Jersey Law 11/1955
CIVIL AVIATION (SUPPLEMENTARY PROVISIONS) (JERSEY) LAW, 1955.
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1 Interpretation
2 Compulsory
purchase of land for civil aviation purposes
3 Power
to exercise control over land in the interests of civil aviation.
4 Indication
of presence of obstructions to flying
5 Notices
6 Expenses
7 Repeal
8 Short
title
A LAW to
provide for the purchase of, and the exercise of control over, land in the
interests of civil aviation, for the indication of the presence of obstructions
to flying, and for matters incidental thereto, sanctioned by Order of Her
Majesty in Council of the
29th day of JULY,
1955.
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(Registered on the 20th day of August, 1955).
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STATES OF JERSEY.
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The 17th day of May,
1955.
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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, except where the context otherwise requires –
“the Committee” means the Harbours
and Airport Committee ;
“the Court” means the Inferior Number of the Royal
Court ;
“land” includes any estate or other interest in land
and any servitude ;
“owner” includes a usufructuary
and the husband of a feme covert ;
“purposes of civil aviation” includes all purposes
connected with air navigation except purposes of defence
of the realm by air.
(2) Any
reference in this Law to the carrying out of works on land shall be construed
as including a reference to the making of excavations on the land or to the
carrying out of levelling operations on the land, and
references to the maintenance of works or to interference with works shall be
construed accordingly.
(3) Any
power conferred by this Law shall be in addition to and not in derogation of
any other power conferred by or under any other enactment.
(4) References
in this Law to any enactment shall be construed as references to that enactment
as amended by or under any other enactment.
ARTICLE 2
COMPULSORY PURCHASE OF LAND FOR CIVIL
AVIATION PURPOSES
Where it appears to the States that any land should be acquired by
the public of the Island for purposes of civil aviation, 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, 1953, and, in
relation to the acquisition of any land as aforesaid, the Committee shall be
the acquiring authority within the meaning of the said Law.
ARTICLE 3
POWER TO EXERCISE CONTROL OVER LAND IN THE
INTERESTS OF CIVIL AVIATION.
(1) The
Committee may if satisfied that it is necessary so to do in order to secure the
safe and efficient use for civil aviation purposes of any land, structures
works or apparatus under the administration of the Committee, give directions
–
(a) for
restricting the height of trees upon any land, or for requiring any tree upon
any land to be cut down or reduced in height ;
(b) for
restricting the installation of cables, mains, pipes, wires or other apparatus
upon, across, under or over any land ;
(c) for
extinguishing, at the expiration of such period as may be determined by the
directions, any subsisting right of installing or maintaining any such
apparatus as aforesaid upon, across, under or over any land ;
(d) for requiring that,
before the expiration of such period as may be determined by the directions,
any such apparatus shall be removed from any land.
(2) For
the purpose of giving effect to any directions under this Article, the Committee
may authorize any person to remove, pull down, cut down, or alter so as to
bring into conformity with the requirements of the directions, any tree or
apparatus which contravenes those requirements, and to enter upon any land for
that purpose ;
Provided that a person proposing to exercise a power of entry
conferred under this Article –
(a) shall, if so required,
produce written evidence of his authority ;
(b) except in a case of
emergency, shall not enter upon any land which is for the time being occupied
unless, not less than seven days before the day on which entry is made, notice
of the intended entry, specifying the purpose for which entry will be made, has
been served on the occupier of the land.
(3) The
Committee may, during the period in which any works necessary to give effect to
any directions under this Article are being carried out, place upon, under or
over any land any machinery or apparatus required for carrying out such works
and if, during the said period, it appears to the Committee to be necessary so
to do either for the purpose of ensuring the proper and speedy carrying out of
any such works or for taking precautions against personal injury, it may
prohibit or restrict all or any persons from using such land.
(4) Every
person who wilfully obstructs a person in the
exercise of his powers under paragraph (2) of this Article or who uses any land
in contravention of any prohibition or restriction under paragraph (3) of this
Article shall be liable to a fine not exceeding fifty pounds sterling.
(5) The
provisions of the First Schedule to this Law shall have effect with respect to
directions given under this Article.
