Jersey Law
11/1996
RESERVOIRS
(JERSEY) LAW 1996
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ARRANGEMENT OF ARTICLES
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PART I – PRELIMINARY
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1.
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Interpretation
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2.
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Meaning of “reservoir”, “raised
reservoir” and “large raised reservoir”
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3.
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Ambit
of Law
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PART II – SUPERVISION OF
RESERVOIRS
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4.
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Registration
of large raised reservoirs by Committee
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5.
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Qualification
of engineers
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6.
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Construction
or enlargement of reservoirs
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7.
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Certificates
of construction engineers
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8.
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Non-compliance with requirements as to construction or
enlargement of reservoirs
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9.
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Re-use
of abandoned reservoirs
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10.
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Periodical
inspection of large raised reservoirs
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11.
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Monitoring
of water levels etc.
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12.
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Supervision
of large raised reservoirs
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13.
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Discontinuance
of large raised reservoirs
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14.
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Abandonment
of large raised reservoirs
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PART III
– ENFORCEMENT
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15.
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Reserve
powers
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16.
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Emergency
powers
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17.
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Powers
of entry
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18.
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Compensation
to third parties for damage or disturbance
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PART IV – SUPPLEMENTARY
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19.
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Reference
of disputed recommendations to arbitrator
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20.
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General provisions as to reports, certificates etc. of engineers
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21.
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Duty
of undertakers to furnish information
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22.
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Criminal
liability of undertakers and their employees
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23.
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Civil
liability of undertakers
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PART V – MISCELLANEOUS AND
FINAL PROVISIONS
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24.
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Notification
to Committee of existing reservoirs
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25.
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Inspection
of existing reservoirs
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26.
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Reservoirs
in course of construction or alteration
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27.
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Compliance
with other enactments
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28.
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Service
of notices
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29.
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Orders
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30.
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Rules
of Court
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31.
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Short
title and commencement
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RESERVOIRS
(JERSEY) LAW 1996
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A LAW to make provision against escapes
of water from large reservoirs; and for connected purposes, sanctioned by Order
of Her Majesty in Council of the
24th day of APRIL 1996
____________
(Registered on the 24th day of May 1996)
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STATES OF JERSEY
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The 7th day of November 1995
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THE STATES, subject to the sanction of Her
Most Excellent Majesty in Council, have adopted the following Law –
PART I
PRELIMINARY
ARTICLE 1
Interpretation
(1) In
this Law unless the context otherwise requires –
“the
Committee” means the Public Services Committee;
“construction
engineer” has the meaning assigned to it by Article 6;
“the 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;
“prescribed”
means prescribed by an Order made by the Committee;
“qualified
civil engineer” has the meaning assigned to it by Article 12;
“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) A
reference in this Law to a Part or Article by number only, and without further
identification, is a reference to the Part or Article of that number in this
Law.
(3) A
reference in an Article or other division of this Law to a paragraph,
sub-paragraph or clause by number or letter only, and without further
identification, is 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 that reference occurs.
(4) Unless
the context otherwise requires, where this Law refers to an enactment, the
reference is to that enactment as amended from time to time, and includes a
reference to that enactment as extended or applied by or under another
enactment, including any other provision of that enactment.
ARTICLE 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 sub-paragraph (b) of
paragraph (1) 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.
ARTICLE 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 II
SUPERVISION OF RESERVOIRS
ARTICLE 4
Registration of
large raised reservoirs by Committee
The Committee
shall establish and maintain a register showing the large raised reservoirs in
the Island and giving the prescribed information about each of them; and
–
(a) the register maintained
by the Committee 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.
ARTICLE 5
Qualification of
engineers
(1) The
Committee shall establish and maintain a register of civil engineers approved
by it 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
Committee shall from time to time review the register, or registers,
established under this Article and shall make such amendments thereto as it
considers necessary or appropriate.
ARTICLE 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 he gives his 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.
ARTICLE 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, he shall give a
certificate (“the 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, he 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 three 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, he shall give a certificate (“the 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 five years after a preliminary certificate is first issued for a
reservoir or addition to a reservoir the construction engineer has not issued
his final certificate, he shall give the undertakers a written explanation of
his 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
connexion 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.
ARTICLE 8
Non-compliance
with requirements as to construction or enlargement of reservoirs
(1) Where
it appears to the Committee 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 Committee may by written notice served on the
undertakers require them within twenty-eight 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 Committee 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 he gives a final certificate under this
Article.
(3) An
engineer acting under this Article shall include in his report any
recommendations he 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 he 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 three 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 three 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 he 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 he 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 connexion
with the works.
ARTICLE 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 he 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, paragraph (4) of Article 6 applies).
