Department of Environment: Delegation of Functions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 2 May 2018:

Decision Reference: MD-PE-2018-0045
Decision Summary Title:	Scheme of Delegation for the Minister for the Environment – April 2018		Date of Decision Summary:	27 April 2018
Decision Summary Author:	Business Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Scheme of Delegation for the Minister for the Environment – April 2018		Date of Written Report:	28 March 2018
Written Report Author:	Business Director		Written Report : Public or Exempt?	Public
Subject: Scheme of Delegation for the Minister for the Environment – April 2018
Decision(s): By virtue of the power conferred on him by Article 28(1) of the States of Jersey Law 2005 the Minister delegated the functions conferred upon or vested in him under the relevant legislation as indicated in the Scheme of Delegation for the Minister for the Environment – April 2018
Reason(s) for Decision: The Scheme of Delegation ensures that decisions are made at the appropriate level to ensure the efficient administration of the Minister’s duties and responsibilities. The Minister has updated the Scheme of Delegation as follows: To more effectively and efficiently manage the department’s enforcement role across the department as a result of the Environmental Health function (laws and team) transfer to the Department of the Environment, by the addition of Environmental Protection Investigation Officer under For the purpose of enforcement of the Statutory Nuisances (Jersey) Law 1999.
Resource Implications: None
Action required: The Greffier of the States to be requested to arrange for the Scheme of Delegation to be presented to the States at the earliest opportunity
Signature: Deputy S Luce		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):

Department of Environment: Delegation of Functions

Scheme of Delegation for the Minister for the Environment – April 2018
Background:
Article 28 of the States of Jersey Law 2005 allows a Minister to delegate any function for which they have responsibility, to an Assistant Minister or an Officer. The Scheme of Delegation ensures that decisions are made at the appropriate level to ensure the efficient administration of the Minister’s duties and responsibilities. No delegations made prevent the Minister from exercising those functions personally.
Delegations to the Assistant Minister
In accordance with Article 28(1) of the States of Jersey Law 2005, the Minister delegates: All powers and functions in respect to the Department of the Environment, including all other areas where the Minister would otherwise have to act and be advised, to his Assistant Minister, Connétable Steve Pallett of St Brelade, when he is unavailable or out of the Island. The determination of appeals made under Part 7 of the Planning and Building (Jersey) Law 2002 to his Assistant Minister, Deputy Anne Enid Pryke, when he is unavailable, unable to determine an appeal, or when it could be perceived he is conflicted.
Delegations to Officers – Public Finances (Jersey) Law 2005
In pursuance of Article 28(1) of the States of Jersey Law 2005, the Minister delegates the following powers and functions in respect to the Department of the Environment to officers subject to the conditions as stated.
Public Finances (Jersey) Law 2005
Article	Detail			Delegated to whom
Write off bad debts	For an individual value of less that £25,000 and a combined annual total of less than £200,000			Chief Officer – Department of the Environment Finance Director – Department of the Environment
	For an individual value of less than £50			Finance Officer
	Subject to them being reported to the Minister on a quarterly basis with an explanatory report
Approve the Department’s authorised signature schedule and approved expenditure limits conditional upon them being within pre-authorised limits.				Chief Officer – Department of the Environment Finance Director – Department of the Environment
Article 28	Authorisation of non-contentious budget transfers up to the value of £200,000			Chief Officer – Department of the Environment
Delegations to Officers – Planning and Building Services Division
In pursuance of Article 28(1) of the States of Jersey Law 2005 the Minister delegates the following powers and functions in respect to the Department of the Environment to officers subject to the conditions as stated.
High Hedges (Jersey) Law 2008
Article		Detail		Delegated to whom
HIGH HEDGES
Article 6	Determining whether a complainant has taken steps to resolve the situation, whether the complaint is frivolous or vexatious, or whether the complaint is justified.			Chief Officer - Department of the Environment Director of Development Control Director: Policy, Projects and the Historic Environment Principal Planners Senior Planners and Assistant Senior Planners
Article 7	Issuing of a Remedial Notice provided that the owner of the hedge has not made a representation, other than the compulsory questionnaire, in connection with the complaint.
