Minister for Planning and Environment

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (01.03.06) for the Minister to delegate his powers under certain pieces of legislation.

Subject:	Minister for Planning and Environment – Delegated Powers
Decision Reference:	MD-PE-2006-0020		Exempt clause(s):	n/a
Type of Report: (oral or written)	Oral		Person Giving Report (if oral):	Chris Newton Director of Environment
Telephone or e-mail Meeting?			Report File ref:
Written report – Title
Written report – Author (name and job title)
Decision(s): The Minister agreed, under Article 28 of the States of Jersey Law 2005, the delegation of his powers under the pieces of legislation as shown in the attached schedule.
Reason(s) for decision: The schedule agreed by the Minister on 23 December 2005 has been updated to reflect job title changes in the Environment Division of the Planning and Environment Department and to add the Assistant Minister to the following laws: Agricultural Marketing (Jersey) Law 1953 Pesticides (Jersey) Law 1991 Plant Health (Jersey) Law 2003 Water Pollution (Jersey) Law 2000 Weeds (Jersey) Law 1961
Action required: Director of Environment to notify the Greffier of the States.
Signature: (Minister/ Assistant Minister)		Date of Decision:

Minister for Planning and Environment - delegated powers

Law

Detail / Involves

Delegated powers to whom

Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974

· Issuing of consents and permissions (Article 2)

· All decisions that follow policy and terms of reference (Article 2)

· Appeals (Article 6) and contentious applications - process to be decided

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Statutory Services Officer

· Countryside Manager

Agricultural Marketing (Jersey) Law 1953

Subordinate

· Export of Agricultural Produce (Jersey) Order 1972

· Potatoes (Precautions against Blight) (Jersey) Order 1961

· Export of Flowers (Jersey) Order 1972

· Administration of all subordinate legislation

· Assistant Minister

·Chief Executive Officer

· Director of Environment

· Assistant Director – Environmental Protection

· Senior Scientific Advisor

For the purposes of administration and enforcement

· Head of Agricultural Inspection

· Inspectors (4)

Agricultural Returns (Jersey) Law 1947

· Collecting and collating agriculture and fisheries statistics (Article 2)

· Assistant Minister

· Chief Executive Officer

· Director of Environment

Animals (Trapping)(Jersey) Law 1961

Subordinate

· Spring Traps (Approval) (Jersey) Order 1996

· Small Ground Vermin Traps (Jersey) Order 1961

· To define approved traps.

· To regulate and enforce their appropriate use

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· Principal Ecologist

Animal Welfare (Jersey) Law 2005

(Awaiting appointed day)

· Responsibility will be delegated to the States Veterinary Officer, (or his Deputy) who during the course of his duties will be empowered to make decisions.

· The SVO in turn will delegate certain functions to other staff and will use other expertise at his discretion.

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· States Veterinary Officer

Artificial Insemination of Domestic Animals (Jersey) Law 1952.

(A replacement law has been drafted entitled the Artificial Breeding of Domestic Animals (Jersey) law 200- but has currently been deferred).

Subordinate

·Artificial Insemination of Domestic Animals (Jersey) Order 1952

· Licenses to those wishing to perform artificial insemination on any female domestic animal and also to those who wish to collect, store, distribute or sell the semen from any male domestic animal (Article 2).

· Licences to persons wishing to import (other than cattle) or export the embryos, ova or semen of domestic animals and to export (including cattle) as above (Article 3)

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· States Veterinary Officer

Conservation of Wildlife (Jersey) Law 2000

· Licensing system (Article 16) to allow activities normally prohibited by Articles 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15

· Enforcement activities (Article 18)

· Assistant Minister

· Chief Executive Officer

· Principal Ecologist

· Research Ecologist

Dangerous Wild Animals (Jersey) Law 1999

· Licencing requirement to keep an scheduled animal (Article 3)

· Administration of this law is delegated to the States Veterinary Officer who will seek advice at his discretion

(Note Only one licence has been issued under the law)

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· States Veterinary Officer

Diseases of Animals (Jersey) Law 1956

Subordinate

· Diseases of Animals (Importation of Miscellaneous Goods)(Jersey) Order 1958

· Diseases of Animals (Approved Disinfectants) (Jersey) Order 1958

· Diseases of Animals (Importation of live fish) (Jersey) Order 1984

· Importation of Equine Animals (Jersey) Order 1958

· Importation of Horses (African Horse Sickness) (Prohibition) (Jersey) Order 1961

