Planning and Environment Department: Delegation of Statutory Powers

Information about the publication of Ministerial Decisions

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A decision made on 25 September 2015:

Decision Reference: MD-PE-2015-0055
Decision Summary Title:	Delegation of Statutory Powers		Date of Decision Summary:	08/09/2015
Decision Summary Author:	Land Controls and Planning Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Scheme of Delegation for the Minister of Planning and Environment		Date of Written Report:	8/09/2015
Written Report Author:	Land Controls and Planning Officer		Written Report : Public or Exempt?	Public
Subject: Delegation of Statutory Powers
Decision(s): The Minister to authorise delegated powers to the Waste and Water Management and Regulation Officer. For the Agricultural Land (Control of Sales and Leases) (Jersey) Law, 1974. Delegated powers are requested under – * Article 2 – The issuing of consents and permissions on agricultural land at the point of sale or leases using longstanding terms of reference. Decisions not within the terms of reference are referred to the Minister.
Reason(s) for Decision: To support and assist in the enforcement of the Agricultural Land (Control of Sales and Leases) (Jersey) Law, 1974 the Minister authorises delegated powers to the Waste and Water Management and Regulation Officer.
Resource Implications: None
Action required: The Minister to authorise delegated powers to the Waste and Water Management and Regulation Officer. Scheme of delegation to be updated.
Signature: Deputy S Luce		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Planning and Environment Department: Delegation of Statutory Powers

DEPARTMENT OF THE ENVIRONMENT

Scheme of Delegation for the Minister of Planning and Environment

Policy

The Agricultural Land (Control of Sales and Leases) (Jersey) Law, 1974

The Agricultural Land (Control of Sales and Leases) (Jersey) Law, 1974 was introduced to control the occupation and use of agricultural land and to ensure that a stable, viable agricultural land bank is retained for the farming industry. This particular issue was highlighted by Scrutiny and the farming industry during the preparation of the Rural Economy Strategy 2011 – 2015. However, various conditions can be imposed which permit use of agricultural land by non bone fide agriculturalists or smallholders under the 74 Law with the Minister’s consent, depending on the circumstances.

It is the policy of the land controls and agricultural developments section to assess each application for sale, gift or transfer of land and impose suitable conditions under the above law at the time.

The Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974 will be enforced through the Land Controls and Development Section, through routine monitoring of land use with appropriate action being taken where the law is not being complied with.

Background

Due to increased pressure on the agricultural land bank and to support and assist in the enforcement of the Agricultural Land (Control of Sales and Leases) (Jersey) Law, 1974 the Minister is being asked to give delegated powers to the Waste and Water Management and Regulation Officer under Article 2 of the above law

Delegated powers are requested under – * Article 2 – The issuing of consents and permissions on agricultural land at the point of sale or leases using longstanding terms of reference. Decisions not within the terms of reference are referred to the Minister.


Legislation	Agricultural Land (Control of Sales and Leases) (Jersey) Law, 1974
Delegate	Waste and Water Management and Regulation Officer
Functions Delegated	Article 2 -The issuing of consents and permissions on agricultural land at the point of sale or leases using longstanding terms of reference.
Scope of delegation	Decisions not within the terms of reference are referred to the Minister.

Recommendation

The Minister to authorise delegated powers to the Waste and Water Management and Regulation Officer

Written by:

Land Controls and Planning Officer

Approved by:

Director Environmental Management and Rural Economy