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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Drainage (Jersey) Law 2005: Designation of Bel Royal Surface Water Pumping Station as a Flood Defence

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • 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

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 December 2012:

Decision Reference:  MD-T-2012-0095

Decision Summary Title :

Bel Royal Surface Water Pumping Station. Designation of Flood Defence of General Significance.

Date of Decision Summary:

27 November 2012

Decision Summary Author:

 

Assistant Director

Drainage Infrastructure

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 :

Bel Royal Surface Water Pumping Station. Designation of Flood Defence of General Significance.  Article 29 of the Drainage (Jersey) Law 2005.

Date of Written Report:

27 November 2012

Written Report Author:

Assistant Director

Drainage Infrastructure

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  The Designation of Bel Royal Surface Water Pumping Station as a Flood Defence of General Significance under Article 29 of the Drainage (Jersey) Law 2005.

Decision(s): The Minister agreed to instruct the Law Draftsman to draft an Order in accordance with Article 50 of the Drainage (Jersey) Law 2005 designating the surface water pumping station at Bel Royal as a flood defence of general significance as defined by Article 29 of the Drainage Law.

Reason(s) for Decision: Designation of the surface water pumping station at Bel Royal by TTS forms part of the planning agreement for the La Providence housing development at Bel Royal. Designation of the surface water pumping station facility will provide the Minister with the same rights of access for maintenance etc. as if the facility was on Public land.

Resource Implications: Increased Revenue costs to maintain the pump station but these are covered for the first 20 years of operation by payment of a commuted sum by the developer.

Action required: Chief Officer of TTS to instruct the Law Draftsman to draft an Article 50 Order to designate the pumping station at Bel Royal as a flood defence facility under Article 29 of the Drainage (Jersey) Law 2005.

Signature:

 

 

Position:

 

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

 

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