Water Pollution (Jersey) Law 2000: Part 3: Law drafting instructions

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A decision made 21 April 2016:

Decision Reference: MD-PE-2016-0061- ~~TBC~~
Decision Summary Title :		Part 3 of the Water Pollution (Jersey) Law 2000 – Law Drafting Instructions		Date of Decision Summary:	15 April 2016
Decision Summary Author:		Head of Water Resource Management & Regulation		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?		Written		Person Giving Oral Report:
Written Report Title :		Request for Law drafting - Water Pollution (Jersey) Law 2000 - Part 3		Date of Written Report:	15 April 2016
Written Report Author:		Head of Water Resource Management & Regulation		Written Report : Public or Exempt?	Public
Subject: Water Pollution (Jersey) Law 2000 – Part 3
Decision(s): The Minister decided to approve a law drafting request to provide appropriate subordinate legislation to enable the implementation of Part 3 of the Water Pollution (Jersey) Law, 2000 and make administrative changes to the primary legislation if required.
Reason(s) for Decision: To provide the necessary regulatory mechanisms to tackle diffuse pollution.
Resource Implications: The law drafting instructions are within currently forecasted budget and manpower
Action required: Head of Water Resource Management and Regulation to provide law drafting instructions.
Signature:			Position: Minister for the Environment
Date Signed:	Initials		Date of Decision (If different from Date Signed):

Water Pollution (Jersey) Law 2000: Part 3: Law drafting instructions

DEPARTMENT OF THE ENVIRONMENT

Request for Law drafting - Water Pollution (Jersey) Law 2000 - Part 3

Purpose of the Report

For the Minister to approve the development of appropriate law drafting instructions to enable the implementation of Part 3 of the Water Pollution (Jersey) Law, 2000. Part 3 of the Law was written to provide mechanisms for the prevention, control, reduction or elimination of pollution of “Controlled Waters” at a catchment level and was developed as a means of tackling pollution of a more general and diffuse nature.

Background

The Water Pollution (Jersey) Law 2000 (the Law) came into force in November of 2000.

Early implementation and enforcement of this law has focused on point source pollution issues and has resulted in significant improvements in water quality and environmental management in a number of areas and business sectors. However, the mechanisms which have driven these improvements are not suitable for regulating diffuse pollution effectively.

The Challenges for the Water Environment of Jersey report (2014) and the Draft Water Management for Jersey (April 2016) have identified nutrients (nitrate and phosphate) and pesticides as the key pressures on Jersey’s waters and these need to be tackled as a priority. The sources of these pressures are generally associated with land use (agriculture and amenity) and are diffuse in nature.

Article 12 of the Law enables the Minister, by Water Quality Order, to identify and classify controlled waters according to their lawful use and set objectives to be achieved in respect of their quality. Article 14 allows for the designation of Water Catchment Management Areas by Regulation and provides mechanisms (Water Catchment Management orders – Article 15) for the Minister to control and regulate activities within those areas to drive improvements in water quality.

The law drafting instructions will enable the development of subordinate legislation (Regulations and Orders) and may also include minor administrative changes to the primary legislation.

Discussion

Subordinate legislation is required to implement Part 3 of the Law and put in place a means of introducing appropriate measures and mechanisms to reduce diffuse pollution and underpin good environmental practice.

Recommendation

The Minister is recommended to instruct the Head of Water Resource Management & Regulation to provide law drafting instructions for changes to the existing primary legislation, new regulations and orders as required, in accordance with the Water Pollution (Jersey) Law 2000.

Written by:	Head of Water Resource Management & Regulation

Approved by:	Deputy Chief Officer, Department of the Environment

[File Ref]

Ministerial Decision ref: MD-PE-2016-0061~~XXXX~~

15 April 2016