Jersey Law 10/1988
QUEEN’S VALLEY RESERVOIR (JERSEY) LAW, 1988.
ARRANGEMENT OF ARTICLES
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1.
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Interpretation.
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2.
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Authorisation and requirement to carry out waterwork
project in Queen’s Valley.
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3.
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Acquisition of land.
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4.
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Road works; temporary closure of road to diversion on
traffic.
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5.
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Temporary diversion of watercourses and public
utilities.
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6.
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Extinguishment of roads.
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7.
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Permissible limits of deviation.
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8.
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Power to impound water.
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9.
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Discharge of water.
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10.
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Deposit of plan.
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11.
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Compensation.
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12.
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Protection of public utility services.
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13.
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Protection of local sources of water supply.
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14.
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Land and works to form part of undertaking of the
Company.
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15.
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Amendment of Water (Jersey) Law, 1972.
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16.
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Short title.
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SCHEDULES
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FIRST SCHEDULE.
(Article 2(1)).
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SECOND SCHEDULE.
(Article 2(3)(f)).
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THIRD SCHEDULE.
(Article 6).
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FOURTH SCHEDULE.
(Article 15).
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QUEEN’S VALLEY RESERVOIR (JERSEY) LAW, 1988.
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A LAW to
authorise and require the carrying out of a waterwork project in Queen’s Valley
by The Jersey New Waterworks Company Limited, to amend Article 6 of the Water
(Jersey) Law, 1972 and to provide for ancillary matters, sanctioned by Order of
Her Majesty in Council of the
23rd day of MARCH, 1988.
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(Registered on the 17th day of June, 1988.)
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STATES OF JERSEY.
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The 13th day of May,
1986.
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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 authorised works” means
the reservoir, silt pond and other works authorised and required by Article 2
and described in the First Schedule and any works, apparatus and conveniences
constructed, provided or installed, and operations carried out, in connexion
with, or for the purposes of, those works in pursuance of sub-paragraph (f) of
paragraph (3) of Article 2 and the Second Schedule;
“Board of Arbitrators” means
the Board of Arbitrators mentioned in Article 7 of the Compulsory Purchase of
Land (Procedure) (Jersey) Law, 1961;
“the Committee” means the
Public Works Committee;
“the Company” means The Jersey
New Waterworks Company Limited registered by Act of the Royal Court dated the
11th day of February, 1882 in accordance with the provisions of the
“Loi(1861) sur les Sociétés à Responsabilité
Limitée ;
“deposited plan” means the plan
referred to in Article 10;
“highway authority” has the
same meaning as in the Roads (Administration) (Jersey) Law, 1960;
“in”, in a context referring to
works or apparatus, includes under, over, along or upon;
“land” includes houses,
buildings and structures on land, water, interests in or under land or water
and servitudes or rights in, on or over land or water;
“the project” means the project
described in Article 2;
“Queen’s Valley” means
the valley described in Article 2;
“reservoir” means a reservoir
for water as such and “the reservoir” means the reservoir referred
to in Article 2;
“road” has the same meaning as
in the Roads Administration (Jersey) Law, 1960;
“telegraphic line” has the same
meaning as in the Telecommunications (Jersey) Law, 1972;
“watercourse” includes all
brooks, streams, ditches, channels, cuts, culverts, dykes, sluices and passages
through which water flows.
(2) Where
in this Law there is a reference to an Article or Schedule by number only, and
without further identification, such reference shall be construed as a
reference to the Article or Schedule of that number contained in this Law.
(3) Where
in this Law there is a reference to a Work by number only, and without further
identification, such reference shall be construed as a reference to the Work of
that number contained in the First Schedule.
(4) Where
in any Article or other division of this Law there is a reference to a
paragraph, sub-paragraph or clause by number or letter only, and without
further identification, such reference shall be construed as a reference to the
paragraph, sub-paragraph or clause of that number or letter contained in the Article
or other division of this Law in which such reference occurs.
(5) Unless
the context otherwise requires, where this Law refers to any enactment, the
reference is a reference to that enactment as amended, whether by this Law or
by any other enactment, and includes a reference to that enactment as extended
or applied by or under any other enactment, including any other provision of
that enactment.