ARTICLE 4
INDICATION OF PRESENCE OF OBSTRUCTIONS TO
FLYING
(1) If
the Committee is satisfied, with respect to any building, structure or
erection, that in order to avoid danger to aircraft flying in darkness or
conditions of poor visibility, provision ought to be made (whether by lighting
or otherwise) for giving to such aircraft warning of the presence of that
building, structure or erection, the Committee may –
(a) cause to be executed,
installed, maintained, operated and, as occasion requires, repaired and
altered, such works and apparatus as may be necessary for enabling such warning
to be given in such manner as the Committee may determine ; and
(b) so far as may be
necessary for exercising any of the powers aforesaid, authorize any person,
with or without vehicles, to enter upon and pass over any land.
(2) No
works shall be executed on any land in pursuance of this Article unless, at
least fourteen days previously, the Committee has served on the occupier of
that land, and on every other person known by the Committee to have an interest
therein, a written notice containing particulars of the nature of the proposed
works and the manner in which and the time at which it is proposed to execute
them.
(3) The
Committee shall pay to any person having an interest in any land, such
compensation for any loss or damage which that person may suffer, or for any
expenses which that person may reasonably incur, in consequence of the exercise
by the Committee of its powers under this Article as may, in default of
agreement, be determined from time to time by arbitration.
(4) The
ownership of anything shall not be taken to be affected by reason only that it
is placed in, or affixed to, any land in pursuance of this Article ; and
(subject to the provisions of paragraph (6) of this Article) no person shall,
except with the consent of the Committee, wilfully
interfere with any works or things which, to the knowledge of that person, are
works or things executed or placed in, on or over any land in pursuance of this
Article.
(5) If
any person contravenes the provisions of paragraph (4) of this Article, he
shall be liable to imprisonment for a term not exceeding six months or to a
fine not exceeding two hundred pounds sterling or to both such imprisonment and
such fine ; and every person who wilfully obstructs a
person in the exercise of his powers under this Article shall be liable to a
fine not exceeding fifty pounds sterling.
(6) Nothing
in this Article shall operate, in relation to any building, structure or
erection, so as to restrict the doing of any work for the purpose of repairing,
altering, demolishing or removing the building, structure or erection on
condition that –
(a) notice of the doing of
that work is given as soon as may be to the Committee ; and
(b) the giving of warning
of the presence of the building, structure or erection in the manner determined
by the Committee is not interrupted.
ARTICLE 5
NOTICES
(1) Any
notice required to be served on any person for the purposes of this Law may be
served on him either by delivering it to him, or by leaving it at his proper
address, or by post, so however that the notice shall not be duly served by
post unless it is sent by registered letter.
(2) Any
such notice required to be served on an incorporated company or body shall be
duly served if it is served on the secretary or clerk of the company or body.
(3) For
the purposes of this Article, the proper address of any person on whom any such
notice as aforesaid is to be served shall, in the case of the secretary or
clerk of any incorporated company or body, be that of the registered or
principal office of the company or body, and in any other case be the last
known address of the person to be served :
Provided that where the person to be served has furnished an
address for service, his proper address for the purposes aforesaid shall be the
address furnished.
(4) If
it is not practicable after reasonable inquiry to ascertain the name or address
of any owner, lessee or occupier of land on whom any such notice as aforesaid
is to be served, the notice may be served by addressing it to him by the
description of “owner”, “lessee” or
“occupier” of the land (describing it) to which the notice relates,
and by delivering it to some person on the premises, or, if there is no person
on the premises to whom it can be delivered, by affixing it, or a copy of it,
to some conspicuous part of the premises.
ARTICLE 6
EXPENSES
Any expenses incurred by the Committee in the administration of
this Law shall be defrayed out of the General Revenues of the States.
ARTICLE 7
REPEAL
The Laws mentioned in the Second Schedule to this Law are hereby
repealed, but without prejudice to anything done or suffered thereunder, or to any right, privilege, obligation or
liability acquired, accrued or incurred thereunder.
ARTICLE 8
SHORT TITLE
This Law may be cited as the Civil Aviation (Supplementary
Provisions) (Jersey) Law, 1955.
FIRST SCHEDULE
PROVISIONS RELATING TO DIRECTIONS UNDER ARTICLE 3
PART I
NOTICE
OF DIRECTION
1. Immediately
after the direction has been given, the Committee shall serve notice of the
direction –
(a) in the case of any direction,
upon every owner, lessee and occupier of the land to which the direction
relates ;
(b) in the case of a direction
restricting the installation of apparatus or extinguishing rights to instal or maintain apparatus, upon every person whose
rights to instal or maintain apparatus are affected by
the direction ; and
(c) in the case of a direction
requiring the removal of any apparatus, upon the person entitled to maintain
the apparatus required to be removed under the direction.
