Water Pollution
(Amendment No. 3) (Jersey) Law 2017
A LAW to amend further the Water
Pollution (Jersey) Law 2000.
Adopted by the
States 14th March 2017
Sanctioned by
Order of Her Majesty in Council 3rd May 2017
Registered by the
Royal Court 12th
May 2017
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Water Pollution (Jersey) Law 2000
amended
The Water Pollution (Jersey) Law 2000[1] is amended in accordance
with the following provisions of this Law.
2 Article 1
amended
In Article 1(1) for the definitions “Water Catchment
Management Area” and “Water Catchment Management Order” there
shall be substituted the following definitions –
“ ‘Water Management Area’ means a geographical
area designated by a Water Management Order;
‘Water Management
Order’ means an Order made under Article 14(1)”.
3 Article 8
amended
For Article 8(2)(d) there shall be substituted the following
sub-paragraph –
“(d) Water Management Areas and
Water Management Orders;”.
4 Article 9
amended
In Article 9(2)(a) the word “Catchment” shall be
deleted.
5 Article 10
amended
In Article 10(1) after sub-paragraph (a) there shall be
inserted the following sub-paragraph –
“(aa) a proposal to make a Water Management
Order;”.
6 Article 13
amended
In Article 13(a) for the words “Articles 14, 15 and 16”
there shall be substituted the words “Articles 14 and 16”.
7 Articles 14
and 15 substituted
For Articles 14 and 15 there shall be substituted the following
Articles –
“14 Water
Management Orders
(1) The Minister may by an Order known as a
“Water Management Order” –
(a) designate all or any land in Jersey to be
part of one or more geographical areas for the purposes of this Law, to be known
as ‘Water Management Areas’; and
(b) impose in respect of –
(i) a
Water Management Area, or
(ii) any
part of such an Area,
restrictions and requirements
on business activities or operations for the prevention, control, reduction or
elimination of pollution in controlled waters or of the risk of pollution in
controlled waters.
(2) However, the restrictions and requirements that
the Minister may impose in a Water Management Order must consist of or relate
to any of the following –
(a) the importation, sale or purchase of fertilizers;
(b) the storage of fertilizers;
(c) measures concerned with or that implement the
planning, and management of the use of fertilizers;
(d) the calibration of equipment to be used for
the application of fertilizers;
(e) the application or use of fertilizers on
land, including the permitted concentration of fertilizers, the times of the
year when fertilizers may be used and any geographical, terrestrial or
meteorological conditions affecting their use;
(f) the establishing of protection zones
in the vicinity of controlled waters where the application or use of fertilizers
may be restricted or prohibited;
(g) soil management measures;
(h) the training of individuals involved in any
relevant matter;
(i) the keeping of adequate records to be
available for inspection by the Minister in relation to any relevant matter; or
(j) the making of returns to the Minister
in respect of any relevant matter.
(3) The States may by Regulations amend paragraph (2)
so as to amend any matter to which a restriction or requirement must consist of
or relate to.
(4) In this Article –
‘fertilizer’
means a chemical or natural substance that is added to soil to improve its
productivity;
‘relevant matter’
means a matter mentioned in paragraph (2)(a) to (g).
15 Contravention
of Water Management Orders
(1) A person who intentionally contravenes a
Water Management Order is guilty of an offence and liable to imprisonment for 2 years
and to a fine.
(2) Where a person is charged with an offence under
paragraph (1) it shall be a defence for the person to prove that he or she
took all reasonable precautions and exercised due diligence to avoid the
commission of the offence.
(3) For the purposes of paragraph (2) –
(a) the fact that a person conforms in a
material way to an approved code of practice is admissible as evidence that the
person is conducting himself or herself reasonably and with due diligence in
that way; and
(b) the fact that a person fails in a material
way to conform to an approved code of practice is admissible as evidence that the
person is not conducting himself or herself reasonably and with due diligence
in that way.”.
8 Article 45
amended
In Article 45 –
(a) for
paragraph (1)(a) there shall be substituted the following sub-paragraph –
“(a) any person with a proprietary
interest in any land suffers any loss by way of reduction in the value of the person’s
interest or by way of the disturbance of business carried on by the person on
that land, in consequence of a Water Management Order; or”;
(b) in paragraph (5)(b)
for the words “condition in respect of land by a Water Catchment
Management Order” there shall be substituted the words “restriction
or requirement in respect of land by a Water Management
Order”.
9 Citation
and commencement
This Law may be cited as the Water Pollution (Amendment No. 3)
(Jersey) Law 2017 and shall come into force on the 7th day after its
registration.
l.-m. hart
Deputy Greffier of the States