(6) Where
any provision of the Company’s Memorandum of Association or Articles of
Association is inconsistent, or is in conflict, with the provisions of this
Law, the latter shall prevail.
ARTICLE
2
Authorisation and requirement to carry out waterwork project in
Queen’s Valley
(1) Subject
to the provisions of this Law, of the Island Planning (Jersey) Law, 1964 and of the “Loi (1934) sur la Santé
Publique”, the Company is hereby authorised
and required to carry out the project described in paragraph (2) and the First
Schedule.
(2) The
project consists of the construction of a reservoir, silt pond and other works
in Queen’s Valley in the Parishes of Grouville, Saint Martin and Saint
Saviour as a source of supply forming part of the undertaking of the Company.
(3) For
the purposes of the project the Company may –
(a) acquire
land as provided in Article 3;
(b) require
the appropriate highway authority to do the things provided for in Article 4;
(c) do
temporarily in relation to any watercourse, sewer, drain, gas or water pipe,
electricity cable or telegraphic line, the things provided for in Article 5;
(d) cause
roads to be extinguished as provided for in Article 6 and the Third Schedule;
(e) vary
the location or, as the case may be, the height of a work or part of a work
described in the First Schedule where permitted to do so under Article 7;
(f) in
connexion with, or for the purposes of, the works described in the First
Schedule, carry out the works and operations and do the things described in the
Second Schedule within the limits of land to be acquired shown on the deposited
plan and to the extent necessary for Work No. 4, outside such limits;
(g) impound,
appropriate and use water as provided for in Article 8;
(h) use
water from the reservoir for the purposes of water supply;
(j) from
time to time within the limits of deviation permitted under Article 7 extend,
enlarge, alter, replace or renew the works described in the First Schedule;
(k) do
all such other things not unlawful as may be required in order to carry out the
project.
(4) Where
water escapes from the reservoir the Company shall be prima facie liable for
the damage which is the natural consequence of its escape.
(5) Liability
under paragraph (4) shall be strict and it shall not be a defence that the
water escaped without the Company’s wilful act, default or neglect.
ARTICLE
3
Acquisition of land
(1) The
Company may acquire by agreement any land required for the purposes of the
project.
(2) The
Company may acquire by compulsory purchase, in accordance with the provisions
applied by paragraph (2) of Article 6 of the Water (Jersey) Law, 1972 to the acquisition of land under that Article, any
land required for the purposes of the project and situated within the limits of
land to be acquired shown on the deposited plan.
(3) No
person shall be required to sell a part only of his land if –
(a) the
part which would be left (which may be outside the limits of land to be
acquired shown on the deposited plan) is incapable of reasonably beneficial
use;
(b) he
is willing and able to sell the whole; and
(c) he
serves notice on the Company requiring it to purchase the whole.
(4) The
Company may acquire any land in the manner mentioned in paragraph (1) or in
paragraph (2) belonging to the National Trust for Jersey or any other person
notwithstanding that such land may be held inalienably.
(5) In
this Article “the National Trust for Jersey” means the association
incorporated by a Law passed by the States on 11th February, 1937 and confirmed
by Order in Council dated 13th April, 1937.
(6) Where
the Company acquires land in the manner mentioned in paragraph (2), paragraph (1)
of Article 5 of the Compulsory Purchase of Land (Procedure) (Jersey) Law, 1961, shall not apply.
(7) On
the date on which any land is acquired by the Company within the limits of land
to be acquired shown on the deposited plan, any public footpath thereon shall
be extinguished and the “fonds” thereof shall vest in the Company
by operation of law and without conveyance.
(8) Paragraph
(7) is in addition to and shall not derogate from Article 6.
(9) Where
paragraph (2) applies paragraph (1) of Article 6 of the Water (Jersey) Law,
1972 shall not apply.
ARTICLE
4
Road works; temporary closure of road or diversion of traffic
(1) Where
the Company represents to a highway authority that in order to carry out the
authorised works the widening or strengthening of a road is necessary or
desirable, the highway authority shall with reasonable expedition carry out
such works as may be required for such widening or strengthening.