· Bee Diseases Control (Jersey) Order 1992

· Importation of Bees (Jersey) Order 1979

· Diseases of Animals (Miscellaneous Provisions) (Jersey) Order 1958

· Poultry Game and Hatching Eggs (Importation) (Jersey)Order 1958

· Export Quarantine Stations (Regulation)(Jersey) Order1958

· Foot and Mouth Disease (Sera and Glandular Products)(Jersey) Order 1958

· Diseases of Animals (Therapeutic Substances)(Jersey) Order 1958

· Diseases of Animals (Waste Foods) (Jersey) Order 1958

· Diseases of Animals (Welfare in Transit)(Jersey) Order 2000

· Rabies (Jersey) Order 1958

· Rabies (Control) (Jersey) Order 1976

· Rabies (Importation of Dogs, Cats, and other Mammals (Jersey) Order 1976

· Diseases of Animals (Rabies) (Jersey) Law 1976

· Pet Travel Scheme (Jersey) Order 2003

· The SVO has delegated powers under all Orders and is empowered to perform all duties relating to veterinary matters (Article 2,3,4,5,6,7)

· Licenses are issued under delegated powers.

· The Minister is advised of the outbreak of any notifiable disease.

Notifiable disease orders

Anthrax (Jersey) Order 1958

Aujeszky’s Disease (Jersey) Order 1984

Avian Influenza (Jersey) Order 2005

Foul Brood Diseases of Bees (Jersey) Order 1958

Bovine Spongiform Encephalopathy (Jersey) Order 1988

Cattle Plague (Jersey) Order 1958

Contagious Abortion (Jersey) Order 1958

Enzootic Bovine Leucosis Disease (Jersey) Order 1984

Epizootic Lymphangitis (Jersey) Order 1958

Foot and Mouth Disease (Jersey) Order 1958

Fowl Pest (Jersey) Order 1958

Fowl Typhoid (Jersey) Order 1959

Glanders or Farcy (Jersey) Order 1958

Virus Hepatitus (Jersey) Order 1958

Parasitic Mange (Jersey) Order 1958

Pleuro-Pneumonia (Jersey) Order 1958

Psittacosis (Jersey) Order 1958

Sheep-pox (Jersey) Order 1958

Sheep Scab (Jersey) Order 1958

Swine Fever (Jersey) Order 1958

Swine Vesicular Disease (Jersey) Order 1974

Teschen Disease (Jersey) Order 1975

Tuberculosis (Jersey) Order 1958

Warble Fly (Jersey) Order 1984

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· States Veterinary Officer

European Communities Legislation (Implementation) (Jersey) Law 1996

Subordinate

· Fish Health (Jersey) Regulations 1999

animals and aquaculture products in order to prevent the spread of disease.

· Regulation, enforcement and inspections are carried out by States Veterinary Officer or his/her assistants.

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· States Veterinary Officer

· Cattle Identification (Jersey) Regulations 2002

· To ensure the correct form and application of prescribed cattle eartags; the recording of cattle movements and the passporting of certain animals.

· Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· States Veterinary Officer

Fertilisers and Feeding Stuffs (Jersey) Law 1950

Subordinate

· Fertilizers and Feeding stuffs (Jersey) Order 1972

· A Law to make provision with respect to the sale of fertilizers and feeding stuffs in the Island.

· Administration is carried out at Officer level

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· States Veterinary Officer

Food and Environmental Protection Act 1985 (Jersey)

Subordinate

· Food and Environmental Protection Act 1985 (Jersey) orders 1987

Food and Environmental Protection Act 1985 (Jersey) orders 1997

· To authorise the issue of licences for the deposit of substances at sea (Article 5 of 1987 order) e.g. dredge spoil from maintenance dredging of the harbours, burials at sea.

· Detailed protocols establish the procedures and fees for each class of deposit together with lists of compulsory consultees.

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources

Pesticides (Jersey) Law 1991

Subordinate

· Pesticides (Maximum Residue Levels in Food) (Jersey) Order 1991

· Pesticides (General Provisions) (Jersey) Order 1991

· To regulate the use of pesticides specified by order (Article 4, 5, 6 &7)

· Enforcement and administration is carried out by inspectors (Article 8, 9, 10, 11 & 12)

· Assistant Minister

·Chief Executive Officer

· Director of Environment

· Senior Scientific Advisor

· Assistant Director – Environmental Protection

For the purposes of enforcement

· Head of Agricultural Inspection

· Agricultural – Environmental Specialist

· Inspectors (4)

Island Planning (Jersey) Law 1964

· Permission to carry out activities on SSI land (Article 12).

· Permission to allow use of public land by Clubs and Associations e.g. By the Jersey Rifle Club, who close Les Landes SSI 6 times annually for firing purposes.

