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Delegation of Functions: Planning and Environment: January 2018

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 30 January 2018:

Decision Reference:    MD-PE-2018-0006

Decision Summary Title:

Scheme of Delegation for the Minister for the Environment – January 2018

Date of Decision Summary:

23 January 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 – January 2018

Date of Written Report:

23 January 2018

Written Report Author:

Business Director

Written Report :

Public or Exempt?

Public

Subject:  Scheme of Delegation for the Minister for the Environment – January 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 – January 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:

  1. To reflect Department of the Environment officer title changes, new officer roles and the arrangements put in place while the Director of Environmental Management and Rural Economy is seconded to the Economic Development, Tourism, Sport and Culture Department.
  2. 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) and the Natural Environment Rangers transfers to the Department of the Environment, by:
    1. The addition of Natural Environment Rangers under For the purposes of enforcement of the Conservation of Wildlife (Jersey) Law 2000.
    2. The addition of Marine Resources and Fisheries Officers under For the purposes of enforcement of the Food Safety (Jersey) Law 1966, Statutory Nuisances (Jersey) Law 1999 and Water Pollution (Jersey) Law 2000.
  3. To reflect the creation of a new post in the Environmental Protection section of the Department of the Environment, the addition of Environmental Protection Investigation Officer under For the purpose of enforcement of the Pesticides (Jersey) Law 1991, Waste Management (Jersey) Law 2005, Water Pollution (Jersey) Law 2000, Water (Jersey) Law 1972, Water Resources (Jersey) Law 2007 and Weeds (Jersey) Law 1961.
  4. Correct a small number of typos.

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):

 

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