(2) Where
the Company represents to a highway authority that in order to carry out the authorised
works a junction is required between an access road described in the First
Schedule and another road, the highway authority shall with reasonable
expedition carry out such works as may be required to provide such junction in
accordance with plans and specifications of the access road at the said
junction supplied to the highway authority by the Company.
(3) All
costs reasonably incurred by a highway authority in carrying out works under
paragraph (1) or (2) shall be paid to the highway authority by the Company and
for the purposes of this paragraph “costs” includes direct costs,
overhead expenses and cost of financing.
(4) If
the highway authority does not proceed with the carrying out of works under
paragraph (2) or, having begun those works, does not complete them with
reasonable expedition the Company may itself carry out the works or, as the
case may require, such part of the works as remains to be completed.
(5) Where
the Company represents to a highway authority that in order to carry out the authorised
works the temporary closure of a road or the temporary diversion of traffic
from a road is necessary or desirable, the highway authority shall with
reasonable expedition make the arrangements for such closure or diversion.
ARTICLE
5
Temporary diversion of watercourses and public utilities
(1) Subject
to the provisions of this Article, in order to carry out the authorised works,
including the excavation and disposal of materials, the Company may temporarily
stop up, alter, divert or otherwise interfere with any watercourse, sewer,
drain, gas or water pipe, electricity cable or telegraphic line.
(2) The
powers of paragraph (1) shall not be exercised in relation to any watercourse,
sewer or drain without providing a proper substitute before interrupting the
passage of water or other matter therein, and the Company shall be liable to
pay compensation for damage caused in the exercise of the powers aforesaid.
(3) The
powers of paragraph (1) shall not be exercised in relation to any gas or water
pipe, electricity cable or telegraphic line except in accordance with Article
12.
ARTICLE
6
Extinguishment of roads
(1) On
and after the relevant date the several lengths of road situated within the
limits of deviation shown on the deposited plan shall be extinguished.
(2) The
relevant date referred to in paragraph (1) shall be ascertained in accordance
with the provisions of the Third Schedule.
(3) This
Article and the Third Schedule shall have effect notwithstanding the provisions
of any other enactment passed before the commencement of this Law.
(4) Where,
by reason of the extinguishment of a length of road under this Law, land ceases
to be a road, that land (the “fonds” of the road) shall vest in the
highway authority which shall forthwith make it available to the Company and
sell it to it at such price as may be agreed between them or, in default of
agreement, as may be determined by a Board of Arbitrators constituted in
accordance with Article 8 of the Compulsory Purchase of Land (Procedure)
(Jersey) Law, 1961, which
Law shall then apply as if the land were acquired by the Company under
paragraph (2) of Article 3 of this Law and notice had been given under
paragraph (3) of Article 4 of the said Law of 1961.
ARTICLE
7
Permissible limits of deviation
(1) Works
Nos. 1 to 10 shall be constructed in the lines or situations shown on the
deposited plan, but each such work may deviate from the line or situation so
shown to the extent of the limits of deviation for that work so shown.
(2) Each
of the following works shall be constructed to a height not exceeding the
height hereinafter specified in relation thereto above the datum from which the
Ordnance Survey's Bench Mark near the east pillar of the main gate at the
entrance to St. Saviour’s Hospital from La Route de la Hougue Bie was
fixed at 53.82 metres, that is to say –
(a) the
sills of the overflow weirs forming parts of Works Nos. 1 and 3 – a
height of 36 metres;
(b) the
sill of the inlet weir of the subsidiary embankment forming part of Work No. 1
– a height of 36.055 metres;
(c) the
main dam forming part of Work No. 1 – a height of 39.6 metres;
(d) the
said subsidiary embankment – a height of 38.25 metres;
(e) the
intermediate dam, Work No. 3 – a height of 39 metres;
(f) the
raising of the existing embankment forming part of Work No. 4 – a height
of 40 metres:
Provided that on constructing the works specified in sub-paragraphs
(c) to (f), including any wall, fence or other structure on any such work, the
Company may deviate upwards from the levels there specified to any extent not
exceeding 2 metres.
