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Sea Wall, Pontac to La Rocque, St Clement: Proposed Transfer of Land

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (30.07.2009) to approve the accquistion of the sea wall from Pontac to La Rocque.

Decision Reference: MD-PH-2009-0044

 

Decision Summary Title :

DS - The Sea Wall, Pontac to La Rocque, St Clement – Proposed Transfer of Land

Date of Decision Summary:

08 July 2009

Decision Summary Author:

Principal Property Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR - The Sea Wall, Pontac to La Rocque, St Clement – Proposed Transfer of Land - PBA 15/Gen/3

Date of Written Report:

08 July 2009

Written Report Author:

Principal Property Manager

Written Report :

Public or Exempt?

 

Report & Appendix A - Public

 

Appendices B-E – exempt 3.2.1(a)(i) & (x).

Subject: The Sea Wall, Pontac to La Rocque, St Clement – Proposed Transfer of Land

 

Decision(s):

 

1.      The Minister approved, as recommended by Jersey Property Holdings:

 

a.      the acquisition by the Public from the Crown of the land upon which the Pontac to La Rocque sea wall is built, and the reclaimed land to the rear, for the sum of £100.

 

b.      the cession by the Public of the respective parcels of land to each of the owners of the 63 private properties which adjoin the reclaimed land to the rear of the sea wall, thus establishing the boundary between the private properties and the Public property as the rear landward side of the wall, with all parties to be responsible for their own legal fees in passing contract before Royal Court.

 

Reason(s) for Decision:

 

1. Under Standing Order 168 (1) (a) the Minister hereby notified the States that he had accepted the recommendation of Jersey Property Holdings to agree to the above land transaction.

 

2. Under Standing Order 168 (5) the Minister hereby authorised the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public.

 

Resource Implications:

 

There are no financial implications in addition to those stated in the report and there are no manpower implications in respect of this decision.

 

Action required:

 

1.  In accordance with Standing Order 168 (3) this decision must be presented to the States at least 15 working days before the contract is passed.  After the expiry of 15 working days following presentation to the States the transaction may be concluded.

 

 

2.  The Director of Jersey Property Holdings is to instruct the Attorney General and the Greffier to pass the necessary contract and to copy this decision to the Minister, Treasurer and Deputy Treasurer. 

 

Signature:

 

 

Position:

 

(Assistant Minister)*                

        

MD-PH-2009-0044

Date Signed:

 

30/7/09

Date of Decision (If different from Date Signed):

 

 

 

 

 

 

 

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