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Sale of land and acquisition of Le Braye Sand Dunes.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (04/10/2006) regarding The sale of Field 246, Le Port, St. Peter, and a strip of land to the north of Le Mont a La Brune, St. Brelade, and the acquisition of Le Braye Sand Dunes, St. Brelade, and St. Peter.

Subject:

The sale of Field 246, Le Port, St Peter and a strip of land to the north of Le Mont a La Brune, St Brelade and the acquisition of Le Braye Sand Dunes, St Brelade and St Peter.

Decision Reference:

MD-PH-2006-0076

Exempt clause(s):

None

Type of Report: (oral or written)

Written

Person Giving Report (if oral):

N/A

Telephone or

e-mail Meeting?

N/A

Report

File ref:

12/2007/1

& 2048/1

Written Report –

Title

The sale of Field 246, Le Port, St Peter and a strip of land to the north of Le Mont a La Brune, St Brelade and the acquisition of Le Braye Sand Dunes, St Brelade and St Peter.

Written report - author

P Griffin

Decision(s):

As recommended by Property Holdings:

  1. The Minister for Treasury and Resources gives approval for the passing of the necessary contract before the Royal Court between the Public and Mr Jason King Simon in relation to:

  The sale of Field 246 St Peter, measuring approximately 10 vergées.

  The sale of a strip of land to the north of Le Mont a La Brune adjacent to the sand extraction quarry, measuring approximately 2.5 vergees.

  The acquisition of Le Braye Sand Dunes, St Brelade and St Peter, measuring approximately 27.5 vergées.

  A payment to Mr Jason King Simon of £5,000 and a contribution to his legal fees of £750.

  1. Under Standing Order 168 (1) (a) and 168 (3) the Minister for Treasury and Resources hereby notifies the States that he has accepted the recommendation of Property Holdings to agree to the above-mentioned land transaction.
  1. Under Standing Order 168 (5), the Minister hereby authorises the Attorney General and the Greffier of the States to pass any contracts on behalf of the Public of Jersey that may be necessary.

Reason(s) for decision:

1. The sale and acquisition of these areas of land will consolidate both parties land holding in the area bringing improved management.

2. The operational requirements of both Jersey Airport and the Environment Division are either maintained or improved.

3. Under Standing Order 168 (1) (a) and 168 (3) the Minister is required to notify the States of his acceptance of recommendations to dispose, acquire, let or rent land on behalf of the Public of Jersey.

Action required:

1. The Director of Property Holdings to request the Greffier of the States to notify the States of the above decision.

2. The Greffier of the States to notify Property Holdings and Law Officers’ Department of the date when the States has been notified.

3. After the expiry of 15 days following presentation to the States, request the Attorney General and the Greffier of the States to pass any contracts on behalf of the Public of Jersey that may be necessary.

Signature:

(Assistant Minister)[1]

Deputy J Le Fondré

Date of Decision:

MD-PH-2006-0076

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