Article 9	Withdrawal of a Remedial Notice and issuing of an amended Notice if appropriate.
CONDITIONS In deciding an application and any requirement for remedial action in connection with a submission under the High Hedges (Jersey) Law 2008, Authorised Officers may only make a decision when representations, other than the compulsory questionnaire, have not been received from the owner of the hedge that is the subject of the application. The Planning Applications Committee do not have any powers to determine High Hedges applications as neither the States of Jersey Law 2005 nor the High Hedges (Jersey) Law 2008 allow for such a delegation
Planning and Building (Jersey) Law 2002
Article	Detail			Delegated to whom
Article 71	Immediate action to ensure safety of a building. This includes powers of entry to carry out any such works.			Chief Officer – Department of the Environment Deputy Chief Officer Director of Building Control
Article 116(3)	The giving of notice in writing of the determination of an appeal			Judicial Greffier
Article 116(4)	The making of reasonable arrangements for access to the inspector’s report and notice given by the Minister			Judicial Greffier
Delegations to Officers – Environmental Division
In pursuance of Article 28(1) of the States of Jersey Law 2005, the Minister delegates the following powers and functions in respect to the Department of the Environment to officers subject to the conditions as stated.
Legislation			Detail	Delegated to whom
Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974			A Law to control sales and leases of agricultural land. Delegated powers under – Article 2 – The issuing of consents and permissions on agricultural land at the point of sale or leases using longstanding terms of reference. Decisions not within the terms of reference are referred to the Minister.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy Assistant Director Rural Economy and Head of Plant Health Acting Director Rural Economy and Head of Plant health Land and Horticultural Development Manager Land Controls and Planning Officer. Projects and Compliance Officer (for monitoring and enforcement) Waste & Water Management & Regulation Officer (for monitoring and enforcement)
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			A Law to provide for the control of the marketing of agricultural produce by control of production and by other means, to empower the States to approve schemes for this purpose and to provide for other matters incidental thereto. Delegated powers for the administration, inspection and enforcement for the 3 pieces of subordinate legislation to ensure that export produce adheres to certain standards and that crops are disease-free. This allows Jersey to trade with Europe.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director – Environmental Protection Director of Environmental Management and Rural Economy Assistant Director Rural Economy and Head of Plant Health Acting Director Rural Economy and Head of Plant health For the purposes of administration, inspection and enforcement Agricultural and Plant Health Inspectors
Animals (Trapping) (Jersey) Law 1961 Subordinate Spring Traps (Approval) (Jersey) Order 1996 Small Ground Vermin Traps (Jersey) Order 1961			A Law to define approved traps and to regulate and enforce their appropriate use.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Principal Ecologist States Veterinary Officer Director – Environmental Policy
Animal Welfare (Jersey) Law 2004			A Law to consolidate and revise the laws promoting the welfare of animals and the prevention of suffering by animals, to regulate the keeping and use of animals, and for connected purposes. The Law defines the Veterinary Officer according to the definition given under the Diseases of Animals (Jersey) Law 1956. The Appointed Veterinary Officer (or their appointed Deputy under Part 2, Article 2 of the 1956 Law) has delegated powers under all Orders and is empowered to perform all duties relating to veterinary matters (Articles 1 to 7). Additional delegated powers are requested for appointment; as Inspector is required, in accordance with Article 22, to carry out licensing visits or enter premises licensed in accordance with Articles 14 or 15 of the Law. The Animal Welfare (Jersey) Law 2004 to restrict the powers of an inspector appointed under Article 22, prohibiting them from exercising functions in relation to licensing if the licensed activity is also undertaken by the inspector or his/her employers.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer States Veterinary Officer States Veterinary Assistant Principal Ecologist Director – Environmental Policy
