Government of Jersey

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A decision made (06/04/2009) regarding: Water Catchment Management Project - request for sharing of land use information.

Decision Reference: MD-PE-2009-0066
Decision Summary Title	Water Catchment Management Project – request for sharing of land use information		Date of Decision Summary:	01/04/09
Decision Summary Author:	Environmental Protection Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title	Water Catchment Management Project – request for sharing of land use information		Date of Written Report:	01/04/09
Written Report Author:	Environmental Protection Officer		Written Report : Public or Exempt?	Public
Subject: Water Catchment Management Project – request for sharing of land use information
Decision(s): Approve the rationale behind the request by the Planning and Environment Department to use land-use data collected and held by Economic Development. Request that the Minister for Economic Development authorises the data sharing, as detailed in the accompanying report.
Reason(s) for Decision: The Planning and Environment Department is introducing a voluntary pilot scheme (the Water Catchment Management Scheme, consistent with the aims of the EU Water Framework Directive) in order to raise awareness of diffuse pollution from agriculture and provide advice and assistance to farmers and land owners in implementing control measures for diffuse water pollution. Land-use information is a basic requirement of this scheme. Land-use information can be acquired in a number of ways some of which may be laborious and costly. The data is already collected and stored in a user-friendly format by Economic Development (Rural Economy) for the purposes of the ‘Single Area Payment’ subsidy. It is proposed that the data be obtained from this source to avoid duplication of effort.
Resource Implications: None
Action required: Request that the Minister for Economic Development signs a Ministerial Decision authorising the data sharing, as detailed in this report.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Water Catchment Management Project - request for sharing of land use information.

PLANNING AND ENVIRONMENT DEPARTMENT

ENVIRONMENT DIVISION

Water Catchment Management project – request for sharing of land use information

(Public)

Purpose of the Report

The Minister for Planning and Environment (The Minister) is requested to:

Approve the rationale behind the request by the Planning and Environment Department to use land use data collected and held by Economic Development.

Request that the Minister for Economic Development authorises the data sharing, as detailed in this report.

Background

The Economic Development collect land-use information (for example field use) from farmers and land-owners in order to assess their eligibility for a subsidy called the ‘Single Area Payment’. This information is held on a database.

The Planning and Environment Department also needs to acquire land-use information in order to inform a Water Catchment Management Pilot Scheme that is being established to:

Assess the impact on water quality that a series of identified changes in land management and use can achieve;
Investigate the practicalities and costs of undertaking such changes;
Develop knowledge and working relationships necessary for subsequent island-wide implementation.

The information that is submitted to Economic Development to obtain the subsidy is:

Size of the area (Vergees);
Field number;
Main Crop in any given year;
Farmer's name and address.

The information will be used subsequently by the Planning and Environment Department to:

Identify who is farming a given area;
Identify what crops are being farmed (what impact on water quality might there be/ what changes might be beneficial);
Make a land-use GIS layer.

The Data Protection Commissioner has been consulted on these proposals.

Discussion

Importance of the Water Catchment Management Scheme:

The Water Pollution (Jersey) Law, 2000 (WP(J)L, 2000 ) has been in force for eight years. This has made it, amongst other offences, a statutory offence to ‘cause or knowingly permit pollution of controlled waters’ (Article 17).

The WP(J)L, 2000 provides a framework for responding to and investigating pollution incidents and initiating remedial action. These mechanisms predominantly enable a response to ‘point source pollution’, which may be defined as ‘pollution that can be traced back to a single source, e.g. a sewage treatment plant discharge’ (EA Website, 2008).

However, ‘diffuse water pollution’ is also a significant problem. Diffuse water pollution is caused by the collective impacts of land-use activities, e.g. agriculture and forestry. It can severely damage the ecology of watercourses and reduce the amenity and recreational value of water systems.

In Jersey, the link between diffuse pollution from agriculture and high nitrate concentrations in surface and groundwater has been established. A number of reports on these issues have been published.

