Jersey Law 8/1962
“DRAINAGE (JERSEY) LAW, 1962”,
CONFIRMÉ PAR
Ordre se Sa
Majesté en Conseil
en date du 23 mai
1962.
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(Enregistré
le 9 juin 1962.)
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ARRANGEMENT OF
ARTICLES.
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Art.
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1.
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Interpretation
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2.
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General powers
of Board in relation to watercourses and drainage works
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3.
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Compulsory purchase of land
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4.
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Power to
construct and acquire culverts on private property ...
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5.
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Power to
require proper maintenance of watercourses ………
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6.
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Special
provisions as regards the Town of St. Helier ………..
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7.
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Control of
building in relation to sewers and watercourses ….
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8.
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Use of
public sewers for conveying surface water from roads
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9.
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Powers of Board extend to outfalls
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10.
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Orders
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11.
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Power to enter and survey lands
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12.
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Enforcement
of notices requiring execution of works ……….
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13.
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Service of notices
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14.
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Consequential amendments and
repeals ……………………..
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15.
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Short title and commencement
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First Schedule
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Second Schedule
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DRAINAGE (JERSEY) LAW, 1962.
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A LAW to
make provision for the repair, maintenance and control of watercourses, to
control the erection of buildings in relation to sewers and watercourses, and
to amend in various respects the Law relating to sewers and watercourses,
sanctioned by Order of Her Majesty in Council of the
23rd day of MAY, 1962.
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(Registered on the 9th day of June, 1962).
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STATES OF JERSEY.
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The 9th day of
November, 1961.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
ARTICLE 1
INTERPRETATION
(1) In
this Law, unless the context otherwise requires –
“the Board” means the Sewerage Board;
“culvert” includes a conduit or drain;
“drainage” includes defence against water and
irrigation;
“the Drainage Laws” means the Sewerage (Jersey) Laws,
1937 to 1961, and this Law;
“highway authority” and “road” have the
same meanings as in the Roads Administration (Jersey) Law, 1960;
“land” includes water and any interest in land or water
and any servitude or right in, to or over land or water;
“watercourse” includes all brooks, streams, ditches,
cuts, culverts, dykes, sluices and passages through which water flows.
(2) This
Law shall be construed as one with the Sewerage (Jersey) Laws, 1937 to 1961.
(3) References
in this Law to any enactment shall be construed as references to that enactment
as amended by any other enactment, including this Law.
ARTICLE 2
GENERAL POWERS OF BOARD IN RELATION TO WATERCOURSES AND DRAINAGE
WORKS
(1) The
Board shall have power –
(a) to maintain existing
works, that is to say, to cleanse, repair or otherwise maintain in a due state
of efficiency any existing watercourse or drainage work;
(b) to improve any existing
works, that is to say, to deepen, widen, straighten, divert or otherwise
improve any existing watercourse, or remove obstructions to watercourses, or
raise, widen or otherwise improve any existing drainage work;
(c) to construct new works,
that is to say, to make any new watercourse or drainage work or erect any
machinery or do any other act not hereinbefore referred to, required for the
drainage of any area.
(2) Where
injury is sustained by any person by reason of the exercise by the Board of any
of its powers under this Article, the Board 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.
ARTICLE 3
COMPULSORY PURCHASE OF LAND
Where it appears to the States that any land should be acquired by
the public of the Island for the purpose of carrying into effect any of the provisions
of the Drainage Laws, 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 Board shall be the acquiring authority within the meaning of the
said Law.
ARTICLE 4
POWER TO CONSTRUCT AND ACQUIRE CULVERTS ON PRIVATE PROPERTY
The powers conferred on the Board by Article 2 of the Sewerage (Amendment)
(Jersey) Law, 1953, to construct sewers, and to
acquire sewers constructed in land not in public ownership, and to carry out
any works on such land necessary for the inspection, maintenance and repair of
the sewers so constructed or acquired, shall include a power to construct
culverts, and to acquire culverts constructed in land not in public ownership,
and to carry out works on such land necessary for the inspection, maintenance
and repair of the culverts so constructed or acquired, and accordingly the said
Article 2 (with the exception of paragraph (2) thereof) shall have effect as if
any reference therein to a sewer included a reference to a culvert.
ARTICLE 5
POWER TO REQUIRE PROPER MAINTENANCE OF WATERCOURSES
Where the Board is of opinion that any watercourse is in such a
condition that the proper flow of water is impeded or that by reason of the
condition of, or of any obstruction in, any watercourse, land is being injured
by water or is in danger of being so injured, the Board may serve on the person
responsible for the maintenance of the watercourse a notice requiring him to
carry out such work as may be specified in the notice within such time as may
be specified therein.