ARTICLE
8
Power to impound water
The Company may impound, appropriate and use –
(a) water
from the catchment of the stream in Queen’s Valley which may be taken or
intercepted by means of the reservoir; and
(b) water
which belongs to the Company or which it is for the time being authorised to
take, otherwise than under this Law, which it may bring to and discharge into
the reservoir for storage therein.
ARTICLE
9
Discharge of water
(1) Subject
to the provisions of this Article, the Company shall discharge a quantity of
water continuously and at a uniform rate from the reservoir into the stream in
Queen’s Valley –
(a) being
not less than fifty thousand gallons in any period of twenty-four hours; or
(b) being
equivalent to the measured flow to the reservoir from its natural catchment,
whichever is the less.
(2) The
quantities referred to in paragraph (1) and in sub-paragraph (b) of paragraph
(3) shall be measured by a gauge in each case.
(3) Nothing
in this Article shall prevent or restrict the discharge of water into the
stream below the reservoir –
(a) for
the safety of the structure of the dams forming part of Works Nos. 1 and 3; and
either
(b) continuously
and at a uniform rate not exceeding two million five hundred thousand gallons
in any period of twenty-four hours; or
(c) being
a quantity equivalent to the natural flow of water over the main dam overflow
weir when the reservoir is full.
(4) Any
damage or injury in the land below the main dam caused by the discharge of
water under paragraph (3) or resulting from greater discharge than the amounts
mentioned in sub-paragraphs (b) and (c) of that paragraph shall be the subject
of compensation by the Company.
ARTICLE
10
Deposit of plan
(1) Two
copies of the plan laid before the States on the eighteenth day of February,
1986 were signed for purposes of identification by the Greffier of the States
and the Managing Director of the Company on the thirty-first day of December,
1985.
(2) On
the commencement of this Law, one of such signed copies shall be deposited with
the Greffier of the States and the other shall be deposited with the Secretary
of the Company.
(3) The
copy deposited with the Secretary of the Company shall be made available for
inspection by the public without charge at the offices of the Company on the
days and during the hours when such offices are open to the public for the
payment of water rates.
ARTICLE
11
Compensation
(1) Any
person –
(a) whose
property is damaged; or
(b) who
sustains damage by being disturbed in the enjoyment of any right in or over
land;
in consequence of the exercise by the Company of its powers under
this Law or the carrying out by the Company of its duties under this Law, shall
be entitled to recover compensation from the Company in respect of that damage.
(2) Where
any dispute arises as to the amount of any compensation payable under this
Article, or as to the persons to whom it is payable, the dispute shall be
determined by arbitration.
(3) This
Article is in addition to and does not derogate from the provisions applied by
paragraph (2) of Article 6 of the Water (Jersey) Law, 1972 (land taken by compulsory purchase).
ARTICLE
12
Protection of public utility services
(1) In
this Article –
“protected
service” means a supply of gas, water or electricity, or a service
provided under the Telecommunications (Jersey) Law, 1972, to any premises which are not within the limits of
land to be acquired shown on the deposited plan;
“relevant
apparatus” means any pipes, mains, cables, wires, telegraphic line, or
other works or apparatus provided and maintained for the provision of a
protected service not being works or apparatus to which Article 13 applies;
“undertakers”
means any person authorised by or under any enactment to carry on an undertaking
for, or for purposes which include, the provision of a protected service.
(2) The
Company shall not acquire any relevant apparatus under this Law otherwise than
by agreement.
(3) If
the Company acquires under this Law any land in which relevant apparatus is
situated, it shall not remove, or interrupt the operation of, that apparatus
until alternative apparatus adequate to provide the service provided by the
relevant apparatus has been provided and is in operation.
(4) If
–
(a) the
Company, for the purposes of this Law, requires the removal of any relevant
apparatus and gives to the undertakers or other person owning the apparatus
notice of its requirements; or
(b) in
consequence of the exercise by the Company of the powers of this Law the
undertakers or other person owning any relevant apparatus reasonably require
its removal and replacement,
the Company shall, so far as it is reasonably practicable to do so,
afford the necessary facilities for the provision and bringing into operation
of such adequate alternative apparatus as is mentioned in paragraph (3):
Provided that if the Company is unable to afford such facilities
the undertakers or other person concerned shall use their best endeavours to
obtain the necessary facilities in other land.