Conservation of Wildlife (Jersey) Law 2000			A Law to protect scheduled wild animals and birds and their nest or dens from death, damage or disturbance. Article 16 allows for the licensing of normally prohibited activities under Articles 6, 8, 9, 10, 11 and 15. Prohibitions: 6 – Relating to dens and nests, etc. of protected wild animals and protected wild birds 8 – Keeping, etc. of protected wild animals and protected wild birds 9 – Certain methods of killing or taking wild birds 10 – Certain methods of killing or taking wild animals (no licences have ever been issued for 9 and 10) 11 – Export of certain reptiles and amphibians 15 – Release, etc. of imported species (specifically includes pheasants and partridges)	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy Principal Ecologist Director – Environmental Policy For the purposes of enforcement Natural Environment Officer Natural Environment Rangers Research Ecologist Sea Fisheries Officers
			Licences may only be issued if the thing to be done is for scientific, research or educational purposes (e.g. ringing, marking, tracking); preserving public health or public or air safety; the re-introduction of a species, the purpose of conservation or the prevention of the spread of diseases, preventing serious damage to livestock and crops, AND ‘there is no other satisfactory solution and that anything Authorised by the licence will not be detrimental to the survival of the population concerned’. Delegated powers under Article 18 for enforcement activities (Article 18)
Dangerous Wild Animals (Jersey) Law 1999			This Law provides a licensing requirement to keep a scheduled animal (Article 3). Administration of this Law is delegated to the States Veterinary Officer who will seek advice at his/her discretion.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer States Veterinary Officer
Animal Health (Jersey) Law 2016 Subordinate Diseases of Animals (Waste Foods) (Jersey) Order 1958 Diseases of Animals (Pigs, Goats and Sheep Registration, Identification and Movement) (Jersey) Order 2007 Artificial Insemination of Domestic Animals (Bovine Semen) (Jersey) Order 2008 Diseases of Animals (Rabies) (Importation of Mammals) (Jersey) Order 2011 Diseases of Animals (Non-Rabies) (Importation of Mammals) (Jersey) Order 2011 Diseases of Animals (Bees) (Jersey) Order 2013 Animal Health (Importation of Miscellaneous Goods and Animals) (Jersey) Order 2017 Animal Health (Surveillance) (Jersey) Order 2017 Notifiable Disease Orders Animal Health (African Horse Sickness) (Jersey) Order 2017 Animal Health (Bird Diseases) (Jersey) Order 2017 Diseases of Animals (Bluetongue) (Jersey) Order 2006 Animal Health (Foot and Mouth Disease) (Jersey) Order 2017 Animal Health (Miscellaneous Exotic Diseases) (Jersey) Order 2017 Animal Health (Rabies) (Jersey) Order 2016 Animal Health (Swine) (Jersey) Order 2017 Animal Health (Tuberculosis) (Jersey) Order 2017			The Appointed States Veterinary Officer (under Part 2, Article 5 of the Law) has delegated powers under all Orders and is empowered to perform all duties relating to veterinary matters. Licences are issued under delegated powers. The Minister is advised of the outbreak of any notifiable disease	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy States Veterinary Officer States Veterinary Assistant
Endangered Species (CITES) (Jersey) Law 2012			A Law to regulate the trade of certain animal and plant species that are or may be in danger of extinction, and to ensure the implementation of CITES, and for connected purposes. MANAGEMENT AUTHORITY Article 6(1) A Law to regulate the trade in certain animal and plant species that are or may be in danger of extinction, and to ensure the implementation of the Convention on the International Trade in Endangered Species (CITES), and for connected purposes The Law prescribes a number of functions to the Management Authority under Articles 7, 8 and 12 to 30 connected to the permitting, licencing and reporting of the import, export and re-export of listed species or their derivatives as well as the registration of local commercial breeding and trade operations. The Management Authority is also required to co-operate with recognized management authorities in the implementation and enforcement of legislation, in Jersey and in other countries or territories, relating to species conservation.	States Veterinary Officer States Veterinary Assistant Director - Environmental Policy Director for Environment / Deputy Chief Officer Note for the purposes of enforcement / inspection the Endangered Species (CITES) (Designation and Appointment) (Jersey) Order 2012 Article 3 already appoints additional officers to those appointed under Article 11 (1) of the law as follows Director - Environmental Policy An Inspector within the meaning of the Animal Health (Jersey) Law 2016
Subordinate legislation – Endangered Species (CITES) (Designation and Appointment) (Jersey) Order 2012			SCIENTIFIC AUTHORITY Article 2 Pursuant to Article 9(1) of the Law, the Minister for Planning and Environment is designated as the Scientific Authority. The Law prescribes a number of powers and functions of the Scientific Authority in Article 10 in relation to advising the Management Authority of decisions in respect of the issuance of permits for import, export or re-export of listed specimens or derivatives.	Director - Environmental Policy Director for Environment / Deputy Chief Officer