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Countryside Manager

Plant Health (Jersey) Law 2003

Subordinate

· Stem and Bulb Eelworm (Jersey) Order 2000

· Blight Disease (Jersey) Order 1982

· Plant Health Order 2003

· Issuance of plant passports - Article 18 of the Plant Health Order

· Registration of growers, propagators or traders (Article 19 of the Plant Health Order) and keeping of the register (Article 20 of the Plant Health Order)

· Inspection functions – Articles 24-31 of the Plant Health Order

· Issuance of licences - Article 34 of the Plant Health Order

Outbreaks of notifiable diseases are reported to Minister

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· Senior Scientific Advisor

· Assistant Director – Environmental Protection

For the purposes of enforcement / Inspection

· Head of Agricultural Inspection

· Inspectors (4)

Protection of Agricultural Land (Jersey) Law 1964

· Issuing of consents and permissions

· All decisions that follow policy and terms of reference.

· Appeals and contentious applications - process to be decided.

(Note : Very little used, but administered at officer level)

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Statutory Services Officer

· Countryside Manager

Sea Fisheries (Jersey) Law 1994

· Subordinate

· To approve applications for exemptions for scientific purposes or the transplanting of fish (Article 5)

· To approve applications for exemptions for mariculture (Article 11)

· To approve conditions to be included in licences (Article 12)

· To decide what information is required to be provided by licence/permit holders (Article 12)

· Where a licence is suspended or revoked, to decide whether to authorise repayment of the licence fee (Article 13)

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources

· Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1998 as amended

· To decide on applications for exemption from restrictions on Ormers where the applicant wishes to conduct scientific work or transplanting (Article 4).

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources

· Sea Fisheries (Inshore Trawling, netting and dredging)(Jersey) Regulations 2001

· To approve exemptions for beach set nets to be set in areas where they would otherwise be prohibited.

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources

· Sea Fisheries (Licensing of Fishing boats)(Jersey) Regulations (2003)

· To authorise the issue of licences and permits (Article 2).

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources

· Sea Fisheries (Underwater Fishing ) (Jersey ) Regulations 2003

· To authorise certain scientific or transplanting activities (Article 2).

· To authorise the issuing of permits, fishing periods, and the provision of statistics (Article 3).

· Assistant Minister

·Chief Executive Officer

·Director Of Environment

·Head of Fisheries & Marine Resources

Slaughter of Animals (Jersey) Law 1962

· The SVO issues slaughterers licenses under delegated powers (Article 4)

· The slaughterhouse is supervised by the Superintendent (Article 2)

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· States Veterinary Officer

Veterinary surgeons (Jersey) Law 1999

· Legal provision only to regulate the practice of veterinary surgery in the island

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· States Veterinary Officer

Water Pollution (Jersey) Law 2000

· Publishing of notices and consultation before considering applications relating to Discharge Permits (Article 10)

· Article 19(1) (with the exception of reference to Discharge Permits)

· Consideration of Discharge Permits (Article 21)

· Conditions attached to Discharge permits (Article 22)

· Procedure for varying or revoking Discharge Permits (Article 23)

· Procedure for suspension of Discharge Permits (Article 24)

· Consideration of transfer of Discharge permits (Article 25)

· Procedure for notification of decisions relating to Discharge Permits (Article 27; with the exception of (1)(c))

· For the purposes of enforcement (Article 29)

· Access to documents relevant to Law (Article 34)

· Require information relating to potentially polluting matter (Article 35)

· Require precautions to be taken to prevent pollution (Article 36)

· require polluters to eliminate and remediate pollution (Article 37)

· Procedure to be adopted in respect of Articles 37-37 (Article 38)

· Enables Department to take remedial action in respect of Articles 36 & 37 (Article 39 (1))

· Transitional provisions in respect of Discharge Permits (Schedule 5)

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· Assistant Director – Environmental Protection

In addition for enforcement (Article 29)

Environmental Protection Officer (5)

· Head of Waste Regulation

· Agricultural – Environmental Specialist

· Environmental Protection Assistant

· Environmental Protection Support Officer

· Head of Fisheries and Marine Resources

· Senior Fisheries Inspector

· Fisheries Officer – Research and Development

Water (Jersey) Law 1972

· Jersey Water must provide ‘wholesome water’ (Article 9)

· Enforcement of standards are performed by officers

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· Assistant Director – Environmental Protection

For the purposes of enforcement

· Environmental Protection Officer (5)

· Environmental Protection Support Officer

Weeds (Jersey) Law 1961

to prevent the spreading of injurious weeds(Article 2) performed by the Inspectorate

· Assistant Minister

· Chief Executive Officer

· Director of Environment

· Senior Scientific Advisor

*In addition for enforcement

· Assistant Director – Environmental Protection

· Head of Agricultural Inspection

· Inspectors (4)