Amendments to the Water (Jersey) Law 1972.

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A decision made (10/12/2007) regarding: Amendments to the Water (Jersey) Law 1972.

Decision Reference: MD-PE-2007-0309
Decision Summary Title	Amendments to the Water (Jersey) Law 1972		Date of Decision Summary:	04/12/07
Decision Summary Author:	Chris Newton		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title	Amendments to the Water (Jersey) Law 1972		Date of Written Report:	04/12/2007
Written Report Author:	Chris Newton		Written Report : Public or Exempt?	Public
Subject: Amendments to the Water (Jersey) Law 1972
Decision(s): The Director of Environment was instructed to request that the law draftsman to prepare an amendment to the Water (Jersey) Law 1972 that explicitly allows the replacement and renewal of water pipes and apparatus on private land
Reason(s) for Decision: The current measures in the law are cumbersome and the changes will allow the Jersey Water company to more efficiently fulfil its objectives - consistent with the overall States objective of removing unnecessary red tape
Resource Implications: Nil
Action required: To instruct the Director of Environment to request that the law draftsman to prepare an amendment to the Water (Jersey) Law 1972 that explicitly allows the replacement and renewal of water pipes and apparatus on private land
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Amendments to the Water (Jersey) Law 1972.

PLANNING AND ENVIRONMENT DEPARTMENT

ENVIRONMENT DIVISION

Amendments to the Water (Jersey) Law 1972

(Public)

Purpose of the Report

To provide the Minister with the rationale for requesting an amendment to the Water (Jersey) Law 1972 in respect of Jersey water’s ability to carry out the replacement and renewal of its pipes and apparatus on private land.

Background

Jersey Water have been in discussion with the Director of Environment in respect of the difficulties that have experience in being required to serve notice on all the owners of private land when carrying out the replacement or renewal of pipe work. It was concluded after discussion with the Law Officers Department that to overcome these difficulties the law would need a minor amendment. The Chairman of Jersey Water wrote to the Minister on the 21 November to seek such a change to the law

Discussion

Whilst the Law under Article 3.8 provides for Jersey Water have “access thereto by its servants or agents at all reasonable times for the purpose of inspection, maintenance and repair” it is not clear if this can be construed to include the replacement and renewal of pipes and equipment. As many modern repairs are achieved by laying new pipes adjacent to existing ones and by upgrading equipment with modern equivalents e.g. a meter chamber rather than a valve box they are not specifically “like for like” and may be judged to be going beyond the meaning of “repair”. Having to notify all the owners and occupiers in a private road when, for instance, installing a meter chamber at the request of one property owner is a time consuming and unnecessary process. It is not consistent with the States policy of reducing red tape. The situation could be resolved very easily by a minor amendment to the law that adds the terms “replace or renew” to the permitted actions mentioned in article 3.8

Recommendation

To support Jersey Water’s request and to seek a minor amendment of the Law.

Written by:	Chris Newton

Ministerial Decision ref: MD-PE-2007-0309

4 December 2007

Attachment: Letter from David Norman, Chairman of Jersey Water