakers shall
have any large raised reservoir inspected from time to
time by an independent qualified civil engineer (“inspecting
engineer”) and obtain from the inspecting engineer a report of the result
of the inspecting engineer’s inspection.
(2) Unless it is at the
time under the supervision of a construction engineer (or of an engineer acting
under Article 8 or 9) a large raised reservoir
shall be inspected under this Article –
(a) within
2 years at most from the date of any final certificate for the reservoir
given by the construction engineer responsible for the construction of the
reservoir or for any alteration to it;
(b) as
soon as practicable after the carrying out of any alterations to the reservoir
which do not increase its capacity but are such as might affect its safety and which have not been designed and supervised by a
qualified civil engineer;
(c) at
any time when the supervising engineer so recommends;
(d) within
10 years at most from the last inspection or within any less interval that may
have been recommended in the report of the inspecting engineer on the last
inspection.
(3) As soon as practicable
after an inspection under this Article, the inspecting engineer shall make a
report of the result of the inspection, including in it any recommendation the
inspecting engineer sees fit to make as to the time of the next inspection, or
as to measures that should be taken in the interests of safety.
(4) An inspecting engineer
shall consider the matters (if any) that need to be watched by the supervising
engineer during the period before the next inspection of the reservoir under
this Article, and shall include in the inspecting
engineer’s report a note of any such matters.
(5) An inspecting engineer,
when the inspecting engineer makes the inspecting engineer’s report,
shall give a certificate stating that the report does or does not include
recommendations as to measures to be taken in the interests of safety and, if
it includes a recommendation as to the time of the next inspection, stating also the period within which the inspecting engineer
recommends the inspection should be made.
(6) Where an inspecting
engineer includes in the inspecting engineer’s report any recommendation
as to measures to be taken in the interests of safety, then subject to any
reference of the matter to an arbitrator in accordance with Article 19 the
undertakers shall as soon as practicable carry the recommendation into effect
under the supervision of a qualified civil engineer; and that engineer shall
give a certificate as soon as the engineer is satisfied that the recommendation
has been carried into effect.
(7) Where it appears to the
Minister, in the case of any large raised
reservoir –
(a) that
an inspection and report thereon have not been made as required by this Article;
or
(b) that
the latest report of the inspecting engineer includes a recommendation as to
measures to be taken in the interests of safety that has not been carried into
effect as so required,
the Minister may by written notice served on the undertakers require
them –
(i) within
28 days after the notice is served to appoint a qualified civil engineer
to make a report for the purposes of this Article, and to notify the Minister
of the appointment; or
(ii) within
a time specified in the notice to carry into effect any recommendation included
in a report obtained for the purposes of this Article.
(8) Where the Minister
proposes to serve a notice under paragraph (7) requiring the undertakers
to carry a recommendation into effect, the Minister shall consult a civil
engineer, being a qualified civil engineer for the purpose of supervising under
paragraph (6) the carrying into effect of the recommendation, as to the
time to be specified in the notice.
(9) For the purposes of
this Law, “independent” when used of a civil engineer in relation
to a reservoir means –
(a) that
the engineer is not in the employment of the undertakers otherwise than in a
consultant capacity; and
(b) that
the engineer was not the engineer responsible for the reservoir or any addition
to it as construction engineer, nor is connected with
any such engineer as his or her partner, employer, employee or fellow employee
in a civil engineering business.
(10) The reference in paragraph (9)
to a construction engineer includes an engineer acting under Article 8 or
9.
(11) Where at the commencement of
this Law a large raised reservoir is in course of
construction, this Article shall from that commencement apply to that reservoir
as it applies to a large raised reservoir constructed wholly after that
commencement.
11 Monitoring of water levels, etc.
(1) For every large raised reservoir the undertakers shall keep a record
in the prescribed form of –
(a) water
levels and depth of water, including the flow of water over the waste weir or overflow;
(b) leakages,
settlements of walls or other works, and repairs;
(c) such
other matters as may be prescribed,
and shall install and maintain such instruments as may be needed to
provide the information to be recorded.
