Harbours (Jersey)
Regulations 1962[1]
PART 1[2]
POWERS TO RESTRICT ACCESS, ETC.[3]
1 Restriction
of access – harbours and territorial waters[4]
(1) If
it appears to the authority necessary or expedient to do so, a harbour
authority may issue a direction –
(a) restricting
or prohibiting access to any part; or
(b) for a
specified purpose, reserving a specified part,
of a harbour under the
control of that authority.[5]
(2) If
it appears to the Minister necessary or expedient to do so, the Minister may
issue a direction –
(a) restricting
or prohibiting access to any part; or
(b) for a
specified purpose, and subject to such conditions as the Minister may consider
appropriate, reserving a specified part,
of any territorial waters.[6]
(3) The
harbour authority or, as the case may be, the Minister must publish a direction
issued under this Regulation.[7]
(4) A
person who contravenes a direction issued under this Regulation is guilty of an
offence and is liable to a fine of level 3 on the standard scale.
PART 2[8]
POWERS OF THE HARBOUR MASTER
2 Unserviceable
vessels and other obstructions
(1) The
Harbour Master may issue a direction requiring the removal of an unserviceable
vessel or other obstruction from a harbour.[9]
(2) The
direction must be –
(a) served
on the owner of the vessel or obstruction; or
(b) published
if the owner is unknown or cannot be traced.
(3) If,
within 7 days, the vessel or obstruction has not been moved in accordance
with the direction the harbour authority may cause the vessel or obstruction to
be moved.[10]
(4) If
the Harbour Master causes the vessel or obstruction to be moved –
(a) expenses
incurred in removing and storing the vessel or obstruction shall be payable by
the owner; and
(b) no
claim for damages shall lie against the Harbour Master, harbour authority or
any person who moved and stored the vessel or obstruction.[11]
(5) If –
(a) the
expenses mentioned in paragraph (4)(a) are not paid within 7 days of being
demanded; or
(b) the
owner of the vessel or obstruction cannot be found after reasonable enquiry,
the harbour authority may
dispose of the vessel or obstruction in such manner as the harbour authority
considers appropriate.[12]
(6) The
harbour authority must pay any proceeds arising from the disposal, after
deduction of the expenses incurred –
(a) to
the owner; or
(b) if no
owner can be found, into the consolidated fund.[13]
(7) For
the purpose of this Regulation a vessel or obstruction is to be taken to be
unserviceable or abandoned –
(a) if it
appears to the Harbour Master to be abandoned due to its state of neglect, lack
of maintenance or lack of attention by its owner; or
(b) where
it is occupying a space in return for the payment of a fee, charge or other
consideration, if the fee, charge or other consideration has not been paid.
3 General
(1) The
Harbour Master may give directions –
(a) to
regulate the time at, and the manner in which, a vessel may enter into, go out
of, or lie in, a harbour;
(b) to
regulate a vessel’s position, mooring or unmooring, placing and removing,
while in a harbour.
(2) The
Harbour Master may give directions to regulate the time at, and the position in
which a vessel may –
(a) take
in or discharge its cargo or any part of its cargo;
(b) take
in or land its passengers;
(c) take
in or deliver ballast,
within a harbour.
(3) The
Harbour Master, or a person authorized to do so by the Harbour Master, may give
directions and orders necessary –
(a) to
maintain order in a harbour;
(b) to
control the movement of persons and vehicles in a harbour;
(c) to
maintain security in a harbour;
(d) to
maintain safety in a harbour.
(4) A
person must comply with a direction or order given in accordance with paragraph (3)
that is applicable to the person.
(5) The
harbour authority may give directions in respect of –
(a) the circulation and parking of vehicles in a harbour;
(b) the charges
to be paid to park a vehicle in a harbour or in any part of a harbour.[14]
(6) Despite
Regulation 2, the Harbour Master may cause to be removed any vessel or
obstruction from –
(a) a
harbour; or
(b) territorial
waters,
where the Harbour Master
is satisfied that its immediate removal is necessary.
4 Permits
for use of facilities or provision of services[15]
(1) For
the purposes of Article 4A of the Law, the use of certain facilities or
the provision of certain services may be designated in accordance with
paragraphs (4) and (5) of this Regulation as facilities or services which
may not be used or, as the case may be, provided except in accordance with a
permit issued under Regulation 5.
(2) It
is an offence punishable by a fine to use a designated facility or to provide a
designated service without such a permit.
