Flood Defences designated as of general significance under Article 29 of the Drainage (Jersey) Law 2005

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A decision made 20 December 2013:

Decision Reference: MD-T-2013-0102

Decision Summary Title :

Designation of Flood Defences of General Significance – Article 29 of the Drainage (Jersey) Law 2005

Date of Decision Summary:

18 November 2013

Decision Summary Author:

Assistant Director Drainage Infrastructure

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Designation of Flood Defences of General Significance – Article 29 of the Drainage (Jersey) Law 2005

Date of Written Report:

18 November 2013

Written Report Author:

Assistant Director Drainage Infrastructure

Written Report :

Public or Exempt?

Public

Subject: Ministerial authorisation to Designate certain flood defences of general significance under Article 29 of the Drainage (Jersey) Law 2005.

Decision(s): The Minister approved the Designation of certain flood defences of general significance under Article 29 of the Drainage (Jersey) Law 2005.

Reason(s) for Decision: Designation of the scheduled watercourses and flood defence works will provide the Minister with the same rights of access for maintenance, etc. and protection as if the facility was on Public land.

Resource Implications: None

Action required: Chief Officer to instruct the Law Draftsman to draft an Article 50 Order to designate the scheduled watercourses and flood defence works as flood defence facilities of general significance under Article 29 of the Drainage (Jersey) Law 2005.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

Flood Defences designated as of general significance under Article 29 of the Drainage (Jersey) Law 2005

TRANSPORT AND TECHNICAL SERVICES

DESIGNATION OF FLOOD DEFENCES OF GENERAL SIGNIFICANCE

ARTICLE 29 OF THE DRAINAGE (JERSEY) LAW 2005

Purpose of the Report

For the Minister to authorise under Article 29 of the Drainage (Jersey) Law 2005, the designation of certain watercourses and flood defence works so that they become a flood defence of general significance as defined by Article 29.

Background

The introduction of the Drainage (Jersey) Law 2005 included a provision for the Minister to designate certain flood defence works as flood defences of general significance under Article 29 of that Law.

The designation process gives the Minister an element of control over those facilities that are designated for the purposes of access and maintenance, particularly those facilities that are on private land, and helps to ensure that the risk of flooding is minimised.

Designation provides the Minister with the following rights under Article 29:

(a) the right to have access to the watercourse or flood defence works at all reasonable times;

(b) the right to maintain or alter the watercourse or flood defence works;

(c) the right, for the purposes of maintaining the watercourse or flood defence works, to erect any machinery on or adjacent to the facility, or to do anything else that is reasonably necessary for or incidental to those purposes;

(d) the right to appropriate and dispose of any matter removed in the course of the carrying out of any maintenance by way of dredging, deepening, widening, straightening, raising or diverting the watercourse or flood defence works; and

(e) the right, in the case of a watercourse, in any reasonable manner to deposit any matter so removed on the banks of that watercourse.

In effect, designation gives the Minister the same rights of access for maintenance etc. as if the facility was on Public land.

Once designated, it also ensures that no person can carry out any work or make any alteration to the facility without the permission of the Minister, or construct any structure or apparatus on, over or within 5m of the designated facility. For this reason, some facilities already in Public ownership, such as surface water pumping stations, are also to be designated.

Designation is also to include coastal defence facilities, such as sea walls, as well as inland watercourse facilities.

Discussion

Designation under Article 29 of the Drainage Law requires the Minister for Transport and Technical Services to authorise the Law Draftsman, via a Ministerial Decision, to draft an Order under Article 50 of the Drainage Law, designating the watercourse or flood defence works as a flood defence facility of general significance.

As well as a Ministerial Decision, law drafting instructions are also required and these have been prepared by the Environmental Lawyer who assisted with the original drafting of the Drainage (Jersey) Law 2005.

Those watercourses, inland flood defence facilities and coastal protection structures that are to be designated have been incorporated into Schedules, location maps and photographs for ease of reference. These have been reviewed the Environmental Lawyer and approved, and the Minister has been briefed on their content.

Recommendation

The Minister is recommended to instruct the Law Draftsman, via Ministerial Decision, to draft an Order in accordance with Article 50 of the Drainage (Jersey) Law 2005 designating the flood defence works listed in the Schedules as flood defences of general significance as defined by Article 29 of the Drainage Law.

Reason(s) for Decision

Designation of the watercourses and flood defence works listed in the Schedules will provide the Minister with the same rights of access for maintenance etc. and protection as if the facility was on Public land, and will ensure that the risk of flooding is minimised.

Resource Implications

None.

Action Required

Chief Officer of TTS to instruct the Law Draftsman to draft an Article 50 Order to designate the watercourses and flood defence works listed in the Schedules as flood defence facilities of general significance under Article 29 of the Drainage (Jersey) Law 2005.

Written by:	Senior Manager - Drainage Design & Technical Records

Approved by:	Director of Operations