European Union Legislation (Implementation) (Jersey) Law 2014 Subordinate EU Legislation (Aquatic Animal Health) (Jersey) Regulations 2016			A Law to enable the States or the Minister for External Relations to give effect in Jersey to legislation of the European Union and to make supplementary provision in relation to that legislation, to make amendments and other provision in connection with the Treaty of Lisbon, and for related purposes A Regulation to ensure the health of aquaculture 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.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer States Veterinary Officer States Veterinary Assistant
European Communities Legislation (Implementation) (Cattle Identification) (Jersey) Regulations 2002			A Law to ensure the correct form and application of prescribed cattle ear tags (Regulation 2) The registration of cattle and recording of movements (Regulation 7) Provide replacement passports (Regulation 10) Powers of entry. To inspect cattle, examine and remove records, check unused eartags (Regulation 13). Serve a notice restricting movement from the holding (Regulation 14). Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer States Veterinary Officer States Veterinary Assistant
EU Legislation (Transmissible Spongiform Encephalopathies) (Jersey) Regulations 2015			These Regulations provide for the enforcement of Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (“the EU TSE Regulation”). Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer States Veterinary Officer
European Communities Legislation (Bluetongue) (Jersey) Regulations 2008			A Law to regulate the controls, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue. Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy States Veterinary Officer
Community Provisions (Bovine Embryos) (Jersey) Regulations 2010			A Law that regulates the trade in bovine embryos with Member States and controls the importation of bovine embryos from third countries. Approve embryo collection teams, including laboratories, embryo production teams and storage facilities for trade. Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy States Veterinary Officer
Pet Travel Scheme (Jersey) Regulations 2011			A Law that regulates the movement of pet animals arriving from outside the British Islands entering Jersey from a member State or a third country. Inspections and enforcement are carried out by the States Veterinary Officer or their assistant(s).	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy States Veterinary Officer States Veterinary Assistant
Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 2013			Regulations that ensure the application and implementation of two European Council Regulations that deal with the welfare of animals when they are being transported. Those Regulations are – Council Regulation (EC) No 1/2005 and Council Regulation (EC) No 1255/97 which harmonise applicable animal welfare controls as well as preventing the occurrence and spread of infectious animal diseases. These Regulations put in place more stringent requirements than previously, so as to prevent pain and suffering in order to safeguard the welfare and health of animals during and after transport. Inspections and enforcement are carried out by States Veterinary Officer or their assistant(s).	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy States Veterinary Officer States Veterinary Assistant
EU Legislation (Veterinary and Zootechnical Checks – Trade with Member States) (Jersey) Regulations 2016			These Regulations implement Council Directive 90/425 concerning veterinary and zootechnical checks applicable in intra-Community trade in live animals and certain animal products with a view to the completion of the internal market. Inspections and enforcement are carried out by the States Veterinary Officer or his/her assistants.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy States Veterinary Officer States Veterinary Assistant
EU Legislation (Veterinary and Zootechnical Checks – Imports from Third Countries) (Jersey) Regulations 2016			These Regulations would implement Council Directive 91/496 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries. Inspections and enforcement are carried out by the States Veterinary Officer or his/her assistants.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy States Veterinary Officer States Veterinary Assistant
Food and Environment Protection Act 1985 (Jersey) Order 1987			An Order 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.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer
Food Safety (Jersey) Law 1966 Subordinate Food Hygiene (General Provisions) (Jersey) Order 1967			A Law to ensure the cleanliness and purity of foodstuffs	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director – Environmental Health For the purposes of enforcement Environmental Health Management, Officers and Senior Environmental Health Technical Officers and Environmental Health Technical Officers Water Resource Management and Regulation Officers Waste & Water Management & Regulation Officer Head of Waste Regulation Water Management & Licensing Officer Environmental Protection Technician Agricultural and Plant Health Inspectors Assistant Director - Marine Resources Marine and Coastal Manager Senior Marine and Fisheries Officer Fisheries Officers Marine Scientist States Veterinary Officer States Veterinary Assistant