(3) An
engineer acting under this Article shall include in his report any
recommendations he 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 of this Law, 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 he 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 Committee –
(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 Committee may
by written notice served on the undertakers require them –
(i) within
twenty-eight 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
Committee 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 Committee proposes to serve a notice under paragraph (7) requiring
undertakers to carry a recommendation into effect, the Committee 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.
ARTICLE 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 (“the inspecting
engineer”) and obtain from him a report of the result of his 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 two 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 ten 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 he 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 his report a note of any
such matters.
(5) An
inspecting engineer, when he makes his 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 he recommends
the inspection should be made.
(6) Where
an inspecting engineer includes in his 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 he is satisfied that the recommendation has been carried into effect.
(7) Where
it appears to the Committee, 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 Committee may
by written notice served on the undertakers require them –
(i) within
twenty-eight 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
Committee 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 Committee propose to serve a notice under paragraph (7) requiring the
undertakers to carry a recommendation into effect, the Committee 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 he is not in the
employment of the undertakers otherwise than in a consultant capacity; and
(b) that he 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 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.
ARTICLE 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.
ARTICLE 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 (“the 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 paragraphs (2) to (4) of Article 6 or paragraph
(2) of Article 9 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 him 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 he 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 he thinks that such an inspection is
called for.
(4) Where
it appears to the Committee 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 Committee may by written notice served on the undertakers
require them within twenty-eight days after the date the notice is served to
appoint a supervising engineer and to notify the Committee 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 Committee of that fact.
(5) References
in this Article to a construction engineer include an engineer acting under
Article 8 or 9.
ARTICLE 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 he is satisfied that the alteration has been completed and has been
efficiently executed.
(3) Where
a certificate is given under paragraph (2) the Committee 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
sub-paragraph (b) of paragraph (1) of Article 2 in relation to a large raised
reservoir.
ARTICLE 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 of this Law 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 Committee, 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 Committee may
by written notice served on the undertakers require them–
(i) within
twenty-eight 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
Committee 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 Committee or to the undertakers shall have effect as
at the time when the use of the reservoir as such is abandoned.
(6) Where
the Committee proposes to serve a notice under paragraph (4) requiring
undertakers to carry a recommendation into effect, it 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 III
ENFORCEMENT
ARTICLE 15
Reserve powers
(1) Where
undertakers are required by a notice from the Committee 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 Committee 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 him as if he had
been duly appointed by the undertakers.
(2) Where
undertakers are required by a notice from the Committee 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 Committee may cause the recommendation to be carried into effect under the
supervision of a qualified civil engineer appointed by it, who shall give a
certificate as soon as he is satisfied that the recommendation has been carried
into effect.
(3) Where
the Committee 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 Committee 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 Committee by reason of the appointment or,
as the case may be, in the exercise of those powers.
ARTICLE 16
Emergency powers
(1) Where
it appears to the Committee, 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, it may take at the
reservoir such measures as it considers proper to remove or reduce the risk or
to mitigate the effects of an escape.
(2) Where
it appears to the Committee, 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, it may
take there such measures as it considers proper to remove or reduce the risk or
to mitigate the effects of an escape.
(3) Where
the Committee proposes to exercise the powers conferred by this Article it
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 Committee.
(4) Subject
to paragraph (5), when the Committee exercises or proposes to exercise at a
reservoir the powers conferred by this Article it 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 Committee shall
notify the undertakers as early as practicable thereafter.
(5) Paragraph
(4) shall not require the Committee to serve any notice on the undertakers
after work is begun at the reservoir, if the Committee is unable after
reasonable enquiry to ascertain the name or address of the undertakers; and in
relation to notices served before work is begun paragraph (4) of Article 15
shall apply for the purposes of this Article as it applies for the purposes of
that.
(6) Where
the Committee exercises the powers conferred by this Article, the undertakers
shall pay it the amount of the expenses reasonably incurred by it 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 Committee or
to the undertakers shall have effect as at the time when the use of the
reservoir as such is abandoned.
ARTICLE 17
Powers of entry
(1) Subject
to the following provisions of this Article a person duly authorized by the
Committee 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 he has been appointed under
paragraph (1) of Article 15 to carry out, or any survey or other operation
needed for the purpose of a report that he has been appointed under paragraph
(1) of Article 15 to make;
(d) for any purpose
connected with the carrying into effect under paragraph (2) of Article 15 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 sub-paragraph (e) of paragraph (1), 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 Committee 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 sub-paragraph (e) of paragraph (1), a person may not under
this Article demand admission as of right to any land that is occupied, unless
at least seven 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 his 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 his authority before so entering and may take
with him 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.
ARTICLE 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 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 Committee 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 two arbitrators
one of whom shall be appointed by the Committee and the other by the person
claiming the compensation, save that if an arbitrator is not appointed by the
person claiming the compensation, then he shall be nominated by the Committee
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 them or him.
