Tuesday 18 August 2015
From 1 September 2015 the Parochial Douzaine will be given enforcement powers for the cutting of hedges and clearing douits (watercourses). A new Parochial Appeals Tribunal will also be set up as a body to resolve any disputes between occupiers, landowners and the parishes.
The Parochial Administration Ordinance, 2013 comes into force on 1 September 2015 and will see a number of changes to the powers of the Douzaine in respect of the Cutting of Hedges Ordinance, 1953 which governs the cutting of roadside hedges and the Loi relative aux Douits, 1936 regarding the clearing of watercourses.
People will no longer face the possibility of criminal prosecution for failing to cut their roadside hedges or clear a watercourse. Instead a Warning Notice will give the occupier or owner seven days to cut the hedge or clear the douit. If the Warning Notice is not complied with, a Civil Penalty Notice will be issued. A Civil Penalty Notice imposes an initial fine of £50 and an ongoing fine of £5 a day until the hedge is cut and cuttings are cleared or the douit is cleared, cleaned or banks repaired.
Occupiers must still cut any roadside hedges and clear the resultant debris to ensure any douits on their land are free flowing and the banks in a good state of repair between 1 and 15 of June and between 15 and 30 of September.
A new Parochial Appeals Tribunal will also be set up as an independent body that will allow people served with either a Warning Notice or Civil Penalty Notice the right to appeal. Any decision of a Parish not to grant a bornement will also be appealed to the new Parochial Appeals Tribunal rather than to the Royal Court.
-ENDS-
Further information
An information note is available below which provides more detail on the proposed changes.
These changes to legislation were made following agreement of the States of Deliberation to the recommendations set out in the "Parochial Legislation Working Party" States Report (available here)
To find out more about the roles of the Parishes visit www.gov.gg/parishlife