Pesticides (Jersey) Law 1991 Subordinate Pesticides (Maximum Residue Levels in Food) (Jersey) Order 1991 Pesticides (General Provisions) (Jersey) Order 1991			A Law to regulate the use of pesticides. Delegated powers under Article 4, which outlines the enforcement provisions.	Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy Assistant Director of Rural Economy and Head of Plant Health Acting Director Rural Economy and Head of Plant health Director - Environmental Protection For the purposes of enforcement Plant Pathologist and Laboratory Manager Agricultural and Plant Health Inspectors Head of Water Resource Management & Regulation Water Resource Management and Regulation Officers Waste & Water Management & Regulation Officer Water Management & Licensing Officer Environmental Protection Investigation Officer Environmental Health Management, Officers and Senior Environmental Health Technical Officers and Environmental health Technical Officers
Planning and Building (Jersey) Law 2002			A Law to provide the means to establish a plan for the sustainable development of land and to control development in accordance with that plan, to prescribe the functional requirements of buildings and to provide the means to enforce those requirements, to provide the means to protect, enhance, conserve and to use wisely the natural beauties, natural resources and biodiversity of Jersey and to preserve and improve Jersey’s general amenities, to confer powers to acquire land for the purposes of the Law, and to make other provisions in similar respects. Delegated powers: Permission to carry out activities on SSI land, where it is designated for its ecological/ geological interest only, (Article 55), e.g. permission for the T.A. to carry out exercises, utilities maintenance, etc. 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. Provisional listing (for 3 months only) of ecological/ geological SSIs under Article 53 in the case of extreme threat to an area of SSI quality.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy Principal Ecologist Director – Environmental Policy Senior Natural Environment Officer
Plant Health (Jersey) Law 2003 Subordinate Stem and Bulb Eelworm (Jersey) Order 1971 Blight Disease (Jersey) Order 1982 Plant Health (Jersey) Order 2005			A Law to control the spread of pests and disease of plants and trees. Delegated powers: 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). Delegated powers for inspection and enforcement functions under Articles 24–31 of the Plant Health Order. Issuance of licences – Article 34 of the Plant Health Order.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy Assistant Director Rural Economy and Head of Plant Health Acting Director Rural Economy and Head of Plant health Director - Environmental Protection Plant Pathologist and Laboratory Manager For the purposes of enforcement/inspection Agricultural and Plant Health Inspectors
Protection of Agricultural Land (Jersey) Law 1964			A Law to protect agricultural land. Delegated powers: Under Article 4(2), consents and permissions can be issued for prohibited activities to be carried out on agricultural land. For the purposes of inspection and enforcement, delegated powers of entry (Article 3) and the powers to obtain information (Article 5).	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy Assistant Director Rural Economy and Head of Plant Health Horticultural Adviser Statutory Services Officer Principal Ecologist Land and Horticultural Development Manager Land Controls and Planning Officer. For the purposes of enforcement/inspection/ obtain information Agricultural and Plant Health Inspectors Projects and Compliance Officer
Sea Fisheries (Jersey) Law 1994			A Law to make provision for the regulation of sea fishing and the conservation of sea fish; to make provision for the regulation of mariculture, for the licensing of fishing boats, for controls on the possession and sale of sea fish, for the appointment and duties of fisheries officers and for connected matters. Delegated Powers: To approve applications for exemptions for scientific purposes or the transplanting of fish (Articles 5 and 6); 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).	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy
Subordinate Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1998			To decide on applications for exemption from restrictions on ormers where the applicant wishes to conduct scientific work or transplanting (Regulation 4).	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy Assistant Director Marine Resources
			To decide on applications for exemption from need for pot tags where the applicant wishes to conduct scientific work (Regulation 8).	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy Assistant Director Marine Resources
			To issue and revoke permits to masters, owners and charterers of fishing boats exempting them from the need for pot tags and to set conditions and time limits for such permits (Regulation 8).	Director of Environmental Management and Rural Economy Assistant Director Marine Resources Senior Marine and Fisheries Officer
			To approve type of pot tag and lost pot tag (Regulation 8).	Assistant Director Marine Resources Senior Marine and Fisheries Officer
			To set directions for the issue of pot tags and lost pot tags and to determine the year or years for which pot tags and lost pot tags are valid (Regulation 8).	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy
			To issue pot tags (Regulation 8).	Director of Environmental Management and Rural Economy Assistant Director Marine Resources Senior Marine and Fisheries Officer
			To issue lost pot tags (Regulation 8).	Assistant Director Marine Resources Fisheries Officers
Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003			To authorise the issue of licences and permits (Part 2).	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy Assistant Director Marine Resources Senior Marine and Fisheries Officer
Sea Fisheries (Underwater Fishing) (Jersey) Regulations 2003			To authorise certain scientific or transplanting activities (Regulation 2).	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy Assistant Director Marine Resources
			To authorise the issuing of permits, setting of conditions, fishing periods, and the provision of statistics (Regulation 3).	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy Assistant Director Marine Resources
Sea Fisheries (Fisheries) (Jersey) Regulations 2010			To authorise the renewal of licences to farm fish or shellfish that are unchanged from the original licence.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director of Environmental Management and Rural Economy
Slaughter of Animals (Jersey) Law 1962			A Law to revise the Law with regard to the slaughter of animals and the administration of slaughterhouses and knacker’s yards, sanctioned by Order of Her Majesty in Council. The SVO issues slaughterers’ licences under delegated powers (Article 4). The slaughterhouse is supervised by the Superintendent (Article 2).	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer States Veterinary Officer
Statutory Nuisances (Jersey) Law 1999			A Law to provide for statutory nuisances; for procedures for dealing with them; and for connected purposes. Note: The delegation of functions does not extend to the following matters that are reserved to the Minister: Article 7(4) – a decision to abate a nuisance or do whatever may be necessary in the execution of the notice, where this may have significant resource consequences or other implications of a sensitive or contentious nature. Article 7(5) – to decide whether or not to seek the recovery as a civil debt of any expenses reasonably incurred under Article 7(4). Article 7(6) – to determine whether or not the circumstances described in this paragraph apply (i.e. ‘an adequate remedy’) and to initiate proceedings in the Court for the purpose of securing the abatement, prohibition or restriction of a nuisance.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director – Environmental Health For the purposes of enforcement Environmental Health Management, Officers and Senior Environmental Health Technical Officers and Environmental Health Technical Officers Water Resource Management and Regulation Officers Waste & Water Management & Regulation Officer Head of Waste Regulation Water Management & Licensing Officer Environmental Protection Technician Agricultural and Plant Health Inspectors Environmental Protection Investigation Officer Marine and Coastal Manager Assistant Director- Marine Resources Marine Scientist Senior Marine and Fisheries Officer Fisheries Officers States Veterinary Officer States Veterinary Assistant
Waste Management (Jersey) Law 2005			A Law to: Control the transboundary shipment of wastes to, from, and through Jersey. Control the movements of hazardous and healthcare wastes in Jersey. Allow for the licensing of waste management facilities and the registration of certain carriers in Jersey. Delegated powers: All administration of: Part1 – INTRODUCTORY PROVISIONS (Articles 1 to 9) Part 2 – ADMINISTRATION (Articles 10 to 22) Part 3 – WASTE MANAGEMENT WITHIN THE ISLAND Licensing of Operations (Articles 23 to 37) Registration of Waste Carriers (Articles 38 to 48) Internal Movements (Articles 49 to 52) Other Provisions (Articles 53 to 56). Part 4 – TRANSBOUNDARY MOVEMENTS OF WASTE Introductory Provisions (Articles 57 to 63) Export of Waste (Articles 64 to 67) Import of Waste (Articles 68 to 69) Waste in Transit (Articles 70 to 71) Illegal Traffic (Articles 72 to 75) Other Provisions (Articles 76 to 81) Part 5 – ENFORCEMENT (Articles 82 to 93) Part 6 – OTHER PROVISIONS (Articles 94 to 113) Any further responsibilities under Schedules 1 to 11.	Chief Officer, Department of the Environment Director for Environment / Deputy Chief Officer Director - Environmental Protection Head of Waste Regulation, For the purpose of enforcement (Part 5) Head of Water Resource Management & Regulation Water Resource Management and Regulation Officers Waste & Water Management & Regulation Officer Water Management & Licensing Officer Environmental Protection Technician Agricultural and Plant Health Inspectors Environmental Protection Investigation Officer Environmental Health Management, Officers and Senior Environmental Health Technical Officers and Environmental health Technical Officers
Water Pollution (Jersey) Law 2000			A Law to provide for the control of pollution in Jersey waters, and the implementing of provisions of the Convention for the Protection of the Marine Environment of the North-East Atlantic; the monitoring and the classification of waters; the setting of quality objectives for classified waters; administrative, regulatory, preventive and remedial measures; and related purposes. Delegated powers: Issuance of discharge permits and the publishing of notices and consultation before considering applications relating to Discharge Permits (Article 10). Special regard to the issuance of discharge permits will be given relating to high risk substances (Article 19(1)). 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 paragraph (1) (c)). Powers for the purposes of enforcement (under Article 29) and – Access to documents relevant to Law (Article 34); Requirement to produce information relating to potentially polluting matter (Article 35); Requirement for precautions to be taken to prevent pollution (Article 36); Requirement for polluters to eliminate and remediate pollution (Article 37); The procedure to be adopted in respect of Articles 36–37 (Article 38); Ability of the Department to take remedial action in respect of Articles 36 and 37 (Article 39(1)); Transitional provisions in respect of Discharge Permits (Schedule 5).	Director for Environment / Deputy Chief Officer Director - Environmental Protection Head of Water Resource Management & Regulation For the purpose of enforcement (Article 29) Water Resource Management and Regulation Officers Waste & Water Management & Regulation Officer Head of Waste Regulation Water Management & Licensing Officer Environmental Protection Technician Agricultural and Plant Health Inspectors Environmental Protection Investigation Officer Marine and Coastal Manager Assistant Director- Marine Resources Marine Scientist Senior Marine and Fisheries Officer Fisheries Officers Environmental Health Management, Officers and Senior Environmental Health Technical Officers and Environmental health Technical Officers
Water (Jersey) Law 1972			A Law to give certain powers to, and impose certain obligations on, The Jersey New Waterworks Company Limited, to make provisions in relation to the conservation and prevention of pollution of water and to provide for ancillary matters Delegated Powers: Enforcement of obligations and standards	Chief Officer - Department of the Environment Director for Environment / Deputy Chief Officer Director-Environmental Protection Director of Environmental Health Head of Water Resource Management & Regulation For the purposes of enforcement Environmental Health Management, Officers and Senior Environmental Health Technical Officers Water Resource Management and Regulation Officers Waste & Water Resource Management & Regulation Officer Water Management & Licensing Officer Environmental Protection Investigation Officer
Water Resources (Jersey) Law 2007			A Law to provide for the protection, management and regulation of water resources in Jersey; the promotion of the conservation of the fauna and flora that are dependent on inland waters and of the habitats of such fauna and flora to the extent that those habitats are themselves dependent on inland waters; the conservation and enhancement of the natural beauty and amenity of inland waters; and for related purposes.	Director for Environment / Deputy Chief Officer Director - Environmental Protection Head of Water Resource Management & Regulation Water Management & Licensing Officer For the purposes of enforcement Water Resource Management and Regulation Officers Waste & Water Management and Regulation Officer Environmental Protection Technician Agricultural and Plant Health Inspectors Environmental Protection Investigation Officer Environmental Health Management, Officers and Senior Environmental Health Technical Officers and Environmental health Technical Officers
Weeds (Jersey) Law 1961			A Law to provide for preventing the spreading of injurious weeds. Delegated powers for enforcement activities to prevent the spreading of injurious weeds (Article 2) performed by the Inspectorate.	Director for Environment / Deputy Chief Officer Director - Environmental Protection Assistant Director Rural Economy and Head of Plant Health Acting Director Rural Economy and Head of Plant health For the purposes of enforcement Agricultural and Plant Health Inspectors Environmental Protection Investigation Officer

28 March 2018

April 2018