(2) The record to be kept
for a reservoir under this Article shall give such information as may be
prescribed of any of the matters to be included in the record,
and shall give it at such intervals and in such manner as may from time
to time be required by any directions of the construction engineer or
inspecting engineer.
12 Supervision of large raised reservoirs
(1) At all times when a large raised reservoir is not under the supervision of a
construction engineer, a qualified civil engineer (“supervising
engineer”) shall be employed to supervise the reservoir and keep the
undertakers advised of its behaviour in any respect that might affect safety,
and to watch that the provisions of Article 6(2) to (4) or Article 9(2)
and of Article 11 are observed and complied with and draw the attention of
the undertakers to any breach of those provisions.
(2) It shall be the duty of
the supervising engineer, so long as any matters are noted as matters that need
to be watched by the supervising engineer in any annex to the final certificate
for the reservoir or in the latest report of an inspecting engineer, to pay
attention in particular to those matters and to give
the undertakers not less often than once a year a written statement of the
action the supervising engineer has taken to do so.
(3) The supervising
engineer shall recommend to the undertakers that the reservoir be inspected
under Article 10, if at any time the supervising engineer thinks that such
an inspection is called for.
(4) Where it appears to the
Minister that a large raised reservoir is not for the time being under the
supervision either of a construction engineer or of a supervising engineer, the
Minister may by written notice served on the undertakers require them within 28 days
after the date the notice is served to appoint a supervising engineer and to
notify the Minister of the appointment or, if the reservoir is at that date
under the supervision of a construction engineer or of a supervising engineer,
to notify the Minister of that fact.
(5) References in this Article
to a construction engineer include an engineer acting under Article 8 or
9.
13 Discontinuance of large raised reservoirs
(1) No large
raised reservoir shall be altered in order to render it incapable of
holding more than the specified capacity of water above the natural level of
any part of the land adjoining the reservoir, unless a qualified civil engineer
is employed to design or approve and to supervise the alteration.
(2) An engineer employed
for the purposes of paragraph (1) shall give a certificate as soon as the
engineer is satisfied that the alteration has been completed and has been
efficiently executed.
(3) Where a certificate is
given under paragraph (2) the Minister on receipt of the certificate or a
copy of it shall remove the reservoir from their register of large raised
reservoirs; but a reservoir that has been a large raised reservoir but is
altered so as no longer to be capable of holding more than the specified
capacity of water above the natural level of any part of the land adjoining the
reservoir shall nevertheless continue for purposes of this Law to be a large
raised reservoir, unless the alteration is made and a certificate given in
accordance with this Article.
(4) In this Article,
“specified capacity” means the capacity specified in Article 2(1)(b)
in relation to a large raised reservoir.
14 Abandonment of large raised reservoirs
(1) Where the use of a large raised reservoir as a reservoir is to be abandoned,
the undertakers shall obtain from a qualified civil engineer a report as to the
measures (if any) that ought to be taken in the interests of safety to secure
that the reservoir is incapable of filling accidentally or naturally with water
above the natural level of any part of the land adjoining the reservoir or is
only capable of doing so to an extent that does not constitute a risk.
(2) Where the report of an
engineer under this Article makes any recommendation as to measures to be taken
in the interests of safety, then subject to any reference of the matter to an
arbitrator in accordance with Article 19 the undertakers obtaining the
report shall, before the use of the reservoir as a reservoir is abandoned or as
soon as practicable afterwards, carry the recommendation into effect; and if
the recommendation involves any alteration of the reservoir, Article 13
shall apply accordingly.
(3) The engineer from whom
a report is obtained under this Article shall give with it a certificate
stating that the report does or does not make recommendations for measures to
be taken in the interests of safety.
(4) Where it appears to the
Minister, in the case of any large raised
reservoir –
(a) that
the use of the reservoir as a reservoir has been abandoned but that a report
has not been obtained as required by this Article; or
(b) that
a report obtained under this Article includes a recommendation as to measures
to be taken in the interests of safety that has not been carried into effect as
required by this Article,
the Minister may by written notice served on the undertakers require
them–
(i) within
28 days after the notice is served to appoint a qualified civil engineer
to make a report for the purposes of this Article, and to notify the Minister
of the appointment; or
(ii) within
a time specified in the notice to carry into effect any recommendation included
in a report obtained for the purposes of this Law.