Under Articles 12, 14 and 15 of the WP(J)L, 2000 there is a legal mechanism in place to facilitate control of diffuse pollution of Jersey’s water resources. However, there are disadvantages (principally cost) of resorting to statutory measures to make changes in land-use. It is therefore intended to introduce a voluntary scheme (the Water Catchment Management Pilot Scheme) in order to raise awareness and provide advice and assistance to farmers to implement on farm control measures that will limit water pollution from diffuse sources.

The Water Catchment Management Pilot Scheme is consistent with the aims of the EU Water Framework Directive. The Water Framework Directive is being implemented across Europe in order to protect and improve the quality of groundwater, surfacewater and coastal water and the ecosystems that are dependent on them.

States and Departmental Policy Drivers:

1. Draft States Strategic Plan 2009 - 2014 Theme 3: Environment

Aim

Activity

To safeguard the Island’s natural resources.

Land
Water
Air

Implement a pilot catchment scheme to tackle nitrate and other diffuse pollution in line with the European Water Framework Directive.

2. Memorandum of Understanding between Jersey Water and the Minister for Planning and Environment and ‘derogations’ under the Jersey Water Law, 1972

Under the Water (Jersey) Law, 1972, 33% of routine samples of the drinking water supply in any one year are permitted to exceed the 50mg/l limit (but no greater than 70 mg/l). This dispensation is a direct consequence of the high levels of Nitrate (NO3) in local waters.

This dispensation has been extended for a further five year period (2009-2013). The Minister for Health and Social Services has advised that this dispensation can not continue indefinitely and that progress should be made on tackling catchment inputs of nitrogen.

In addition, the Memorandum of Understanding between Jersey Water and the Minister for Planning and Environment now specifically makes the undertaking that:

“It is recognised by The Minister, in relation to The Company's said obligations to supply wholesome water that the possible designation of Water Catchment Management Areas (WCMAs) pursuant to the provisions of Articles 14 – 15 of the Water Pollution (Jersey) Law 2000 ("The Water Pollution Law") should continue to be investigated. The aim of which shall be to improve the quality of water resources and protect the aquatic environment”;

And

“The Minister for Planning & Environment shall undertake scientific research, investigations and field trials to determine the benefits or otherwise on the improvement and protection of the water resources and the aquatic environment that the implementation of WCMA’s in Jersey would bring. At the completion of the research, investigations and field trials, a report shall be produced by officers containing recommendations for the future implementation of WCMA’s in Jersey and the likely contribution they would make toward the improvement and protection of the water resources and the aquatic environment.

3. Recent Relevant Ministerial Decisions:

MD-PE-2008-0189 Memorandum of Understanding between The Jersey Water New Waterworks Company Limited and The Minister for Planning and Environment

MD-PE-2008-0248 Dispensation for water quality parameters granted under Article 13(1) of The Water Jersey Law 1972 as Amended.

Conclusion

The Department is introducing a voluntary pilot scheme (the Water Catchment Management Pilot Scheme) in order to raise awareness of diffuse pollution from agriculture and provide advice and assistance to farmers in implementing diffuse water pollution control measures.

Land-use information is a basic requirement of this scheme. Land-use information can be acquired in a number of ways some of which may be laborious and costly, involving replication of effort. The data is already collected and stored in a user-friendly format by Rural Economy, Economic Development and it is proposed that it should be obtained from this source.

Recommendation

Approve the rationale behind the request by the Planning and Environment Department to use data collected and held by Economic Development.

Request that the Minister for Economic Development signs a Ministerial Decision authorising the data sharing, as detailed in this report.

Written by: Environmental Protection Officer.

Approved by: [Director’s name and Directorate]

Endorsed by: [If other department involved -Director’s name and Directorate]

Ministerial Decision ref: MD-PE-2009-0066

01/04/09