ARTICLE 6
SPECIAL PROVISIONS AS REGARDS THE TOWN OF ST. HELIER
In relation to the waters from the Grands Vaux and the Petits Vaux
and to the Grand-douet, the Petit-douet and the Faux-bié (hereinafter
referred to as “the Town Brooks”), the following provisions shall
apply –
(a) the said waters
downstream from the site of the former Town Mills shall be directed through
such watercourses as the Board may determine ;
(b) the Town Brooks
downstream from Tunnel Street shall be deemed to be public sewers for all the
purposes of the Drainage Laws and in respect of so much thereof as passes
through land not in public ownership the Board shall have the same rights as it
has in respect of public sewers constructed or acquired in exercise of the
powers conferred by Article 2 of the Sewerage (Amendment) (Jersey) Law, 1953;
(c) the riparian owners of
the Town Brooks downstream from Tunnel Street shall cease to be responsible for
the maintenance, upkeep and repair of the walls and vaults thereof, but the
Board shall not be responsible for any damage caused as a result of the
collapse of such walls or vaults, by whatever reason caused ;
(d) no compensation shall
be payable to any person by reason of the application of any of the provisions
of this Article.
ARTICLE 7
CONTROL OF BUILDING IN RELATION TO SEWERS AND WATERCOURSES
Where any application is made to the Island Development Committee
under Article 5 of the Preservation of Amenities (Jersey) Law, 1952, for consent to erect, make, extend or externally
alter any building within an area shown on a map furnished to the said
Committee by the Board for the purposes of this Article, then, in the
consideration of such application, the said Committee shall consult with the
Board and shall take into account any representations made by the Board as to
the effect of the building on the sufficiency of the sewerage and drainage systems
or with a view to the prevention of damage to, or hindrance to the repair and
maintenance of, sewers and watercourses, and the limitation of damage by
surface water.
ARTICLE 8
USE OF PUBLIC SEWERS FOR CONVEYING SURFACE WATER FROM ROADS
(1) The
use by a highway authority of a public sewer for the purpose of conveying
surface water from a road shall be subject to the consent of the Board and,
where such consent is given or is deemed to have been given, to compliance with
any requirements of the Board.
(2) For
the purposes of this Article, the consent of the Board shall be deemed to have
been given to the use of a public sewer for the purpose aforesaid where the
sewer is being used for that purpose immediately before the coming into force
of this Law.
ARTICLE 9
POWERS OF BOARD EXTEND TO OUTFALLS
The powers of the Board in relation to public sewers and
watercourses extend to the outfalls of public sewers and watercourses.
ARTICLE 10
ORDERS
(1) The
Board may, by order, make such provision as it considers necessary for securing
the efficient working and maintenance of sewerage and drainage systems and, in
particular, and without prejudice to the generality of the foregoing, for any
of the following purposes, that is to say –
(a) for regulating the use
and preventing the improper use of any sewer, watercourse or sewerage or
drainage works, or for preserving any sewer, watercourse or sewerage or
drainage works from damage or destruction:
Provided that no order for the purposes of this sub-paragraph shall
be valid in so far as it prevents reasonable facilities being afforded for
enabling a watercourse to be used by stock for drinking purposes ;
(b) for regulating the
opening of sluices and flood-gates in connexion with any sewerage or drainage
works ;
(c) for prohibiting or
regulating the discharge into any sewer or watercourse of any solid, liquid or
gaseous matter likely to injure the sewer or watercourse or to interfere with
the free flow of its contents or to impede its maintenance or, in the case of a
sewer, to affect prejudicially the treatment and disposal of its contents ;
(d) for requiring growths
in a watercourse to be cut and, when cut, to be removed therefrom.
(2) The
Subordinate Legislation (Jersey) Law, 1960, shall
apply to orders made under this Article.
(3) If
any person acts in contravention of, or fails to comply with, the provisions of
any order made under this Article, he shall be liable in respect of each
offence to a fine not exceeding one hundred pounds or, where the offence is a
continuing offence, one hundred pounds together with a further ten pounds for
each day on which it is so continued.
ARTICLE 11
POWER TO ENTER AND SURVEY LANDS
(1) Any
person authorized in that behalf by the Board may for any of the purposes of
the Drainage Laws at all reasonable times, on the production if so required of
evidence of his authority, enter and survey any lands and take levels thereof
and inspect and examine into the condition of any sewerage or drainage work
thereon.
