Drafting the Water Resources (Registration) Order 200-.

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A decision made (06/10/2008) regarding: Drafting the Water Resources (Registration) Order 200-.

Decision Reference: MD-P-2008-0230
Decision Summary Title	Drafting the Water Resources (Registration) Order 200-		Date of Decision Summary:	29/09/2008
Decision Summary Author:	Colin Cheney		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title	Drafting the Water Resources (Registration) Order 200-		Date of Written Report:	29/09/2008
Written Report Author:	Colin Cheney Hydrogeologist		Written Report : Public or Exempt?	Public
Subject: Drafting the Water Resources (Registration) Order 200-.
Decision(s): The Assistant Minister authorised the drafting of the Water Resources (Registration) (Jersey) Order 200-.
Reason(s) for Decision: To bring into effect the registration of abstractions of water that are exempted from the restrictions contained in Article 11 of the Water Resources (Jersey) Law 2007 by the provisions contained in Article 12(1)(b), (c) and (d) of the Law.
Resource Implications: None
Action required: To instruct the Director of Environment to forward the necessary instructions to the Law Draftsman in order that the draft Order can be prepared for subsequent approval by the Minister, to come into force on 1 January 2009 (the Appointed Day for the Water Resources (Jersey) Law 2007).
Signature: Deputy Anne Pryke		Position: Assistant Minister
Date Signed:		Date of Decision (If different from Date Signed):

Drafting the Water Resources (Registration) Order 200-.

PLANNING AND ENVIRONMENT

DRAFTING THE WATER RESOURCES (REGISTRATION)(JERSEY) ORDER 200-

Public Item

Purpose of the Report

The purpose of this report is to request that the Minister authorise the drafting of the Water Resources (Registration) (Jersey) Order 200-.

Background

Article 11 of the Water Resources (Jersey) Law 2007 (The Law) states that ‘a person shall not cause or knowingly permit the abstracting of water from a source of supply or the impounding of water in a source of supply’. The sub-paragraphs of Article 12(1) detail exemptions for which that restriction does not apply. However, Article 12(2) states that the exemption detailed in sub-paragraphs (b), (c) and (d) only applies if the abstracting or impounding is registered in the prescribed manner. The abstracting and impounding activities that are subject to registration, as specified in the sub-paragraphs of Article 12(1), are as follows;

12(1)(b) the abstracting of groundwater not exceeding in the agregate15 cubic metres in any period of 24 hours.

12(1)(c) the abstracting of water for the domestic purposes of a household.

12(1)(d) the abstracting or impounding of water, as far as is reasonably necessary to prevent interference with or damage to any civil engineering works or construction works.

Article 12(7)(a) of the Law specifies that the regulator may by Order prescribe the manner in which registration for the purposes defined in sub-paragraphs (b), (c) and (d) may be effected.

Discussion

The Appointed Day for the Water Resources (Jersey) Law 2007 will be 1st January 2009. Water Resource licences and registrations to abstract water will subsequently come into force on 1st January 2010, as specified under Article 54(3) of the Law. It will therefore be necessary to draw up and approve an Order to permit the registration of water abstractions to also come into force on the Appointed Day, in order that applications to register the abstraction of water can be made, assessed and granted, in a similar manner to applications for licences to abstract water.

There are thought to be at least 3000 (and possibly as many as 5000) water sources, from which water is currently abstracted, that will qualify for exemption from licensing requirements under Article 12(1)(b), (c) and (d). Applications for all such abstractions will have to be submitted, assessed and granted during 2009, in order that the registrations can come into force on 1st January 2010, as required under Articles 11 and 12 of the Water Resources (Jersey) Law 2007.

Conclusion

It is desirous to bring this Order into force on 1st January 2009 at the same time as the Water Resources (Jersey) Law 2007 comes into force. This timing is crucial to allow adequate time for applications for the registration of qualifying water abstractions to be made, assessed and granted, to come into force on 1st January 2010.

Recommendation

That the Minister instructs the Director of Environment to request that the Law Draftsman prepare the Water Resources (Registration) (Jersey) Order 200-, for subsequent approval by the Minister, so that the Order may be brought into force on the 1st January 2010.

Written by:	Colin Cheney - Hydrogeologist

Approved by:	Chris Newton – Director of Environment

Decision Summary reference: MD-PE-2008-0230

Date 29 September 2008