Water Resources (Charges) Order: Drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 29 July 2011:

Decision Reference: MD-PE-2011-0072
Decision Summary Title:	Draft Water Resources (Charges) Order 2011		Date of Decision Summary:	07-07-2011
Decision Summary Author (Job Title):	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 drafting of a Water Resources (Charges) Order		Date of Written Report:	07-07-2011
Written Report Author (Job Title):	Hydrogeologist		Written Report : Public or Exempt?	Public
Subject: The Minister approved the schedule of revised charges for water abstraction licences as detailed in Table 1 within the appended report and requested that a suitably revised draft Water Resources (Charges)(Jersey) Order be drafted by the Law Draftsman.
Decision(s): To approve the drafting of an up-dated Water Resources (Charges) Order by the Law Draftsman.
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. A new Order containing details of revised charges which can be levied for Water Resources licences in 2012 needs to be drafted by the Law Draftsman, for subsequent approval by the Minister.
Resource Implications: The Order will permit the levy of revised charges in respect of Water Resources licences to abstract water, which 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: To submit the decision and an appropriate law drafting brief to the Law Draftsman.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):