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Environmental Pollution (Guernsey) Law, 2004 Part VI - Water Pollution Supplementary Policy Letter

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Committee for the Environment & Infrastructure - P.2022/69

  • Original Propositions

    • The States are asked to decide whether, after consideration of the Policy Letter entitled "Environmental Pollution (Guernsey) Law, 2004, Part VI - Water Pollution - Supplementary Policy Letter", dated 18th August 2022, they are of the opinion:
    • 1. To approve the amended maximum limits for the concentration of pollutants in surface water and groundwater as set out in Part I of Table 1 in Appendix 1, Part A to the policy letter.
    • 2. To approve:
    •     a. the changes to the categories of polluting works or other activities having to comply with listed requirements, breach of which will be an offence, from the broad works and other activities currently requiring a permit under the States Water Supply (Prevention of Pollution) Ordinance, 1966 to more specific works or other activities considered to give rise to a particular risk of water pollution as further detailed in paragraph 5 of, and Appendix 1, Part B to, the policy letter; and
    •     b. that the Director of Environmental Health and Pollution Regulation has a power by Regulations to amend the list of polluting works and other activities and the related technical requirements.
    • 3. To approve giving the Director of Environmental Health and Pollution Regulation a power in the new water pollution legislation, to take action to deal with water pollution, or a risk of the same, where works need to be carried out without delay or no person can be found on whom to serve an enforcement notice, so as to replace the current equivalent power held by the States' Trading Supervisory Board which will be repealed when the new water pollution legislation comes into force, as further detailed in paragraph 6 of the policy letter.
    • 4. To rescind resolution 1(e) of the 1st November, 2012 following Article VI of Billet d'État No XX1 of 2012, relating to providing an exemption from the licensing requirement under the Food and Environmental Protection Act 1985.
    • 5. Only if propositions 1 to 4 have been approved, to approve the draft Ordinance entitled "The Environmental Pollution (Guernsey) Law, 2004 (Commencement) Ordinance, 2022", as set out in Appendix 2 to the policy letter and to direct that the same shall have effect as an Ordinance of the States.
    • 6. Only if propositions 1 to 5 have been approved, to approve the draft Ordinance entitled "The Environmental Pollution (Water Pollution) Ordinance, 2022", as set out in Appendix 3 to the policy letter and to direct that the same shall have effect as an Ordinance of the States.
    • The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1)(c) of the Rules of Procedure of the States of Deliberation and their Committees.
  • Amendments

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P.2022/69 - Environmental Pollution (Guernsey) Law, 2004 Part VI - Water Pollution Supplementary Policy Letter

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