(5) References in paragraph (4),
and in any other provision of this Law as it operates in relation thereto, to
the Minister or to the undertakers shall have effect as at the time when the
use of the reservoir as such is abandoned.
(6) Where the Minister
proposes to serve a notice under paragraph (4) requiring undertakers to
carry a recommendation into effect, the Minister shall consult, as to the time
to be specified in the notice, a civil engineer, who, if the recommendation
involves any alteration of the reservoir, shall be a qualified civil engineer
for the purpose of supervising the alteration under Article 13.
PART 3
ENFORCEMENT
15 Reserve powers
(1) Where undertakers are
required by a notice from the Minister under Article 8, 9, 10, 12 or 14 to
appoint an engineer for any purpose of this Law and the undertakers fail to
make the appointment, the Minister may appoint an engineer for that purpose,
being a person eligible for appointment by the undertakers and unless otherwise
provided, the provisions of this Law shall apply in relation to any person
appointed under this Article and to anything done by the person as if the person
had been duly appointed by the undertakers.
(2) Where undertakers are
required by a notice from the Minister under Article 9, 10 or 14 to carry
into effect any recommendation as to measures to be taken in the interests of
safety, and the undertakers fail to comply with that requirement, the Minister
may cause the recommendation to be carried into effect under the supervision of
a qualified civil engineer appointed by the Minister, who shall give a
certificate as soon as the engineer is satisfied that the recommendation has
been carried into effect.
(3) Where the Minister is
unable after reasonable enquiry to ascertain the name or address of the
undertakers for any large raised reservoir, then for
the purposes of this Article a notice relating to the reservoir shall be deemed
to have been duly served on the undertakers if it has been left in the hands of
a person who is or appears to be resident or employed at the reservoir or if it
has been left conspicuously affixed to some building or object at the
reservoir.
(4) Where the Minister
makes any appointment under paragraph (1) or exercises powers conferred by
paragraph (2), the undertakers shall pay the amount of the expenses
reasonably incurred by the Minister by reason of the appointment or, as the case may be, in the exercise of those powers.
16 Emergency
powers
(1) Where it appears to the
Minister, in the case of any large raised reservoir,
that the reservoir is unsafe and that immediate action is needed to protect
persons or property against an escape of water from the reservoir, the Minister
may take at the reservoir such measures as the Minister considers proper to
remove or reduce the risk or to mitigate the effects of an escape.
(2) Where it appears to the
Minister, in the case of any large raised reservoir,
that the use of the reservoir as a reservoir has been abandoned, but that there
may from time to time be an undue accumulation of water there and immediate
action is needed to protect persons or property against an escape of water, the
Minister may take such measures as the Minister considers proper to remove or
reduce the risk or to mitigate the effects of an escape.
(3) Where the Minister
proposes to exercise the powers conferred by this Article the Minister shall
appoint a qualified civil engineer to make recommendations as to the measures
to be taken in exercise of those powers; and any measures so taken shall be
carried into effect under the supervision of a qualified civil engineer
appointed by the Minister.
(4) Subject to paragraph (5),
when the Minister exercises or proposes to exercise at a reservoir the powers
conferred by this Article the Minister shall, as early as practicable, serve on
the undertakers a notice giving full information of the measures that are being
or are to be taken in the exercise of those powers; and if that notice cannot
be given before the work is begun, the Minister shall notify the undertakers as
early as practicable thereafter.
(5) Paragraph (4)
shall not require the Minister to serve any notice on the undertakers after
work is begun at the reservoir, if the Minister is unable after reasonable
enquiry to ascertain the name or address of the undertakers; and in relation to
notices served before work is begun Article 15(4) shall apply for the
purposes of this Article as it applies for the purposes of that.
(6) Where the Minister
exercises the powers conferred by this Article, the undertakers shall pay the
Minister the amount of the expenses reasonably incurred by the Minister in the
exercise of those powers.
(7) For the purposes of paragraph (2)
references in this Article and in any other provision of this Law as it
operates in relation thereto, to the Minister or to the undertakers shall have
effect as at the time when the use of the reservoir as such is abandoned.
