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Access to justice in environmental matters

United Kingdom

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The Bailiwick of Jersey is a Crown Dependency. Under Protocol 3 to the Accession Treaty of 1972 there is only a limited connection to the European Union for the purposes of free movement of goods. International environmental legislation such as the Basel Convention on Wastes 1989 is implemented by statutes such as the Waste Management (Jersey) Law 2005. Environmental issues are dealt with mainly by the Planning and Environment Department. EIA is provided for by the Planning and Building (Environmental Impact) (Jersey) Order 2006. Government decisions on environmental matters can be challenged in the Royal Court by a petition of doleance which is “a remedy of last resort” in which the petitioner bears a heavy burden to show that a grave injustice needs to be remedied – The Attorney General v Michel [2006] JRC089. There is no freedom of information legislation in force in Jersey. Statutory nuisances can be dealt by the Minister under the Statutory Nuisance (Jersey) Law 1999, section 8 of which enables an action by a person aggrieved by a nuisance for which the Minister is responsible. Individuals can bring an action against another person in customary law for a nuisance, which can include an injunction.

Last update: 14/09/2016

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