Water Pollution
(Amendment No. 2) (Jersey) Law 2007
A LAW to amend further the Water
Pollution (Jersey) Law 2000.
Adopted by the
States 28th March 2006
Sanctioned by
Order of Her Majesty in Council 14th December 2006
Registered by the
Royal Court 5th
January 2007
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, “principal Law” means
the Water Pollution (Jersey) Law 2000[1].
2 Article
1 amended
In Article 1(1) of the principal Law, the definition
“person” shall be deleted.
3 Article
2 amended
In Article 2(1)(c) of the principal Law, after the words
“surface water sewers” there shall be inserted the words “,
surface water drains”.
4 Article
4 amended
In Article 4 of the principal Law, the following paragraph
shall be added as paragraph (2), and the paragraph preceding it shall be
renumbered accordingly as paragraph 1 –
“(2) However,
‘pollution’ does not include a discharge by the Minister or by a
person acting on his or her behalf, for the purposes of the exercise of a
regulatory power or the performing of a regulatory duty under this Law.”.
5 Article
9 replaced
For Article 9 of the principal Law there shall be substituted
the following Article –
“9 Consultation with other persons
(1) Before proceeding on any proposal to make a
Water Quality Order –
(a) the Minister shall consult the Minister for
Health and Social Services and the Company; and
(b) the Minister shall also consult such other
Ministers, and other persons, as he or she considers appropriate.
(2) Before proceeding on –
(a) any proposal to make a Water Catchment Management
Order;
(b) any proposal to approve a code of practice
under Article 16; or
(c) any proposal to prescribe charges under Article 28,
the Minister shall consult
such other Ministers, and other persons, as he or she considers
appropriate.”.
6 Article
10 amended
(1) In
Article 10 of the principal Law, in paragraphs (1), (3), (7) and (9), for
the words “on his or her own behalf” in each place where they
appear there shall be substituted the words “of his or her own
motion”.
(2) For
Article 10(4) of the principal Law there shall be substituted the
following paragraph –
“(4) In the case of an application
for the grant or variation of a discharge permit, or of a proposal by the
Minister of his or her own motion to vary a permit or to issue or vary a discharge
certificate –
(a) the Minister shall send a copy of the
proposal to the Minister for Health and Social Services; and
(b) the Minister shall also send copies to such
other Ministers, and other persons, as he or she considers appropriate.”.
7 Article
17 replaced
For Article 17 of the principal Law there shall be substituted
the following Article –
(1) Any person who causes or knowingly permits
the pollution of any controlled waters shall be guilty of an offence and –
(a) if the person is a Minister (whether or not
he or she is the Minister for Planning and Environment), liable to a fine; or
(b) in any other case, liable to imprisonment
for a term not exceeding 2 years or to a fine, or both.
(a) the Minister for Transport and Technical
Services in his or her capacity as the sewerage undertaker for Jersey receives
anything into a public sewer,
(b) it passes subsequently from any public sewer
into controlled waters, and
(c) its introduction into controlled waters
constitutes pollution,
he or she shall be guilty of
an offence and liable to a fine.
(3) Any person who, being the holder of a
discharge permit, contravenes any condition of the permit shall be guilty of an
offence and –
(a) if the person is a Minister, liable to a
fine; or
(b) in any other case, liable to imprisonment
for a term not exceeding 2 years or to a fine, or both.
(4) Where the Minister contravenes any condition
of a discharge certificate, he or she shall be guilty of an offence and liable
to a fine.”.
8 Article
18 amended
(1) In
Article 18(3) of the principal Law, for the figure “(4)” there
shall be substituted the figure “(3)”.