17 Powers
of entry
(1) Subject to the
following provisions of this Article a person duly authorized by the Minister
may at any reasonable time enter upon the land on which a reservoir is
situated –
(a) for
the purpose of carrying out any survey or other operation needed to determine
whether the reservoir is a large raised reservoir or
is being constructed or altered so as to be one, whether the reservoir being a
large raised reservoir is being altered so as to increase its capacity, or
whether the reservoir is or is not in use as a reservoir;
(b) for
the purpose of carrying out any survey or other operation needed to determine
whether any recommendation as to measures to be taken in the interests of
safety has been carried into effect as required by Article 9, 10 or 14 or
what period should be specified in a notice under Article 9, 10 or 14
requiring the undertakers to carry such a recommendation into effect;
(c) for
the purpose of carrying out any inspection of the reservoir that the person has
been appointed under Article 15(1) to carry out, or any survey or other
operation needed for the purpose of a report that the person has been appointed
under Article 15(1) to make;
(d) for
any purpose connected with the carrying into effect under Article 15(2) of
a recommendation as to measures to be taken in the interests of safety;
(e) for
the purpose of carrying out any survey or other operation needed to determine
whether any or what measures should be taken under Article 16, or for any
purpose connected with the carrying into effect of any measures taken under
that Article.
(2) Where the entry is for
a purpose within paragraph (1)(e), the power to enter upon the land on
which a reservoir is situated shall extend also to any neighbouring land.
(3) Where the use of a
large raised reservoir as a reservoir is abandoned, paragraph (1) (so far
as material) shall continue to apply in relation to the site of the reservoir
as land on which a reservoir is situated; and for this purpose references in paragraph (1),
and in any other provision of this Law as it operates in relation thereto, to
the Minister or to the undertakers shall have effect as at the time when the
use of the reservoir as such is abandoned.
(4) Except for a purpose
within paragraph (1)(e), a person may not under this Article demand
admission as of right to any land that is occupied, unless at least 7
days’ notice in writing of the intended entry has been given to the
occupier or the entry is authorized by a warrant granted under paragraph (6).
(5) A notice under paragraph (4)
shall specify the purpose for which entry is required and shall indicate so far
as practicable the nature of any works to be executed on the land.
(6) If it is shown to the
satisfaction of the Bailiff on information on oath –
(a) that
admission to any land on which any person is entitled to enter under this Article
has been refused to that person, or that a refusal is apprehended, or that the
occupier is temporarily absent; and
(b) that
there is reasonable ground for entry on to the land for the purpose for which
entry is required,
the Bailiff may by warrant under the Bailiff’s hand authorize
that person to enter on the land, if need be by force; but such a warrant shall
not be issued on the ground that entry has been refused or that a refusal of
entry is apprehended unless the Bailiff is satisfied that notice in writing of
the intention to apply for a warrant has been given to the occupier.
(7) Every warrant granted
under this Article shall continue in force until the purpose for which the
entry is required has been satisfied.
(8) A person duly
authorized to enter on any land by virtue of this Article shall, if so
required, produce evidence of the person’s authority before so entering
and may take with him or her on to the land such other persons and such equipment
as may be necessary.
(9) Any person who wilfully
obstructs a person entitled to enter on land by virtue of this Article shall be
liable to a fine not exceeding level 2 on the standard scale.
18 Compensation
to third parties for damage or disturbance
(1) Where in the exercise
in relation to any reservoir of powers conferred by Article 17 –
(a) any
land on which entry is made and which is not in the occupation of the
undertakers is damaged; or
(b) any
person is disturbed in his or her enjoyment of any such land,
any person interested in the land which is
damaged or, as the case may be, the person whose enjoyment of the land is
disturbed shall be entitled to receive compensation from the Minister in
respect of the damage or disturbance.
(2) Any dispute as to a
right to compensation under this Article or as to the amount of any such
compensation shall be referred to and determined by 2 arbitrators one of
whom shall be appointed by the Minister and the other by the person claiming
the compensation, save that if an arbitrator is not appointed by the person
claiming the compensation, then the arbitrator shall be nominated by the
Minister and any arbitrator so nominated shall be deemed to be the arbitrator
appointed by the person claiming the compensation.