(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 Committee 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 IV
SUPPLEMENTARY
ARTICLE 19
Reference of
disputed recommendations to arbitrator
(1) Where
–
(a) an inspecting engineer
includes in his 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 his 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 he 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 he gives his 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.
ARTICLE 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 Committee, 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 Committee shall be delivered to the Committee 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 twenty-eight days after
he delivers it to the undertakers send a copy of it to the Committee.
(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 his 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 his reasons for
deferring the issue of his 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 paragraphs (2) to (4) of Article 6, paragraph
(2) of Article 9 or Article 11.
ARTICLE 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 Committee.
(2) A
notice under paragraph (1) shall be served not less than twenty-eight days
before any work on the construction or alteration of the reservoir is begun or,
if the case is within sub-paragraph (b) of paragraph (1) and the reservoir is
to be brought back into use without alteration, not less than twenty-eight 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 twenty-eight days notify the Committee 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 twenty-eight days notify the
Committee 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 twenty-eight days notify the Committee 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, paragraph (6) of Article 10 or Article 14 or appointed by the Committee
under paragraph (2) of Article 15 or paragraph (3) of Article 16, shall be
afforded by the undertakers all reasonable facilities for the effective
performance of his functions; and the undertakers shall furnish him –
(a) with the statutory
record required to be kept for the reservoir; and
(b) with copies of any
statutory certificates relating to the reservoir, with their annexes (if any);
and
(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 he may require.
(7) In
this Article, “statutory” refers to matters provided for by this
Law.
ARTICLE 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, paragraph (3) of Article
8, paragraphs (1) to (3) of Article 9, paragraph (1) or (6) of Article 10,
Article 11, paragraph (1) of Article 12, Article 13, or paragraph (1) or (2) of
Article 14 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 Committee 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 not exceeding level 4 on the standard
scale.
(2) If,
in the case of any large raised reservoir, the undertakers fail without
reasonable excuse to give the Committee in due time any notice required by this
Law to be given by them to the Committee, 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 paragraph (6) of Article 21 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 paragraph (6) of Article 21 a person makes use of any
document or furnishes any information or particulars which he 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, he shall
be guilty of an offence and liable to a fine not exceeding level 4 on the
standard scale.
(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, he 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 connexion with his
functions of management as if he were a director of the body corporate.
ARTICLE 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 V
MISCELLANEOUS AND FINAL PROVISIONS
ARTICLE 24
Notification to
the Committee of existing reservoirs
Where a large
raised reservoir has been constructed before, or is in course of construction
at, the commencement of this Law, the undertakers shall, not later than three
months after the date of that commencement, give to the Committee notice of the
situation of the reservoir and of the name and address of the undertakers.
ARTICLE 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 two years after that date, or if
the Committee is satisfied that special circumstances exist in any particular
case, within such longer period not exceeding five years after that date as the
Committee may specify.
(2) Paragraphs
(3) to (10) of Article 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.
ARTICLE 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 five years have elapsed since the
issue of a preliminary certificate for the reservoir or the addition to it, as
the case may be, paragraph (4) of Article 7 shall apply with the substitution
of a reference to the commencement of this Law for the reference to the end of
five 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
Committee; and if they fail to do so within six months after the date of the
commencement of this Law, Article 15 and paragraph (1) of Article 22 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 six months.
ARTICLE 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.
ARTICLE 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
him; or
(b) by leaving it at his
proper address; or
(c) by sending it by post
to him 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 12 of the Interpretation (Jersey) Law
1954 (meaning of service by post) 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 his last known address, except that –
(a) in the case of a
company or its secretary, clerk or other officer or person referred to in
sub-paragraph (a) of paragraph (3), 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
the Island or of a partnership carrying on business outside the Island shall be
their principal office within the Island.
(5) If
the person to be given or served with any document mentioned in paragraph (1)
has specified an address within the Island other than his proper address within
the meaning of paragraph (4) as the one at which he or someone on his 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 12 of the
Interpretation (Jersey) Law 1954 as his proper address.
ARTICLE 29
Orders
(1) The
Committee 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 Committee may
consider necessary or expedient.
(3) The
Subordinate Legislation (Jersey) Law 1960 shall apply to Orders made under
this Law.
ARTICLE 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.
ARTICLE 31
Short title and
commencement
(1) This
Law may be cited as the Reservoirs (Jersey) Law 1996.
(2) This
Law shall come into force on such day as the States may by Act appoint and
different days may be appointed for different purposes or for different
provisions of this Law.
(3) A
reference in any provision of this Law to its commencement shall be construed
for any purpose of that provision as a reference to the coming into force of
the provision for that purpose.
C.M. NEWCOMBE
Deputy Greffier
of the States