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Drainage (Jersey) Law 2005: Approval of: Policy Documents and Statutory Notices

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 19 August 2011:

Decision Reference: MD-T-2011-0085

Decision Summary Title :

Transport and Technical Services Drainage (Jersey) Law 2005 Policy Documents and Statutory Notices

Date of Decision Summary:

04th August 2011

Decision Summary Author:

 

Manager - Waste Compliance.

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Transport and Technical Services Drainage (Jersey) Law 2005 Policy Documents and Statutory Notices

Date of Written Report:

4th July04 August 2011

Written Report Author:

Manager – Waste Compliance

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Policy Documents and Statutory Notices relating to the Drainage (Jersey) Law 2005  – Transport and Technical Services – Approval for use.

 

Decision(s): 

The Minister approved the adoption of the the attached policy documents and Statutory Notices format for use within TTS.

 

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: None

 

Action required: 

Transport and Technical Services Department to adopt the policy documents and the format of the Statutory Notices. 

 

Signature:

 

 

Position:

 

 

Date Signed:

 

 

 

Date of Decision (If different from Date Signed):

 

 

Drainage (Jersey) Law 2005: Approval of: Policy Documents and Statutory Notices

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

 

 

Approved by: 

Ellen Littlechild – Acting Director Waste Management

 

 

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]

 

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

 

I:\Minister\2011\Ministerial Decisions\MD 0085 Drainage Law 2005 Policy Documents and Statutory Notices\WR Drainage Law 2005 Policy Documents and Statutory Notices.docL:\Liquid Waste Compliance\Drainage Law - Protocols\Final docs\Ministerial Decision - Report DrainLawPolStatNot 040811.docL:\Liquid Waste Compliance\Drainage Law - Protocols\Ministerial Decision - Report DrainLawPol+StatNot 270611.doc

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