(3) Arbitrators appointed
under paragraph (2) shall, before commencing to determine any matter
referred to them under this Article nominate an umpire who shall determine the
matter if the arbitrators disagree.
(4) The arbitrators or
umpire, as the case may be, may refer to the Court any
question of law or of law mixed with fact arising in connection with the matter
referred to the arbitrators or umpire.
(5) Subject to paragraph (4)
the decision of the arbitrator or of the umpire, as the case
may be, shall be final.
(6) Compensation payable
under this Article by the Minister shall for the purpose of recovery from the
undertakers be treated as an expense incurred in the exercise of the powers
conferred by Article 16.
PART 4
Supplementary
19 Reference
of disputed recommendations to arbitrator
(1) Where –
(a) an
inspecting engineer includes in the inspecting engineer’s report
recommendations as to measures to be taken in the interests of safety or as to
the time of the next inspection; or
(b) an
engineer acting under Article 8, 9 or 14 includes in the engineer’s
report recommendations as to measures to be taken in the interests of safety,
the undertakers if aggrieved by any recommendation may, in
accordance with this Article, refer their complaint to an arbitrator.
(2) An arbitrator under
this Article shall be an independent qualified civil engineer appointed by
agreement between the undertakers and the engineer making the recommendation
complained of, or in default of their agreement shall be a person appointed by
the Judicial Greffier.
(3) An arbitrator under
this Article, after investigating the complaint, shall have power to make such
modifications as the arbitrator thinks fit in the report containing the
recommendation complained of, and the report shall for the purposes of this Law
have effect accordingly.
(4) An arbitrator under
this Article, when the arbitrator gives the arbitrator’s decision on a
report, shall also give a certificate stating that the decision does or does
not modify the report, and (if necessary in
consequence of any modification) revising accordingly any certificate given
with reference to the report by the engineer making the report.
(5) The States may by Regulations
make provision as to the time within which and the manner in
which a request for the appointment of an arbitrator under this Article
may be made to the Judicial Greffier as to the procedure before the arbitrator
and as to the costs of the proceedings before, and investigation by, the
arbitrator (including the remuneration of the arbitrator) so however that these
costs (including the remuneration of the arbitrator) shall be paid by the undertakers.
20 General
provisions as to reports, certificates etc. of engineers
(1) Any report or
certificate of an engineer acting for any purpose of this Law, including an
arbitrator under Article 19, shall be in the prescribed form.
(2) Any such report or
certificate, unless the engineer in question is appointed to act by the
Minister, shall be delivered to and kept by the undertakers.
(3) Any such report or
certificate where the engineer in question is appointed to act by the Minister
shall be delivered to the Minister but a copy of it shall be sent by the
engineer at the same time to the undertakers and shall be kept by them.
(4) Where any document to
which this paragraph applies is delivered by the engineer in question to the
undertakers, the engineer shall within 28 days after the engineer delivers
it to the undertakers send a copy of it to the Minister.
(5) The documents to which paragraph (4)
applies are –
(a) any
certificate of an engineer acting for any purpose of this Law;
(b) any
report made by an inspecting engineer or an engineer acting for purposes of Article 14
and stated in the engineer’s certificate to include a recommendation as
to measures to be taken in the interests of safety, and any report made by an
engineer acting under Article 8 or 9;
(c) any
decision of an arbitrator under Article 19 modifying any such report as is
mentioned in sub-paragraph (b);
(d) any
written explanation given by a construction engineer to the undertakers of the
engineer’s reasons for deferring the issue of the engineer’s final certificate;
(e) any
advice given by a supervising engineer to the undertakers which
either –
(i) recommends them
to have the reservoir inspected under Article 10 or to take any other
action, or
(ii) draws
their attention to a breach of any provision of Article 6(2) to (4), 9(2) or
11.
21 Duty of undertakers to furnish information
(1) Where undertakers
intend –
(a) to
construct a large raised reservoir (whether as a new
reservoir or by alteration of an existing reservoir that is not a large raised
reservoir), or to alter a large raised reservoir so as to increase its
capacity; or
(b) to
bring a large raised reservoir back into use as a
reservoir after that use has been abandoned,
the undertakers shall serve notice of their intention, giving the
prescribed information, on the Minister.
