Sewerage (Guernsey) (Amendment) Law, 2012

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PROJET DE LOI

ENTITLED

The Sewerage (Guernsey) (Amendment) Law, 2012

THE STATES, in pursuance of their Resolution of the 1st February, 2007[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Island of Guernsey.

Amendment of the 1974 Law.

1. The Sewerage (Guernsey) Law, 1974, as amended[b], is hereby amended as follows -

(a) in section 2(2), for the words from "notifying them of the Committee's proposal" to the end, substitute -

(a) notifying them of the Committee's proposal to construct a public sewer,

(b) giving particulars of the right of appeal conferred by section 2A, and

(c) notifying them of their right to claim compensation for damage in accordance with the provisions of section 21 of this Law in the event of the exercise by the Committee of its powers to construct such public sewer under the provisions of section 2(2).",

(b) immediately after section 2(2) insert the following additional subsection -

" (2A) A recommendation to the States for their approval under the provisions of subsection (1)(b) shall not be submitted until the expiration of the period specified in section 2A(2) or, where an appeal is instituted under section 2A, until the appeal has been determined by the Royal Court or withdrawn.", and

"Appeal against notice.

2A. (1) A person on whom notice is served pursuant to section 2(2) may appeal to the Royal Court ("the Court") against the decision of the Committee to propose the construction of the public sewer referred to in such notice on the grounds that -

(a) the decision was ultra vires, or there was some other error of law,

(b) the decision was unreasonable,

(d) there was a lack of proportionality, or

(e) there was material error as to the facts or as to the procedure.

(2) An appeal under this section shall be instituted, within 21 days immediately following the date of the notice under section 2(2), in accordance with section 24.

(3) On an appeal under this section, the Court may-

(a) dismiss the appeal, or

(b) quash the Committee's decision to propose the construction of such public sewer.".

Citation.

2. This Law may be cited as the Sewerage (Guernsey) (Amendment) Law, 2012.

Commencement.

3. This Law shall come into force on the date of its registration on the records of the Island of Guernsey.

table
[a]	Article VI of Billet d'État No. III of 2007.
[b]	Ordres en Conseil, Vol. XXIV, p. 372; Ordinance No. XXXIII of 2003 - there are other amendments not relevant to this Law.