Approval of Water Resources (Charges) (Jersey) Order 2009.

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A decision made (14/09/2009) regarding: Approval of Water Resources (Charges) (Jersey) Order 2009.

Decision Reference: MD-PE-2009-0150
Decision Summary Title	Approve Water Resources (Charges)(Jersey) Order 2009		Date of Decision Summary:	09-09-2009
Decision Summary Author :	Hydrogeologist		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title:	Approve the Water Resources (Charges)(Jersey) Order 2009		Date of Written Report:	09-09-2009
Written Report Author	Hydrogeologist		Written Report : Public or Exempt?	Public
Subject: Approve the Water Resources (Charges)(Jersey) Order 2009.
Decision(s): The Minister made the Water Resources (Charges)(Jersey) Order 2009.
Reason(s) for Decision: The Water Resources (Jersey) Law 2007 requires that the overall cost needed to meet the regulator’s expenditure in carrying out functions under this Law is recovered by charges that can be prescribed under the Law. The Order prescribes charges which will be levied for Water Resources licences as previously approved under MD-PE-2009-0140.
Resource Implications: The Order will permit the levy of charges in respect of Water Resources licences to abstract water. This will provide funds to support the implementation and enforcement of the Water Resources (Jersey) Law 2007, as required under Article 25 of that Law.
Action required: The signed and sealed Order to be forwarded to the States Greffe.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Approval of Water Resources (Charges) (Jersey) Order 2009.

DEPARTMENT OF PLANNING AND ENVIRONMENT

APPROVE THE WATER RESOURCES (CHARGES)(JERSEY) ORDER 2009

Public Item

Purpose of the Report

The purpose of this report is to request that the Minister make the Water Resources (Charges)(Jersey) Order.

Background

Under Article 25 of the Water Resources (Jersey) Law 2007 (The Law), the regulator (defined under Article 1 as the Minister of Planning and Environment) may prescribe;

Article 25(1)(a) - ‘charges that shall be payable to the regulator by applicants, licensees and proposed transferees, in respect of applications for the grant, variation, transfer and revocation of licences’.

Article 25(1)(b) - ‘charges that shall be payable to the regulator periodically by licensees’.

In addition, Article 25(2) states that ‘in prescribing charges under this Article, the regulator shall have regard to the amounts that are needed to meet the regulator’s expenditure in carrying out functions under this Law’.

The user pays principle has therefore already been accepted by The States under the principal legislation. The charges prescribed in the Order, to be levied for Water Resources licences, reflect the estimated amount required to meet the regulator’s expenditure in carrying out functions under this Law.

The drafting of the Water Resources (Charges)(Jersey) Order by the Law Draftsman was approved by the Minister under DS-MD-PE-2009-0140 on 17 August 2009.

Discussion

The Water Resources (Jersey) Law 2007 requires that the overall cost needed to meet the regulator’s expenditure in carrying out functions under this Law will be borne by the user.

The total cost of managing and regulating the Island’s water resources, as required under the Law, has been estimated at £110,044 for the year 2010 (the first year for which abstraction licences are required under the Law). The charges prescribed in the Order, previously detailed in WR-MD-PE-2009-0140, will meet the estimated cost for 2010.

Conclusion

It will be necessary to bring this Order into force by 14 September 2009, in order that charges can be invoiced and paid by November 2009, in order that that licences can be granted and issued to applicants in December 2009 and come into force on 1 January 2010.

Recommendation

The Minister makes the Water Resources (Charges)(Jersey) Order 2009.

Written by:	Hydrogeologist, Department of Planning and Environment

Approved by:	Assistant Director, Environmental Protection

Attachments:

Water Resources (Charges)(Jersey) Order 2009

9 September 2009