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Water Resources (Jersey) Law 2007 - approval of enforcement approach

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 April 2010 regarding: Water Resources (Jersey) Law 2007 - approval of enforcement approach.

Decision Reference:  MD-PE-2010- 0044

Decision Summary Title:

Water Resources (Jersey) Law 2007 enforcement approach

Date of Decision Summary:

15-03-2010

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:

Water Resources (Jersey) Law 2007 enforcement approach

Date of Written Report:

15-03-2010

Written Report Author (Job Title):

Hydrogeologist

Written Report :

Public or Exempt?

Public

Subject:

Approval of an enforcement approach for the Water Resource (Jersey) Law 2007.

Decision(s):

The Minister approved the enforcement approach for the Water Resource (Jersey) Law 2007 detailed in the report.

Reason(s) for Decision:

The primary purpose of the Water Resources (Jersey) Law 2007 (the Law) is to obtain information so that the water resources in Jersey can be effectively managed. With this in mind it is important that information on all water abstractions is obtained.

The Law requires that from 1 January 2010, abstractions of water from sources of supply must be either licensed or registered. Despite widespread encouragement of the public during 2009, there are thought to be several hundred active abstractions that have yet to be licensed or registered. These are currently in contravention of the Law.

Procedures employing the provision of information, persuasion and assistance will, it is anticipated, be more productive than immediately invoking the penalties for non-compliance with the Law. The program of encouragement of the public to register or license sources should therefore continue.

The penalties for not licensing or registering an abstraction from a source of supply will however be used in cases where, despite the best and evidenced efforts of the department, people show continued refusal to comply with the Law.

Resource Implications:

None

Action required:

To approve the recommended enforcement approach for the Water Resources (Jersey) Law 2007.

Signature: 

Position: 

Date Signed:

Date of Decision (If different from Date Signed):

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