(2) If
any person obstructs or impedes any person so authorized in the execution of
his duties, he shall be liable in respect of each offence to a fine not
exceeding fifty pounds.
ARTICLE 12
ENFORCEMENT OF NOTICES REQUIRING EXECUTION OF WORKS
(1) Where,
by or under the Drainage Laws, any person is required to carry out any works
and a notice has been served on him by the Board indicating the nature of the
works to be executed and specifying the time within which they are to be
executed, then, subject to the following provisions of this Article, if the
person required by the notice to execute the works fails to execute the works
indicated therein within the time limited thereby, the Board may execute the
works and 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, he shall be liable to a fine not exceeding ten pounds and to a further
fine not exceeding two pounds for each day on which the default continues.
(2) A
person served with such a notice as aforesaid may appeal to the Court on any of
the following grounds which are appropriate in the circumstances of the
particular case, namely –
(a) that the notice or
requirement is not justified by the terms of the provision under which it
purports to have been served or made ;
(b) that there has been
some informality, defect or error in, or in connexion with, the notice ;
(c) that the Board has
refused unreasonably to approve the execution of alternative works, or that the
works required to be executed are otherwise unreasonable in character or
extent, or are unnecessary ;
(d) that the time within
which the works are to be executed is not reasonably sufficient for the purpose
;
(e) that the notice might
lawfully have been served on the occupier of the land in question instead of on
the owner, or on the owner instead of on the occupier, and that it would have
been equitable for it to have been so served ;
(f) where the work is
work for the common benefit of the land in question and other land, that some other
person, being the owner or occupier of land to be benefited, ought to
contribute towards the expenses of executing any works required.
(3) If
and so far as an appeal under this Article is based on the ground of some
informality, defect or error in, or in connexion with, the notice, the Court
shall dismiss the appeal if it is satisfied that the informality, defect or
error was not a material one.
(4) Where
the grounds on which an appeal under this Article is brought include a ground
specified in sub-paragraph (e) or (f) of paragraph (2) of this Article, the
appellant shall serve a copy of the notice of appeal on each other person
referred to, and in the case of any appeal under this Article may serve a copy
of the notice of appeal on any other person having an estate or interest in the
land in question, and on the hearing of the appeal the Court may make such
order as it thinks fit with respect to the person by whom any work is to be
executed and the contribution to be made by any other person towards the cost
of the work or as to the proportions in which any expenses which may become
recoverable by the Board are to be borne by the appellant and such other
person.
(5) In
exercising its powers under paragraph (4) of this Article, the Court shall have
regard –
(a) as between an owner and
occupier, to the terms and conditions, whether contractual or statutory, of the
tenancy and to the nature of the works required ; and
(b) in any case, to the
degree of benefit to be derived by the different persons concerned.
(6) In
proceedings by the Board against any person for the recovery of any expenses
which the Board is entitled to recover from him, it shall not be open to him to
raise any question which he could have raised on an appeal under this Article.
(7) The
decision of the Court on an appeal under this Article shall be final and
without further appeal, but without prejudice to the right of the Court to
refer the matter to the Superior Number of the Royal Court.
(8) Where
a person served with such a notice as aforesaid appeals to the Court, paragraph
(1) of this Article shall not apply unless the appeal is abandoned or
dismissed, and shall, in that case, have effect as if for the reference therein
to the time specified in the notice, there were substituted a reference to
fourteen days from the date on which the appeal was abandoned or dismissed :
Provided that where land is being injured by water, the Board may,
on the expiration of the time specified in the notice, execute the works
indicated therein notwithstanding the bringing of an appeal against the notice
by the person on whom it is served and, in such a case, the Board may, if the
appeal is abandoned or dismissed, recover from that person as a civil debt the
expenses incurred by it in so doing.
(9) In
this Article, “the Court” means the Inferior Number of the Royal
Court.
ARTICLE 13
SERVICE OF NOTICES
(1) Any
notice required or authorized by or under the Drainage Laws to be served on a
person being a corporation shall be duly served if it is served on the
secretary or clerk of the corporation.
(2) Subject
to the provisions of this Article, any notice required or authorized by or
under the Drainage Laws to be served on any person may be served either –
(a) by delivering it to
that person ; or
(b) by leaving it at his
proper address ; or
(c) by registered post ; or
(d) by the recorded
delivery service.