Any notice given with respect to any direction for the purpose of complying
with the requirements of this paragraph shall state the effect of the
direction.
2. If
any person aggrieved by the direction desires to question the validity thereof,
or of any provision contained therein, on the ground that it is not within the
powers of the Committee or that any requirement of this Law has not been
complied with in relation to the direction or that the direction is
unreasonable having regard to all the circumstances of the case, he may, within
six weeks from the time when the direction is served upon him in accordance
with the requirements of this Schedule, make an application to the Court ; and
on any such application the Court –
(a) may by interim order suspend
the operation of the direction or of any provision contained therein, either
generally or in so far as it affects the applicant, until the final
determination of the proceedings ; and
(b) if satisfied that the
direction or any provision contained therein is not within the powers of the
Committee, or that the interests of the applicant have been substantially
prejudiced by any requirement of this Law not having been complied with or that
the direction is unreasonable having regard to all the circumstances of the
case, may quash the direction or any provision contained therein, either
generally or in so far as it affects the applicant.
PART II
COMPENSATION
3. Any
person having an interest in land the value of which is diminished in
consequence of the giving of the direction shall be entitled to recover
compensation from the Committee for the diminution.
4. Any
person who sustains damage by being disturbed in the enjoyment of any right in
or over land in consequence of the giving of the direction (not being damage
which consists of the diminution in the value of an interest in land) shall be
entitled to recover compensation from the Committee in respect of that damage.
5. The
Committee shall pay compensation in respect of any expenditure reasonably
incurred by any person for the purpose of carrying out work which is required
to be carried out by the direction.
6. The
compensation payable to any person by virtue of the foregoing provisions of
this Schedule shall be reduced by the value to him of any timber, apparatus or
other materials removed for the purposes of complying with the direction.
7. For
the purpose of assessing compensation under this Schedule, in so far as it is
payable in respect of the diminution in the value of an interest in land,
Article 9 of the Compulsory Purchase of Land (Procedure) (Jersey) Law, 1953, shall, so far as it is applicable and subject to
any necessary modifications, have effect as it has effect for the purpose of
assessing compensation for the compulsory acquisition of land.
8. Where
any dispute arises as to whether compensation is payable under this Schedule,
or as to the amount of any such compensation, or as to the persons to whom it
is payable, the dispute shall be determined by arbitration.
PART III
MISCELLANEOUS
9. Subject
as hereinafter provided, the Committee shall as soon as may be after the
direction has been given, make application to the Court for an order that the
direction be registered in the Public Registry of Contracts :
Provided that the application shall not be made before the
expiration of six weeks from the time when the direction is served in
accordance with the requirements of this Schedule, or, where an application has
been made to the Court under paragraph 2 of this Schedule, until after the
final determination of the proceedings.
10. Where,
for any reason, the direction ceases to have effect, any person having an
interest in the land to which the direction relates may apply to the Court for
an order that the registration thereof in the Public Registry of Contracts be
annulled, and the Court, on being satisfied that the direction has ceased to
have effect, shall make such an order.
11. Subject
to the provisions of paragraphs 2 and 10 of this Schedule, the direction shall
not, either before or after it has been given, be questioned in any legal
proceedings whatsoever.
SECOND SCHEDULE
(Article 7)
ENACTMENTS REPEALED
1. “Loi relative à l’établissement d’un port aérien”, confirmed by Order of His Majesty in
Council of the 14th May, 1934.
2. “Amendement à la Loi (1934) relative à l’établissement d’un port aérien”, confirmed by Order of His Majesty in
Council of the 6th June, 1935.
3. “Amendement (No. 2) à la Loi (1934) relative à l’établissement d’un port aérien”, confirmed by Order of His Majesty in
Council of the 24th March, 1936.
4. “Amendement (No. 3) à la Loi (1934) relative à l’établissement d’un port aérien”, confirmed by Order of His Majesty in
Council of the 23rd June, 1938.
To be printed, published and posted.
F. DE L. BOIS,
Greffier of the States.