Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 February 2011 regarding: Mont Orgueil, St. Martin - Intention to list as Site of Special Ecological Interest.

Decision Reference MD-PE-2011-0013
Decision Summary Title :	Mont Orgueil SSI – Ecological Interest		Date of Decision Summary:
Decision Summary Author:	Natural Environment Officer – Legislation		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Notice of Intention to List Mont Orgueil as Site of Special Ecological Interest		Date of Written Report:	3 February 2011
Written Report Author:	Natural Environment Officer – Legislation		Written Report : Public or Exempt?	Public
Subject: Sites of Special Interest – Notice of Intention to List Mont Orgueil as Site of Special Ecological Interest
Decision(s): The Minister approved- 1. the proposal to include the place known as Mont Orgueil Castle, St Martin, on the List of Sites of Special Interest by reason of its special ecological, botanical and zoological interest, under the provisions of the Planning and Building (Jersey) Law 2002; and the serving of the Intention to List Notice in accord with the requirements of the Law.
Reason(s) for Decision: The proposal accords with the States Strategic Plan commitment of protecting the natural environment and conserving biodiversity.
Resource Implications: None
Action required: Intention to List Notices to be served in accord with the requirements of the Planning and Building (Jersey) Law 2002.
Signature: Senator F Cohen		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Mont Orgueil, St. Martin - Intention to list as Site of Special Ecological Interest

PLANNING AND ENVIRONMENT DEPARTMENT

ENVIRONMENT DIVISION

Sites of Special Interest Listing

Purpose of the Report

The purpose of this report is to ask the Minister to approve:

the proposal to include the place known as Mont Orgueil SSI, in the parish of St Martin, on the List of Sites of Special Interest by reason of its special ecological, botanical and zoological interest, under the provisions of the Planning and Building (Jersey) Law 2002; and
1. service of the Intention to List Notices in accord with the requirements of the Law.

Background and discussion

Article 51 of the Planning and Building (Jersey) Law 2002 states:

(1) The Minister shall maintain a list, called the List of Sites of Special Interest.

(2) The Minister shall include on the List each building or place that the Minister is satisfied has public importance by reason of –

(a) its special zoological, ecological, botanical or geological interest; or

(b) the special archaeological, architectural, artistic, historical, scientific or traditional interest that attaches to the building or place.

(3) On the List the Minister shall, in respect of each site of special interest –

(a) specify the site’s special interest;

(b) describe the site either in words or by reference to a plan, or both, with sufficient particularity to enable it to be easily identified;

(d) specify any activity referred to in Article 55(1) which may be undertaken on the site without the Minister’s permission.

(4) The Minister shall make the List available for inspection by the public at all reasonable hours.

(5) The Minister shall remove a building or place from the List if the Minister is satisfied that its special interest has ceased to exist.

(6) At least 28 days before doing so the Minister shall serve a notice of the Minister’s intention to do so.

(7) The notice shall be served –

(a) on the owner of the building; or

(b) by displaying it in a conspicuous place in or near the building or place.

The attached notice describes the site, its location both in words and on a map, and the justification for its inclusion on the list, in accordance with legal requirements.

In accordance with the Law, the notices of intention will be served by post on the owners.

The Law provides that following the service of notice of intention a period of 28 days is allowed to appeal the decision. A further report will be brought back to the Minister relative to any representations received.

Mont Orgueil Castle was designated as a Site of Special archaeological, architectural, cultural and historical Interest in December 2003.

Relevant Local Strategies and Plans

Strategic Plan 2006 - 2011

Listing of Sites of Special Interest complies with:

Commitment 1.1.1 and 1.1.2 implement the five Environmental Priorities in the Executive Summary of the “The State of Jersey – a report on the condition of Jersey’s environment (January 2005)” and the “Biodiversity Strategy for Jersey”,
Commitment 4.5. Increase in the number of Sites of Special Interest (SSI) registered and SSIs and other conservation designations are respected and such sites are protected from damage and development

Planning and Environment Business Plan 2010

Business Plan ref EMRE 4 : Ensure land of significant habitat value is protected.

Recommendation

That the Minister approves the listing of the places listed above.

Written by:	L Napton (Legislation Officer – Natural Environment)

Approved by:	Daniel Houseago (Director, Environmental Management and Rural Economy )

Attachments: Notice of intention to list, site plan, description and justification for:

i) Mont Orgueil SSI, St Martin

Ministerial Decision ref: