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Draft High Hedges (Jersey) Law 200-

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.

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A decision made (01.08.06) to approve the Draft High Hedges (Jersey) Law 200-

Subject:

High Hedges (Jersey) Law 200- : response to consultation

Decision Reference:

MD-PE-2006-0093

Exempt clause(s):

None

Type of Report (oral or written):

Written

Person Giving Report (if oral):

Kevin Pilley: Assistant Director (Policy and Projects)

Telephone or

e-mail meeting

n/a

Report

File ref:

1/05/02/04

Written Report

Title:

High Hedges (Jersey) Law 200- : response to consultation

Written report – Author:

Kevin Pilley: Assistant Director (Policy and Projects)

Decision(s): The Minister for Planning and Environment;

1. Approved the High Hedges (Jersey) Law 200- (Version 10 – 30th November 2005) as a basis for referral to the Law Officer’s Department and subsequently the States; and

2. Authorised the Assistant Director of Planning to consider the advice awaited from the Law Draftsman relative to Article 23 and the application of the provisions of the draft law to Crown land, and to make the necessary amendments, where appropriate.

Reason(s) for decision:

1. Due consideration has been given to the representations made which are not considered by the Minister to be of sufficient weight to amend the draft law and its constituent articles; and

2. Having considered the specifics of the matter, the Minister is content for the application of Articles 8 and 11 and their provisions to Crown land in the draft Law to be determined by officers, having regard to the advice of the Law Draftsman.

Action required:

1. The Assistant Director of Planning to liaise with the Law Draftsman with regard to the application of Articles 8 and 11 to Crown land;

2. Subject to the outcome of 1., the matter to be referred to the Law Officers Department for;

a. an assessment of compliance with Human Rights;

b. a determination of the level of fines;

c. referral to the Receiver General’s Office, and possibly the Lord Chancellor’s Department, for consideration of the implications for Crown land;

3. On receipt of the further advice of the Law Officer’s Department, to bring the matter back before the Minister in order that it might be lodged in the States.

Signature:

(Minister/ Assistant Minister)

Date of Decision:

 

 

 

 

 

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