TRANSPORT AND TECHNICAL SERVICES
DRAINAGE (JERSEY) LAW 2005 – POLICY DOCUMENTS AND STATUTORY NOTICES
(Non- Exempt)
Purpose of the Report
To request the Minister’s approval of policy documents relating to the implementation of the Drainage (Jersey) Law 2005 and associated Statutory Notices, for appropriate distribution and use within Transport and Technical Services Operational Services Directorate.
Background
To allow for the effective and efficient implementation of the Drainage (Jersey) Law 2005, policy documents and Statutory Notices have been developed to aid those officers tasked with enforcement and administration thus providing a means by which the Law can be executed fairly, consistently and transparently.
Discussion
Since the Drainage (Jersey) Law came into force in 2005, there have been no formal policies, guidance or Statutory Notices in place for use by Officers within Transport and Technical Services, who are tasked with enforcing, regulating or administering its functions.
The attached attached documents, if approved, will provide officers with an Enforcement and Prosecution Policy, Internal Guidance for the Implementation of the Enforcement and Prosecution Policy, and a Departmental Policy relating to the Decision to Recommend Prosecution. In addition, standard Statutory Notices to Provide Information under Article 26, Undertake Works to Control Trade Effluent under Article 27 and Undertake Remedial Action under Article 35 of the Drainage (Jersey) Law 2005 have also been drafted.
All the above documents have been reviewed and approved by Mr Terry Williams, the lawyer who assisted with the drafting of the Drainage (Jersey) Law 2005.
Recommendation
The Minister is recommended to approve these documents and Statutory Notices for immediate adoption by Transport and Technical Services.
Reason(s) for Decision
To provide effective, efficient and consistent regulation, enforcement and administration of certain matters for which the Minister is responsible under the Drainage (Jersey) Law 2005.
Resource Implications
There are no resource implications.
Action Required
Transport and Technical Services to adopt the Following approval, department to adopt policies and the format of the Statutory Notices. format
Written by: | L Wagstaffe – Manager Waste Compliance
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Approved by: | Ellen Littlechild – Acting Director Waste Management
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Attachments: | Statutory Notice under Article 26 – Notice to Provide Information |
| Statutory Notice under Article 27 – Notice to Undertake Works to Control Trade Effluent |
| Statutory Notice under Article 35 – Notice to Undertake Remedial Action |
| The Department’s Policy relating to the Decision to Recommend Prosecution under the Drainage (Jersey) Law 2005 |
Endorsed by:
| Enforcement and Prosecution Policy – Drainage (Jersey) Law 2005 [If other department involved -Director’s name and Directorate]
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| Internal Guidance for the Implementation of the Enforcement and Prosecution Policies relating to the Drainage (Jersey) Law 2005 |
Attachments:
[To be listed]
Enforcement and Prosecution Policy – Drainage (Jersey) Law 2005
Internal Guidance for the Implementation of the Enforcement and Prosecution Policies relating to the Drainage (Jersey) Law 2005
The Department’s Policy relating to the Decision to Recommend Prosecution under the Drainage (Jersey) Law 2005
Statutory Notice under Article 26 – Notice to Provide Information
Statutory Notice under Article 27 – Notice to Undertake Works to Control Trade Effluent
Statutory Notice under Article 35 – Notice to Undertake Remedial Action
6/1/2
4th July August 2011
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