(2) For
Article 18(4) of the principal Law there shall be substituted the
following paragraph –
“(4) Where a person is charged
with an offence under either of Article 17(1) and (2), it shall be a
defence to prove –
(a) that the person took all reasonable
precautions and exercised due diligence to avoid the commission of the offence;
and
(b) that the person took all steps that were
reasonably practicable for minimizing the extent of pollution of controlled
waters,
and, if the person is not the
Minister, that the person gave full details of the occurrence to the Minister,
or ensured that they were given to the Minister, as soon as was reasonably
practicable.”.
(3) For
Article 18(6) of the principal Law there shall be substituted the
following paragraph –
“(6) Where a person is charged
with an offence under any of Article 17(1), (2), (3) and (4) by reason of
the introduction of anything into controlled waters, it shall be a defence to
prove –
(a) that it was introduced in consequence of a
decision to do so in an emergency that arose in circumstances beyond the
person’s control;
(b) that the decision was reasonable; and
(c) that the person took all steps that were
reasonably practicable for minimizing the extent of pollution of controlled
waters,
and, if the person is not the
Minister, that the person gave full details of the occurrence to the Minister,
or ensured that they were given to the Minister, as soon as was reasonably
practicable.”.
9 Article
23 amended
(1) In
Article 23(1) of the principal Law, for the words “on his or her own
behalf” there shall be substituted the words “of his or her own
motion”.
(2) In
Article 23(2) of the principal Law –
(a) for
the words “on his or her own behalf” there shall be substituted the
words “of his or her own motion”;
(b) in
sub-paragraph (a), for the words “which shall specify the proposal
and inform” there shall be substituted the words “, specifying
the proposal and informing”.
10 Article
26 amended
In Article 26(1) of the principal Law, for the words
“either the Minister or the Minister for Transport and Technical
Services” there shall be substituted the word “the Minister”.
11 Article
27 amended
(1) In
Article 27(1)(b) of the principal Law, for the words “on his or her
own behalf” there shall be substituted the words “of his or her own
motion”.
(2) For
Article 27(2)(b) of the principal Law there shall be substituted the
following sub-paragraph –
“(b) the Minister for Health and
Social Services;”.
12 Article
28 amended
In Article 28(2) of the principal Law, for the words “the
expenditure incurred by the Minister for the purpose of” there shall be
substituted the words “the Minister’s expenditure in”.
13 Article
50 amended
In Article 50(1) of the principal Law –
(a) for
the words “nor any of the Minister’s officers, servants or
agents” there shall be substituted the words “nor any officer nor
any of the Minister’s servants or agents”;
(b) for
the words “the Minister or he or she (as the case requires)” there
shall be substituted the words “he or she”.
14 Schedule
1 amended
In Schedule 1 to the principal Law, the following paragraph
shall be added as paragraph 2, and the paragraph preceding it shall be
renumbered accordingly as paragraph 1 –
“2. In this Schedule, a
reference to a public authority includes a reference to the Council of
Ministers, the Chief Minister and any Minister of the States.”.
15 Schedule
3 amended
(1) In
Schedule 3 to the principal Law, in paragraph 1, the words “by
the Minister” shall be deleted in both places where they appear.
(2) In
Schedule 3 to the principal Law, after paragraph 3, there shall be
inserted the following paragraph –
“3A.(1) This paragraph
applies to a discharge certificate that –
(a) has been issued under Article 26 in
respect of an introduction into controlled waters by the Minister for Transport
and Technical Services; and
(b) is in effect immediately before the
commencement of the Water Pollution (Amendment No. 2) (Jersey) Law 200-.
(2) From the commencement of the Water Pollution
(Amendment No. 2) (Jersey) Law 200-, each discharge certificate to which
this paragraph applies shall for the purposes of this Law have effect, subject
to the provisions of this Law relating to discharge permits but otherwise
according to the certificate’s tenor, as if the certificate were a permit
issued under Article 21.”.
16 Citation
and commencement
(1) This
Law may be cited as the Water Pollution (Amendment No. 2) (Jersey) Law 2007.
(2) This
Law shall come into force on the seventh day after its registration.
m.n. de la haye
Greffier of the States