(3) It
is an offence punishable by a fine of level 3 on the standard scale to use
a designated facility or to provide a designated service otherwise than in
accordance with the terms, conditions or limitations of or in such a permit.[16]
(4) A
harbour authority may designate a facility to be used, or a service to be
provided, in a harbour or (subject to paragraph (5)) in territorial waters
as a facility or a service to which this Article applies, but in doing so the
harbour authority must –
(a) follow
the policy guidelines specified in Schedule 1; and
(b) publish
details of the designation.
(5) A
harbour authority may not make a designation under paragraph (4) in
relation to the use of a facility or the provision of a service in territorial
waters unless directed to do so by the Minister.
(6) The
Minister may, by written notice, direct the harbour authority –
(a) to
make such a designation under paragraph (4) as is specified in the
direction; or
(b) to
amend, in the manner specified in the direction, a designation made under
paragraph (4).
(7) Where
the Minister gives a direction in accordance with paragraph (6) –
(a) the
Minister shall lay a copy of the written notice before the States at the earliest
opportunity; and
(b) the
harbour authority shall act in accordance with the direction.
(8) A
requirement for a licence under Part 3 of the Air
and Sea Ports (Incorporation) (Jersey) Law 2015 shall not apply to any
facility or service in relation to which the Minister has directed a harbour
authority to make or amend a designation in accordance with paragraph (6).
(9) An
offence under paragraph (3) may be charged by reference to a day or any
longer period of time and a person may be convicted of a second offence or
subsequent offences under that paragraph by reference to any period of time
following the preceding conviction for such an offence.
(10) Any
designation made by the Harbour Master before the commencement of this
provision shall continue in full force and effect as if it were a designation
made by the harbour authority under paragraph (4), and as though any
reference in such designation to the Harbour Master were a reference to the
harbour authority.
(11) Any
direction given by the Minister before the commencement of this provision shall
continue in full force and effect but as though any reference in that direction
to the Harbour Master were a reference to the harbour authority.
5 Permits
(1) This
Regulation applies where the harbour authority has designated a facility or
service under Regulation 4(4).[17]
(2) A
person who wants to acquire a permit to use the designated facility or to
provide the designated service, as the case may be, must apply to the harbour
authority for the permit.[18]
(3) The
application must be made in such form as the harbour authority may publish.[19]
(4) The
harbour authority must publish the application and seek comment from those
likely to be affected.[20]
(5) When
considering the application the harbour authority must follow the policy
guidelines specified in Schedule 1.[21]
(6) The
harbour authority must also take into account any relevant –
(a) policy
of the States as conveyed to the harbour authority by the Minister; and
(b) comments
received as a result of publishing the application.[22]
(7) After
considering the application the harbour authority may –
(a) issue
the permit;
(b) refuse
to issue the permit; or
(c) issue
the permit subject to terms (including terms requiring the payment of fees or
charges), conditions and limitations.[23]
(8) The
harbour authority may at any time –
(a) amend
the terms, conditions or limitations attached to a permit; or
(b) suspend
or revoke a permit.[24]
(8A) Any
permit issued by the Harbour Master before the commencement of this provision
shall continue in full force and effect and as though issued by the harbour
authority.[25]
(9) If
the harbour authority takes any action mentioned in paragraph (7)(b)
or (c) or paragraph (8), the harbour authority must give the
applicant for, or holder of, the permit –
(a) written
reasons for doing so; and
(b) notice
of his or her right to appeal under paragraph (10).[26]
(10) The
applicant or holder may, within 28 days of receiving those reasons and the
notice, appeal to the Royal Court against the action taken by the harbour
authority on the grounds that taking the action was not reasonable in the
circumstances.[27]
(10A) In a case where the designation was
made or amended pursuant to a direction given to the harbour authority by the
Minister under Regulation 4(6), the Minister shall be joined as a party in
the appeal.[28]
(11) The
Royal Court may –
(a) uphold
the action taken by the harbour authority; or
(b) direct
the harbour authority to take such other action as the Court considers
appropriate.[29]
(12) The
harbour authority must comply with the direction.[30]
(13) In
reaching its decision, the Royal Court must take into account the extent to
which the harbour authority has complied with paragraphs (5) and (6).[31]
6 Use
of facility or provision of a service by agreement