(5) The
Company shall pay to the undertakers or other person owning any relevant
apparatus the amount by which any expenses reasonably incurred by them in
connexion with any renewal or alteration of any relevant apparatus, or the
provision of any new apparatus, which may be required in consequence of the
exercise of the powers of this Law exceed the value (calculated after removal)
of any relevant apparatus for which alternative apparatus is substituted and
shall pay compensation to them for any damage caused to any relevant apparatus
in the exercise of such powers.
(6) The
temporary closure of a road under paragraph (5) of Article 4 shall not prevent
the undertakers concerned from obtaining access to any relevant apparatus
therein for the purpose of maintaining, inspecting, repairing, renewing or
removing that apparatus.
(7) Any
difference which may arise between the Company and any undertakers or other
person under this Article shall be referred to and determined by an arbitrator
to be appointed, in default of agreement, by the Committee.
ARTICLE
13
Protection of local sources of water supply
(1) In
this Article –
(a) “protected
source” means any well, borehole, spring or stream, and any water supply
apparatus connected therewith, within the limits of land to be acquired shown
on the deposited plan, which is used at the commencement of this Law as an
effective source for the supply of water to premises which are not within the
said limits;
(b) “unprotected
source” means any well, borehole or spring, and any water supply
apparatus connected therewith, not within the limits of land to be acquired
shown in the deposited plan, which is used at the commencement of this Law as
an effective source for the supply of water to premises which are not within
the said limits.
(2) If
the Company acquires under this Law any land in which a protected source is
situated it shall take such steps as may be necessary to maintain the operation
of that source until an adequate alternative water supply to the premises
served by the source has been provided by the Company in accordance with the
provisions of paragraph (3).
(3) If
for the purposes of paragraph (2) the Company undertakes the provision of an
alternative water supply to any premises –
(a) access
to the premises and facilities for the provision of any necessary apparatus
shall be made available to the Company without charge; and
(b) the
supply shall be provided by the Company on such terms as may be agreed, or in
default of agreement, determined by arbitration having regard to the cost of
operating the protected source and any deficiency in the supply obtained from
the source.
(4) Any
difference which may arise between the Company and the owner, lessee or
occupier of a protected source under this Article shall be referred to and determined
by an arbitrator to be appointed, in default of agreement, by the Royal Court.
(5) Where
it can be shown that an unprotected source has as a result of the doing of the
authorised works been materially adversely affected as a source for the supply
of water, paragraphs (2), (3) and (4) shall apply as though that unprotected
source was a protected source.
ARTICLE
14
Land and works to form part of the undertaking of the Company
All land acquired by the Company for the purposes of the project
and all works constructed by the Company for such purposes, shall form part of
the undertaking of the Company.
ARTICLE
15
Amendment of the Water (Jersey) Law, 1972
Article 6 of the Water (Jersey) Law, 1972, is hereby amended to the extent set out in the
Fourth Schedule.
ARTICLE
16
Short title
This Law may be cited as the Queen’s Valley Reservoir
(Jersey) Law, 1988.
E.J.M. POTTER
Greffier of the States.
FIRST SCHEDULE
(Article 2(1))
1. Work
No. 1
A reservoir formed by a
main dam across the unnamed stream in Queen’s Valley between reference
point 0569331E, 5449654N and reference point 0569509E, 5449608N and a
subsidiary embankment across the said stream between reference point 0569893E,
5450549N and reference point 0569970E, 5450574N, with a draw-off tower and overflow
weir at the main dam and an inlet weir at the subsidiary embankment.
2. Work
No. 2
A stilling pond at
reference point 0569427E, 5449518N and an outlet channel below the main dam
commencing in the said stilling pond and terminating at reference point 0569417E,
5449430N.
3. Work
No. 3
An intermediate dam
across the reservoir between reference point 0569722E, 5450156N and reference
point 0569827E, 5450175N with a weir, bridge and draw-off tower.
4. Work
No. 4
A raising of the
existing embankment across the tributary stream south of St. Saviour’s
Hospital between reference point 0569700E, 5450385N and reference point
0569731E, 5450438N and, subject to the grant of such rights as may be required
for that purpose, the infilling of land upstream from the said embankment.
