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Water (Jersey) Law 1972: Dispensations for water quality parameters granted under Article 13(1) as Amended

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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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 November 2021

Decision Reference: MD-PE-2021-0074

Decision Summary Title:

Dispensations for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended

Date of Decision Summary:

11 November 2021

Decision Summary Author:

Private Secretary

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Dispensations for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended

Date of Written Report:

11 November 2021

Written Report Author:

Regulation, IHE

Written Report:

Public or Exempt?

Public

Subject:

Dispensations for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended.

Decision(s):

The Minister granted the application for the extension of the dispensation of water quality parameters, with conditions, for the period from December 31, 2021 to December 31, 2023.

Reason(s) for Decision:

The Minister made the decision following a request from Jersey Water asking that this dispensation be extended until December 31, 2023 or until new Legislation is enacted, whichever is the sooner.

Resource Implications:

There are no manpower or financial implications arising from this decision.

Action required:

As soon as reasonably practical, Officers are to:

  • give public notice in the Jersey Gazette of the terms of the dispensations (Article 18 of the Water (Jersey) Law 1972 as Amended)
  • notify the Minister for Health and Social Services in writing of the terms and conditions of the dispensation (Article 19(2) of the Water (Jersey) Law 1972 as Amended)
  • inform Jersey Water to confirm granting of the dispensations.

Signature:

 

 

 

Deputy John Young

Position:

 

 

 

Minister for the Environment

Date Signed:

 

XX/11/2021

Date of Decision (If different from Date Signed):

 

 

Hide report
Water (Jersey) Law 1972: Dispensations for water quality parameters granted under Article 13(1) as Amended

 

 

Ministerial Decision Report

Dispensations for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended

 

Purpose of the Report

The Minister for the Environment (the Minister) is requested to:

 

  1. Grant the application for extension of the dispensation of water quality parameters, with conditions, until December 31, 2023, or until new Legislation is enacted, whichever is the sooner.

 

Background

Under Article 12(1) of the Law as Amended, The Jersey New Waterworks Company Limited (Jersey Water) may in writing apply for a dispensation from the requirements of Paragraph 2 of the Schedule of the Law subject to a number of conditions including:

 

  • that the dispensation is necessary to maintain a supply of water for domestic purposes;

 

  • that a supply of water for those purposes cannot be maintained in the specified areas by any other reasonably practicable means; and

 

  • that the supply of water in accordance with the dispensation does not constitute a potential danger to human health.

 

A dispensation granted for Nitrates expires on December 31, 2021. A further request has been received from Jersey Water asking that this dispensation be extended until December 31, 2023 or until new Legislation is enacted, whichever is the sooner.

 

Under Article 13(1) of the Law as Amended, the Minister may grant an application for dispensation if, but only if, the Minister is satisfied that each of the conditions detailed above is established. Under Article 19(1) of the Law as Amended, where any human health or public health related issues arise in relation to applications for dispensations, The Minister is required to consult with The Minister for Health and Social Services. This consultation has been undertaken.  

 

Dispensation

The previously granted Nitrates dispensation for water quality and expires on December 31, 2021.

 

Jersey Water are now requesting that the dispensation is extended on the same basis.

 

Jersey Water has not needed to make use of the dispensation or its predecessor. It is felt prudent to maintain the dispensation to accommodate any urgent need to blend waters in the event that a catchment area cannot be used as a result of a pollution event.

Health implication
As required under Article 19(1), the Minister has consulted on the human or public health related issues arising from the dispensations with the Minister for Health and Social Services (MHSS).

 

The Director of Public Health has examined the request and recommended to the MHSS to support the granting of this request. The MHSS communicated that he had no objections.

 

A robust reporting mechanism is in place to ensure levels of nitrates are strictly monitored and action will be taken before the dispensation would be needed.

 

Recommended dispensation

The existing dispensation be extended to December 31, 2023 or until the enactment of new Legislation, whichever is the sooner.

 

Period of extension of dispensation: December 31, 2021 to December 31, 2023.

 

Area of supply: Whole Island distribution area

 

  1. The Company will inform the Minister for the Environment of any of its raw water sources that may from time to time require specific safeguard from pollution in order to comply with the terms of this dispensation.  

    This dispensation can be modified or revoked in accordance with Article 16 of the Law.

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