(2) A notice under paragraph (1)
shall be served not less than 28 days before any work on the construction
or alteration of the reservoir is begun or, if the case is within paragraph (1)(b)
and the reservoir is to be brought back into use without alteration, not less
than 28 days before it is brought back into use.
(3) Where the use of a large raised reservoir as a reservoir is abandoned, the
undertakers shall within 28 days notify the Minister in writing.
(4) Whenever a person is
appointed to be, or ceases to be, supervising engineer for a large
raised reservoir, the undertakers shall within 28 days notify the
Minister in writing; and the notice of an appointment shall include the date on
which the appointment will take effect, if it has not done so.
(5) On the appointment of
an inspecting engineer for a large raised reservoir
the undertakers shall within 28 days notify the Minister in writing of the
appointment.
(6) The supervising
engineer and every inspecting engineer for a large raised
reservoir, and any civil engineer employed by the undertakers for purposes of Article 8,
9, 10(6) or 14 or appointed by the Minister under Article 15(2) or 16(3),
shall be afforded by the undertakers all reasonable facilities for the
effective performance of the engineer’s functions; and the undertakers
shall furnish the engineer –
(a) with
the statutory record required to be kept for the reservoir;
(b) with
copies of any statutory certificates relating to the reservoir, with their
annexes (if any);
(c) with
copies of the reports made by inspecting engineers on any statutory inspection
of the reservoir; and
(d) with
such further information and particulars as the engineer may require.
(7) In this Article,
“statutory” refers to matters provided for by this Law.
22 Criminal liability of undertakers and their employees
(1) If –
(a) by
the wilful default of the undertakers any of the provisions of Article 6, 8(3),
9(1) to (3), 10(1) or (6), 11, 12(1), 13, or 14(1) or (2) is not observed or
complied with in relation to a large raised reservoir;
or
(b) the
undertakers fail to comply with a notice from the Minister under Article 8,
9, 10, 12 or 14,
then unless there is reasonable excuse for the default or failure,
the undertakers shall be guilty of an offence and liable to a fine.[3]
(2) If, in the case of any large raised reservoir, the undertakers fail without
reasonable excuse to give the Minister in due time any notice required by this Law
to be given by them to the Minister, the undertakers shall be guilty of an
offence and liable to a fine not exceeding level 3 on the standard scale.
(3) If, in the case of any large raised reservoir, the undertakers or persons employed
by them without reasonable excuse refuse or knowingly fail to afford to any person
the facilities required by Article 21(6) or to furnish to any person the
information and particulars so required, the undertakers shall be guilty of an
offence and liable to a fine not exceeding level 3 on the standard scale.
(4) If for the purposes of Article 21(6)
a person makes use of any document or furnishes any information or particulars
which the person knows to be false in a material respect, or recklessly makes
use of any document or furnishes any information or particulars which is or are
false in a material respect, the person shall be guilty of an offence and
liable to a fine.[4]
(5) Where an offence
committed by a body corporate under this Article is proved to have been
committed with the consent or connivance of any director, manager, secretary or
other similar officer of the body corporate, or any person who was purporting
to act in any such capacity, the person as well as the body corporate shall be
guilty of that offence, and shall be liable to be
proceeded against and punished accordingly.
(6) Where the affairs of a
body corporate are managed by its members, this Article shall apply in relation
to the acts and defaults of a member in connection with the member’s
functions of management as if the member were a director of the body corporate.
23 Civil liability of undertakers
Where damage or injury is caused by the escape of water from a large raised reservoir constructed after the commencement of
this Law under statutory powers granted after that commencement, the fact that
the reservoir was so constructed shall not exonerate the undertakers from any
action or proceedings to which they would otherwise have been liable.
PART 5
MISCELLANEOUS AND FINAL
PROVISIONS
24 Notification to the Minister of existing reservoirs
Where a large raised reservoir has been
constructed before, or is in course of construction at, 1st March 1997,
the undertakers shall, not later than 3 months after the date of that
commencement, give to the Minister notice of the situation of the reservoir and
of the name and address of the undertakers.
