Approve the Water Resources (Registration) Order 200-.

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A decision made (05/12/2008) regarding: Approve the Water Resources (Registration) Order 200-.

Decision Reference: MD–PE–2008-0264
Decision Summary Title	Approve the Water Resources (Registration) Order 200-		Date of Decision Summary:	1/12/2008
Decision Summary Author:	Colin Cheney		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title	Approve the Water Resources (Registration) Order 200-		Date of Written Report:	1/12/2008
Written Report Author:	Colin Cheney Hydrogeologist		Written Report : Public or Exempt?	Public
Subject: Approve the Water Resources (Registration) Order 200-.
Decision(s): The Minister made the Water Resources (Registration) Order 2008.
Reason(s) for Decision: To bring into effect the registration of abstractions of water that are exempted from the restrictions contained in Article 11 of the Water Resources (Jersey) Law 2007 by the provisions contained in Article 12(1)(b), (c) and (d) of the Law.
Resource Implications: None
Action required: Signed and sealed Order to be forwarded to the States Greffe without delay.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Approve the Water Resources (Registration) Order 200-.

PLANNING AND ENVIRONMENT

WATER RESOURCES (REGISTRATION)(JERSEY) ORDER 200-

Public Item

Purpose of the Report

The purpose of this report is to request that the Minister for Planning and Environment approve the Water Resources (Registration) (Jersey) Order 200-.

Background

Article 11 of the Water Resources (Jersey) Law 2007 (The Law) states that a person shall not cause or knowingly permit the abstracting of water from a source of supply or the impounding of water in a source of supply. The sub-paragraphs of Article 12(1) detail exemptions for which that restriction does not apply. However, Article 12(2) states that the exemption detailed in sub-paragraphs (b), (c) and (d) only applies if the abstracting or impounding is registered in the prescribed manner. The abstracting and impounding activities that are subject to registration as specified in the sub-paragraphs of Article 12(1) are as follows;

12(1)(b) the abstracting of groundwater not exceeding in the agregate15 cubic metres in any period of 24 hours

12(1)(c) the abstracting of water for the domestic purposes of a household

12(1)(d) the abstracting or impounding of water, as far as is reasonably necessary to prevent interference with or damage to any civil engineering works or construction works.

Article 12(7)(a) of the Law specifies that the regulator may by Order prescribe the manner in which registration for the purposes in sub-paragraphs (b), (c) and (d) may be effected. Subsequent sub-paragraphs specify a number of other items that may be prescribed by Order, such as the time within which registration is to be effected, the person responsible for applying, information to be provided when applying for a registration and information to be provided periodically to the regulator in respect of the registered abstraction of water.

The Appointed Day for the Law will be 1st January 2009 and in consequence licences and registrations to abstract water will subsequently come into force on 1st January 2010, as required under Article 54(3) of the Law. It will therefore be necessary to make an Order to permit the registration of water abstractions to also come into force on 1st January 2009, in order that applications to register the abstraction of water can be made in a similar manner to applications for licences to abstract water.

Discussion

There are thought to be at least 3000 and possibly as many as 5000 water sources from which water is currently abstracted that will qualify for exemption from licensing requirements under Article 12 (1)(b), (c) and (d). Applications for all such abstractions will have to be submitted, assessed and registrations granted during 2009 in order that the registrations can come into force on 1st January 2010, in the same manner as licences to abstract water.

There will be no charge to register an abstraction of water from a source of supply

Conclusion

It is necessary to bring this Order into force on the same day as the Water Resources (Jersey) Law 2007 on 1st January 2009.

Recommendation

That the Minister approves the Water Resources (Licence Charges) Order 2008 to come into force on the 1st January 2009.

Written by:	Colin Cheney - Hydrogeologist

Approved by:	Chris Newton – Director of Environment

Attachments:

Water Resources (Resources) (Jersey) Order 200-

Decision Summary reference: MD-PE-2008-0264

Date: 1 December 2008

H:\cheneyc\Water Law\Ministerial decisions & Orders\Registration Order\SD Environ MD-PE-2008-xxxx Approve Water Resources (Registration) Order.doc