5. Work
No. 5
A silt pond formed
partly by excavation and partly by the subsidiary embankment (part of Work No.
1) with inlet chambers and a bypass pipe.
6. Work
No. 6
A pumping station partly
within the downstream slope of the main dam (part of Work No. 1) at or about
reference point 0569450E, 5449570N.
7. Work
No. 7
An access road
commencing by a junction with La Rue du Moulin-de-Bas at reference point
0569407E, 5449425N, passing round the stilling pond (part of Work No. 2) and
terminating at the pumping station (Work No. 6), with parking places for
vehicles.
8. Work
No. 8
An access road
commencing by a junction with La Rue des Teurs Champs at reference point
0569500E, 5449545N and terminating at the western end of the main dam (part of
Work No. 1).
9. Work
No. 9
An access road
commencing by a junction with La Rue D’ava (B.28) at reference point
0569982E, 5450577N and terminating at the silt pond (Work No. 5) at reference
point 0569936E, 5450609N together with an access ramp and parking places for
vehicles.
10. Work
No. 10
A track around the
reservoir and silt pond commencing at the termination of the access road (Work
No. 8) and terminating by a junction with that road at the eastern end of the
main dam, including tracks across the subsidiary embankment (part of Work No.
1) and the intermediate dam (Work No. 3).
SECOND SCHEDULE
(Article 2(3)(f))
1. Make
and provide all necessary and convenient walls, banks, embankments, grout
curtains, boreholes, borrow pits, quarries, aerators, tunnels, piling, fences,
gates, gabions, culverts, drains, intakes, pumping inlets, weirs, gauges and
measuring devices, overflows, chambers, manholes, channels, roads, bridges,
footpaths and all such mains, pipes, cables, wires, lightning conductors,
instruments, aerials, machinery, works and appliances as may be required.
2. Divert,
alter, stop up and discontinue any watercourse to the extent that so much of
such watercourse will be rendered unnecessary by reason of the carrying out of
the authorised works.
3. Provide
parking places for vehicles.
4. Excavate,
remove and process, (whether by blasting or by other means) rock, soil and
sub-soil.
5. Fell,
grub up, remove and plant trees, shrubs, bushes and other vegetation.
6. Dispose
of spoil and other material and carry out landscaping.
7. Remove,
alter, divert or improve any buildings, structures, electricity cables,
telegraphic lines, gas or water pipes, drains, sewers, septic tanks, soakaways,
cesspits, manure pits, sewage pumping stations and water abstraction stations,
boreholes or water treatment plants as may be required.
8. Execute
any works for the protection of adjoining lands.
THIRD SCHEDULE
(Article 6)
1. The
relevant date for the purposes of Article 6 shall be the date specified in the
advertisement referred to in paragraph 2 of this Schedule as the date on which
the lengths of road referred to in paragraph (1) of Article 6 are to be
extinguished and such extinguishment shall come into operation immediately on
the expiration of the previous day.
2. The
Company shall give notice of the extinguishment of such lengths of road by
publishing on one occasion not less than fourteen days before the relevant
date, in a newspaper circulating in the Island, information giving a
description of the lengths of road to be extinguished and the date on which
they are to be extinguished.
3. The
notice referred to in paragraph 2 of this Schedule shall be certified by the
Greffier of the States as being a notice published in pursuance of the
requirements of this Law.
FOURTH SCHEDULE
(Article 15)
Amendment of Water (Jersey) Law, 1972
For sub-paragraph (b) of paragraph (2) of Article 6 of the Water
(Jersey) Law, 1972 there
shall be substituted the following sub-paragraphs –
“(b) references
in Article 6, in paragraph (2) of Article 9A, in paragraph (1) of Article 13
and in Article 17 to the States were references to the Company;
(ba) references in
the heading to, and paragraphs (1) and (2) of, Article 4A, in sub-paragraph (b)
of paragraph (1) of Article 9, in paragraphs (1) and (4) of Article 9A, and in
the heading to, and paragraph (1) of, Article 16 to the public were references
to the Company;
(bb) references therein
to land were references which included interests under land or water.”.