Water Pollution (Amendment No. 2) (Jersey) Law 200-

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A decision made to approve the Report and Draft Water Pollution (Amendment No.2) (Jersey) Law 200-.

Subject:	Water Pollution (Amendment No.2)(Jersey) Law 200-
Decision Reference:	MD-PE-2006-0004	Exempt clause(s):		N/A
Type of Report (oral or written):	Written	Person Giving Report (if oral):		N/A
elephone or e-mail Meeting?	N/A	Report File ref:		ED\15\02\01
Written Report – Title:	Water Pollution (Amendment No.2)(Jersey) Law 200-	Written report – Author:		Chris Newton Director of Environment
Decision(s): Approve the Report and Draft Water Pollution (Amendment No.2)(Jersey) Law 200- for lodging 'au Greffe' for States Debate on 28th March 2006.
Reason(s) for decision: Substantive Amendments are needed to the Water Pollution (Jersey) Law 2000 in respect of the separation of functions assigned to Planning and Environment Minister and the Transport and Technical Services Minister that were previously jointly undertaken by the Environment and Public Services Committee. On transfer to Ministerial Government, the Planning and Environment Minister became the Regulator for the purposes of the Water Pollution (Jersey) Law 2000 and the Transport and Technical Services Minister became the Sewerage Undertaker.
Action required: Lodge the Report and Draft Water Pollution (Amendment No.2)(Jersey) Law 200- 'au Greffe' for States Debate on 28th March 2006.
Signature: (Minister/ Assistant Minister)			Date of Decision:

Water Pollution (Amendment No. 2) (Jersey) Law 200-

REPORT

Background

Prior to the change from Committee to Ministerial Government in December 2005, the Water Pollution (Jersey) Law 2000 was administered by the Environment & Public Services Committee. That Committee exercised both regulatory and operational functions; its principal operational function being that of the sewerage undertaker for the Island. When the Committee sought to make a discharge into controlled waters – that would otherwise be prohibited under the Water Pollution Law – the Committee was required to issue a discharge certificate in favour of itself; that discharge certification regime was subject to the publicity requirements under the Principal Law and review by the Royal Court on the application of (inter alia) the Attorney General.

In general terms, on the transfer to Ministerial Government, the Minister for Planning & Environment became the Regulator for the purposes of the Water Pollution Law and the Minister for Transport & Technical Services became the sewerage undertaker.

The Draft Law

Substantive Amendments are needed to the Water Pollution Law in respect of the separation of the functions assigned to the Minister for Planning & Environment and the Minister for Transport & Technical Services that were previously jointly undertaken by the Environment & Public Services Committee; the Draft Law contains those Amendments. In particular, it provides that discharges by the Minister for Transport & Technical Services will, in future, be subject to the discharge permit regime in the Principal Law (in the same way as discharges by private persons and bodies); the discharge permit regime is subject to the publicity provisions in the Principal Law (Article 10), rights of objections by third parties and appeals to the Royal Court (Article 44). Specifically, when it comes into force the Amendment Law will mean that –

 Any Minister (other than the Minister for Planning & Environment) who wishes to make a discharge into controlled waters will require a discharge permit from the Regulator, in the same way as a private person.

 Discharge certificates held by the Minister for Transport & Technical Services will be converted into discharge permits.

 In relation to the Minister for Planning & Environment, the discharge certification regime in the Principal Law (Article 26) will continue to apply to cases in which that Minister wishes to make discharges into controlled waters for operational purposes (such as in connection with the Minister’s management of a fish farm). However, this requirement will not apply to the Minister’s regulatory functions under the Water Pollution Law.

 Finally, the defence of due diligence in the Principal Law (Article 18 (4) ) will apply to the Minister for Transport & Technical Services as the sewerage undertaker, in the same way as it applies to all other Ministers and private persons.

Financial and Manpower Implications

The Draft Law when enacted will not have any financial or manpower implications for the States.

European Convention on Human Rights

Article 16 of the Human Rights (Jersey) Law 2000 will, when brought into force by Act of the States, require the Minister in charge of a Projet de Loi to make a statement about the compatibility of the provisions of the Projet with the Convention Rights (as defined by Article 1 of the Law). Although the Human Rights (Jersey) Law 2000 is not yet in force, on the 30 January 2006 the Minister for Planning & Environment made the following statement before the Second Reading of this Projet in the States Assembly –

In the view of the Minister for Planning & Environment the provisions of the Draft Water Pollution (Amendment No 2) (Jersey) Law 200- are compatible with the Convention Rights.