Jersey Law 12/1962

ROADS (DRAINAGE) (JERSEY) LAW, 1962.

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A LAW   to make further provision for the drainage of surface water from roads, sanctioned by Order of Her Majesty in Council of the

14th day of JUNE, 1962.

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(Registered on the 30th day of June, 1962).

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STATES OF JERSEY.

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The 18th day of January, 1962.

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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

In this Law –

“adjoining” includes abutting on;

“highway authority” and “road” have the same meanings as in the Roads Administration (Jersey) Law, 1960 ;1

“land” includes land covered by water ;

“owner” has the same meaning as in the Parish Rate (Administration) (Jersey) Law, 1946,2 as amended.3

ARTICLE 2

DRAINAGE OF ROADS

(1)           The highway authority may, for the purpose of draining a road administered by that authority or of otherwise preventing surface water from flowing on to it, do all or any of the following, that is to say –

(a)     construct or lay, in the road or in land adjoining or lying near to the road, such ditches, gutters, drains, watercourses, bridges, culverts, tunnels or pipes as it considers necessary ;

(b)     erect barriers in the road or in such land as aforesaid to divert surface water into or through any existing ditch, gutter, drain, watercourse, bridge, culvert, tunnel or pipe;

(c)     scour, cleanse and keep open all ditches, gutters, drains or watercourses situated in the road, or in such land as aforesaid.

(2)           Where injury is sustained by the owner or occupier of any land, not being waste or common land, by reason of the exercise by the highway authority of any of its powers under paragraph (1) of this Article, the authority shall be liable to make reasonable compensation to the injured person, and in the case of dispute the amount of the compensation shall be determined by arbitration.

(3)           If a person, without the consent of the highway authority, alters, obstructs or interferes with a ditch, gutter, drain, watercourse, bridge, culvert, tunnel, pipe or barrier which has been constructed, laid or erected by the authority in exercise of its powers under paragraph (1) of this Article, or which is under its control, the authority may carry out any work of repair or reinstatement necessitated by the action of that person and may recover from him as a civil debt the expenses reasonably incurred by it in so doing, and, without prejudice to the right to exercise that power, he shall be liable to a fine not exceeding three times the amount of those expenses.

ARTICLE 3

REPEAL

Article 17 of the “Loi (1914) sur la Voirie”,4 as amended5 is hereby repealed.

ARTICLE 4

CITATION

This Law may be cited as the Roads (Drainage) (Jersey) Law, 1962.

A.D. LE BROCQ,

Deputy Greffier of the States.