(3) For
the purposes of this Article, and of Article 12 of the Interpretation (Jersey)
Law, 1954, in its application to this Article, the proper
address of any person on whom such a notice as aforesaid is to be served shall,
in the case of the secretary or clerk of a corporation, be that of the
registered or principal office of the corporation, and, in any other case, be
the usual or last-known place of abode of the person on whom the notice is to
be served :
Provided that, where the person on whom such a notice as aforesaid
is to be served has furnished an address for service in accordance with
arrangements agreed to in that behalf, his proper address for the purposes
aforesaid shall be the address furnished.
(4) If
the name or the address of any owner, lessee or occupier of premises on whom
any such notice as aforesaid is to be served cannot after reasonable enquiry be
ascertained by the person seeking to serve the notice, the notice may be served
by addressing it to the person on whom it is to be served by the description of
“owner”, “lessee” or “occupier” of the
premises (describing them) to which the notice relates, and by delivering it to
some responsible person resident or appearing to be resident on the premises,
or, if there is no such person to whom it can be delivered, by affixing it, or
a copy of it, to some conspicuous part of the premises.
ARTICLE 14
CONSEQUENTIAL AMENDMENTS AND REPEALS
(1) The
“Loi (1937) sur les Égouts” shall
have effect subject to the amendments specified in the First Schedule to this
Law, being amendments consequential on the provisions of this Law.
(2) The
enactments mentioned in the Second Schedule to this Law are hereby repealed to
the extent specified in the second column of that Schedule.
ARTICLE 15
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the Drainage (Jersey) Law, 1962, and this Law, so far as it
relates to sewers and sewerage, and the “Lois (1937 à 1961) sur
les Égouts” or the Sewerage (Jersey) Laws, 1937 to 1961, may be
cited together as the “Lois (1937 à 1962) sur les
Égouts” or the Sewerage (Jersey) Laws, 1937 to 1962.
(2) This
Law, with the exception of Article 7, shall come into force on the promulgation
thereof, and Article 7 shall come into force on the first day of the second
month next following that in which it is promulgated.
FIRST SCHEDULE
(Article 14(I))
CONSEQUENTIAL AMENDMENTS TO THE “LOI (1937) SUR LES
ÉGOUTS”
For Article 3 there shall be substituted the following Article
–
“ARTICLE
3
Dans la présente Loi, ‘égout public’
désigne –
(a) tout égout
construit ou en voie de construction, aux frais des États, soit en vertu
des Lois, Règlements et Actes abrogés par l’Article 62 de
la présente Loi, soit en vertu de la présente Loi ;
(b) tout égout
construit dans un chemin qui, au moment de la construction de
l’égout, était un chemin public ;
(c) tout autre égout
construit dans un chemin public si le Comité déclare que
l’égout est un égout public ;
(d) tout égout
construit ou acquis en vertu des dispositions de l’Article 2 de la Loi
intitulée ‘Sewerage (Amendment) (Jersey) Law, 1953’ ;
(e) le Grand-douet, le
Petit-douet et le Faux-bié en aval de ‘Tunnel
Street’.”
In sub-paragraph (c) of
Article 4, for the word “ladite” there shall be substituted the
word “la”.
SECOND SCHEDULE
(Article 14(2))
ENACTMENTS REPEALED
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SHORT TITLE.
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EXTENT OF REPEAL.
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“Loi (1937) sur les
Égouts”11
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In Article
4, sub-paragraph (b).
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Articles 6,
7, 8, 10, 11 and 19.
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In Article
33, paragraph (2).
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In Article
36, paragraph (2).
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Article 53.
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In paragraph
(I) of Article 54, the words “ou avec le Grand-douet, le Petit-douet ou
le Faux-bié en aval de ‘Tunnel Street’ ”.
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Article 55.
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In paragraph
(I) of Article 56, the words “ou dans le Grand-douet, le Petit-douet ou
le Faux-bié en aval de ‘Tunnel Street’ ” in both
places where they occur.
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Articles 57, 58 and 60.
In Article 61,
paragraphs (I) and (2).
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Article 63.
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“Loi
(1938) modifiant la Loi (1937) sur les Égouts”
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Articles 3 and 5.
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Sewerage
(Amendment) (Jersey) Law, 1953.
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In Article
2, paragraph (2).
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Articles 6 and 7.
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“Loi
(1954) (Amendement No. 3) sur les Égouts”
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Article 2.
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Sewerage
(Amendment No. 4) (Jersey) Law, 1958.
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The whole Law.
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Sewerage
(Amendment No. 5) (Jersey) Law, 1961.
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Article I.
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In Article 2, paragraph (2).
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A.D. LE BROCQ,
Deputy Greffier of the States.