25 Inspection of existing reservoirs
(1) It shall be the duty of
the undertakers to have any large raised reservoir
constructed before the date of the commencement of this Law inspected by an
independent qualified civil engineer within 2 years after that date, or if
the Minister is satisfied that special circumstances exist in any particular
case, within such longer period not exceeding 5 years after that date as
the Minister may specify.
(2) Article 10(3) to
(10) shall have effect, mutatis mutandis, for
the purposes of an inspection under this Article.
(3) Subsequent inspections
of such reservoirs shall be made in accordance with Article 10.
26 Reservoirs in course of construction or alteration
(1) Subject to paragraphs (2)
and (3), where at the commencement of this Law a large raised
reservoir is in course of construction or is in course of being altered so as
to increase its capacity, Articles 6 to 8 shall from that commencement
apply as they apply in the case of a construction or alteration carried out
wholly after that commencement.
(2) If in a case to which paragraph (1)
applies 5 years have elapsed since the issue of a preliminary certificate for
the reservoir or the addition to it, as the case may be, Article 7(4)
shall apply with the substitution of a reference to the commencement of this Law
for the reference to the end of 5 years after a preliminary certificate is first
issued.
(3) If in a case to which paragraph (1)
applies there is at the commencement of this Law no qualified engineer
responsible for the reservoir or addition as construction engineer, the
undertakers shall appoint a qualified civil engineer for the purposes of Article 8
without being required by a notice from the Minister; and if they fail to do so
within 6 months after the date of the commencement of this Law, Article 15
and Article 22(1) shall apply as if the undertakers had been served with a
notice under Article 8 so as to require them to make the appointment by
the end of those 6 months.
27 Compliance with other enactments
Nothing in this Law shall relieve undertakers from any obligation to
obtain any authorization, consent or permission under
any other enactment in respect of the construction, alteration or use of any
reservoir.
28 Service of notices
(1) This Article shall have
effect in relation to any notice or other document required or authorized by or
under this Law to be given to or served on any person.
(2) Any such document may
be given to or served on the person in question –
(a) by
delivering it to the person;
(b) by
leaving it at the person’s proper address; or
(c) by
sending it by post to the person at that address.
(3) Any such document
may –
(a) in
the case of a company, be given to or served on the secretary, clerk or other
similar officer of the company or any person who purports to act in any such
capacity, by whatever name called;
(b) in
the case of a partnership, be given to or served on a partner or a person
having the control or management of the partnership business.
(4) For the purposes of
this Article and Article 7 of the Interpretation (Jersey)
Law 1954 in its application to this Article the proper address of any person
to or on whom a document is to be given or served shall be the person’s
last known address, except that –
(a) in
the case of a company or its secretary, clerk or other officer or person
referred to in paragraph (3)(a), it shall be the address of the registered
or principal office of the company;
(b) in
the case of a partnership or a person having the control or management of the
partnership business, it shall be that of the principal office of the
partnership,
and for the purposes of this paragraph the principal office of a
company registered outside Jersey or of a partnership carrying on business
outside Jersey shall be their principal office within Jersey.
(5) If the person to be
given or served with any document mentioned in paragraph (1) has specified
an address within Jersey other than the person’s proper address within
the meaning of paragraph (4) as the one at which the person or someone on the
person’s behalf will accept documents of the same description as that
document, that address shall also be treated for the purpose of this Article
and Article 7 of the Interpretation (Jersey)
Law 1954 as the person’s proper address.
29 Orders
(1) The Minister may by
Order make provision for the purpose of carrying this Law into effect and in particular, but without prejudicing the generality of
the foregoing, for prescribing any matter which may be prescribed by this Law.
(2) An Order made under
this Law may –
(a) make
different provision in relation to different cases or circumstances;
(b) contain
such incidental, supplemental or transitional
provisions or savings as the Minister may consider necessary or expedient.
(3) [5]
30 Rules of Court
The power to make Rules of Court under the Royal Court (Jersey)
Law 1948 shall include a power to make Rules for the purposes of this Law
and proceedings thereunder.
31 Citation
This Law may be cited as the Reservoirs (Jersey) Law 1996.