Drainage (Jersey) Law 2005: Amendment: Trade Effluent Consents: Law Drafting Instructions

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A decision made 24 May 2013:

Decision Reference: MD-T-2013-0053

Decision Summary Title :

Trade Effluent Consents – Proposed Amendment to Drainage (Jersey) Law 2005

Date of Decision Summary:

16 May 2013

Decision Summary Author:

Assistant Director

Drainage Infrastructure

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Trade Effluent Consents – Proposed Amendment to Drainage (Jersey) Law 2005

Date of Written Report:

16 May 2013

Written Report Author:

Assistant Director

Drainage Infrastructure

Written Report :

Public or Exempt?

Public

Subject: Drainage (Jersey) Law 2005 - proposed amendment (issue of Trade Effluent Consents).

Decision(s): The Minister agreed to instruct the Law Draftsman to draft a short amendment to the Drainage (Jersey) Law 2005.

Reason(s) for Decision: The proposed amendment to the Drainage (Jersey) Law 2005 will introduce both transparency and a control mechanism on the right of the Regulator to grant an authorisation to itself, in this case TTS, and is what is currently provided for in the Water Pollution (Jersey) Law 2000.

Resource Implications: It is anticipated that the total costs to draft this amendment will be of the order of £20,000 although some of these costs have already been paid for in previous years. There are no other resource implications.

Action required: Chief Officer to formally instruct the Law Draftsman to complete the drafting of the Drainage (Jersey) Law 2005 amendment.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

Drainage (Jersey) Law 2005: Amendment: Trade Effluent Consents: Law Drafting Instructions

TRANSPORT AND TECHNICAL SERVICES

TRADE EFFLUENT CONSENTS – PROPOSED AMENDMENT TO DRAINAGE

(JERSEY) LAW 2005

PURPOSE OF THE REPORT

To obtain Ministerial Approval to formally instruct the Law Draftsman to draft a short amendment to the Drainage (Jersey) Law 2005.

BACKGROUND

As a result of TTS having to tanker contaminated leachate from an open ash pit at La Collette to Bellozanne Sewage Treatment Works in November 2010, Deputy Rob Duhamel expressed disappointment that the department had not issued itself with a Trade Effluent Discharge Consent under Part 3 of the Drainage (Jersey) Law 2005, to carry out this work.

Whilst Deputy Duhamel’s concerns were addressed at the time, the incident raised a wider issue of the Transport and Technical Services Department internally issuing itself Trade Effluent Discharge Consents for its various operations at its Island sites, particularly La Collette, Bellozanne and the animal cremator at Trinity.

The environmental lawyer who assisted the department with the original drafting of the Drainage Law, Terry Williams, was consulted, and he confirmed that this was never raised as an issue at the time of the original drafting.

However, now that the query had been raised, Mr Williams confirmed that Part 3 of the Drainage Law which deals with Trade Effluent Consents, did not contemplate the issuing of ‘in-house’ consents but was drafted to address the issuing of Trade Effluent Consents to third party premises. Mr Williams further confirmed that the issuing of ‘in-house’ consents was generally not regarded as good practice and that TTS trade effluent operations should be covered by Trade Effluent Certificates.

The difference between Consents and Certificates is that all applications for Discharge Certificates have to be publicly advertised in the Jersey Gazette whereas Consents do not. There is no power to dispense with advertising and thus the public have a right to make representations in respect of all applications for Discharge Certificates. Furthermore, the Public can seek a “review” of the matter by the Royal Court.

In addition, the Attorney General can seek a Review by the Royal Court at any time and can also, if necessary, appeal against the decision of the Royal Court to the Court of Appeal.

This arrangement is designed to introduce both transparency and a control mechanism on the right of the Regulator to grant an authorisation to itself, in this case TTS, and is what is currently provided for in the Water Pollution (Jersey) Law 2000. It is therefore proposed that the Minister take the appropriate steps to make an amendment to the Drainage (Jersey) Law 2005 which will allow the issuing of Trade Effluent Discharge Certificates by TTS to itself.

DISCUSSION

Following a briefing on this issue to the Minister for Transport and Technical Services in April 2011, and confirmation from the Minister at that time that he wished to proceed with the Drainage Law amendment, Mr Williams prepared drafting instructions for the Law Draftsman who have subsequently prepared a draft Amendment for comment.

However, a formal instruction, in the form of a Ministerial Decision from the Minister for Transport and Technical Services, is now required for the Law Draftsman to finalise the amendment.

Once the final amendment is drafted, a further Ministerial Decision will be required to approve the amendment at which point the amendment will be Lodged for debate in the States Assembly. It is anticipated that the amendment will be lodged for debate in the Autumn.

RECOMMENDATION

The Minister is recommended to give his approval to proceed with the final drafting of this amendment to Part 3 of the Drainage (Jersey) Law 2005.

REASONS FOR DECISION

The proposed amendment to the Drainage (Jersey) Law 2005 will introduce both transparency and a control mechanism on the right of the Regulator to grant an authorisation to itself, in this case TTS, and is what is currently provided for in the Water Pollution (Jersey) Law 2000.

RESOURCE IMPLICATIONS

It is anticipated that the total costs to draft this amendment will be of the order of £20,000 although some of these costs have already been paid for in previous years. There are no other resource implications.

ACTION REQUIRED

Chief Officer to formally instruct the Law Draftsman to complete the drafting of the Drainage (Jersey) Law 2005 amendment.

Written by:	Senior Manager - Drainage Design & Technical Records

Approved by:	Director - Operational Services