The Heritage (Jersey) Law 202– has been adopted by the States of Jersey and establishes a statutory regime for the protection, reporting and preservation of archaeological and historical objects found on land or seabed within Jersey. The Law is not yet in force, pending Royal Sanction, Royal Court registration and commencement.
Purpose and Scope of the new heritage law
The Law aims to secure Jersey’s archaeological heritage by introducing statutory duties relating to reporting, assessment and preservation of objects of archaeological or historical significance. It applies to all land and seabed within Jersey, including the foreshore.
Definitions applicable to Property and Development
Key terms include ‘archaeological object’, which covers human‑made items at least 300 years old or otherwise historically significant, human remains, ancient animal remains, treasure trove and items constituting wreck. A ‘find’ includes one or more objects discovered together or within the same archaeological context. The Jersey Heritage Trust and the Receiver of Wreck are identified as responsible authorities.
Anticipated Operational Provisions
The Law anticipates mandatory reporting of finds, a Code of Practice to be published by the Minister, a reward mechanism for finders, and interactions with other legislation such as the Inquests and Post‑Mortem Examinations (Jersey) Law 1995 and Shipping (Jersey) Law 2002.
Implications for Clients in the Property and Construction Sector
Archaeological discoveries may delay development, require suspension of works and trigger reporting or assessment obligations. Clients should consider updating construction contracts, due diligence processes and risk‑allocation provisions. Foreshore and marine works will also fall within the Law’s scope.
Recommended Actions
Clients should review their existing documentation, establish internal procedures for archaeological discoveries, engage early with Jersey Heritage and assess the financial penalties that could apply under construction contracts for delays to the build programme.
Next Steps
Further updates will follow once the Law receives Royal Sanction, the full operative provisions become available and a commencement date is confirmed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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