(1) For
the purposes of Article 4A of the Law, the use of certain facilities or
the provision of certain services may be designated in accordance with
paragraph (3) of this Regulation as facilities or services which may not
be used or, as the case may be, provided except under and in accordance with an
agreement as provided by this Regulation.[32]
(2) It
is an offence punishable by a fine –
(a) to
use a designated facility; or
(b) to
provide a designated service,
without an agreement as
provided by this Regulation.[33]
(3) A
harbour authority may designate a facility to be used, or a service to be
provided, in a harbour as a facility or a service to which this Article
applies, but in doing so the harbour authority must –
(a) follow
the policy guidelines specified in Schedule 1; and
(b) publish
details of the designation.[34]
(4) Where
a harbour authority has made a designation under paragraph (3), and
subject to paragraph (5), the authority may enter into an agreement with a
person for the use of the designated facility or the provision of the
designated service, as the case may be.[35]
(5) Before
entering into such an agreement, the harbour authority may publish details of
the proposed agreement and seek comments from those likely to be affected by
it.[36]
(6) In
negotiating the terms of such an agreement, the harbour authority
must –
(a) follow
the policy guidelines specified in Schedule 1; and
(b) have
regard to any relevant comments received following publication of the proposed
agreement.[37]
PART 3
DUTIES OF MASTER AND OWNER
7 Masters
to comply with directions of Harbour Master
(1) The
master of every vessel within a harbour shall comply with any directions given
by the Harbour Master in pursuance of these Regulations and any master of a
vessel who fails to carry out such directions shall be liable to a fine not
exceeding level 3 on the standard scale.[38]
(2) Without
prejudice to the provisions of paragraph (1), if directions given by the
Harbour Master in pursuance of Regulation 3(1) or (2) require the movement of a
vessel within a harbour and the master of the vessel fails to carry out such
directions, the Minister may instruct the harbour authority, and any person
authorized by the harbour authority in that behalf, to move the vessel, and any
expenses incurred in removing such vessel shall be payable by the owner and no
claim for damages shall lie against the Minister or the harbour authority in
connection with such removal.[39]
8 Communication to be made
by vessel bound for harbour[40]
(1) The
master of a vessel that –
(a) is
bound for a harbour in Jersey; and
(b) is
equipped with a means of communication by radio telephone,
must, on arrival in
territorial waters, establish communication with Jersey Coastguard, and
maintain the communication until the vessel enters the harbour or leaves
territorial waters.
(2) The
master of a vessel that is in territorial waters bound for a harbour in Jersey
must, at the first opportunity to do so, inform the Harbour Master of any
deficiency or incident that may –
(a) decrease
the normal safe manoeuvrability of the vessel; or
(b) constitute
a hazard to the marine environment or adjacent areas, or both.
9 Reporting[41]
The master of any vessel
arriving in Jersey from a port outside Jersey, shall, in advance of its arrival
within any harbour, notify to the Harbour Master –
(a) the
name of the vessel;
(b) its
length and draught;
(c) its
port of destination;
(d) the
estimated time of its arrival at its port of destination or the pilot station,
if a pilot is required;
(e) if
the vessel is carrying cargo, the nature and quantity of the cargo.
10 Collision Regulations[42]
The master of a vessel
within a harbour must observe and obey the Regulations for preventing
collisions at sea made in pursuance of the Shipping
(Jersey) Law 2002.
11 Speed
of vessels[43]
(1) The
Harbour Master may issue directions limiting the speed at which vessels may
travel in any part of a harbour or of territorial waters.
(2) The
Harbour Master must publish a direction issued under paragraph (1).
(3) The
master of a vessel must comply with any direction published in accordance with
this Regulation that is applicable to the vessel.
12 Charge of moored vessels
The master of a vessel
exceeding 80 tons gross registered tonnage shall cause at least one responsible
person to be on board at all times while the vessel is moored in a harbour.
13 Means
of boarding and leaving vessel
The master of every
vessel moored alongside a quay shall provide a device, of a type approved by
the Harbour Master, for enabling persons to board and leave the vessel with
safety, and shall ensure that the same is adequately lighted between sunset and
sunrise.
14 Off-mooring
ropes
The master of a vessel
shall not, without the permission of the Harbour Master, permit any off-mooring
ropes to be placed and left out in any harbour.
15 Dropping
of mooring anchors to be reported
If any vessel drops
anchor in order to assist in the mooring of the vessel alongside a quay, the
master shall cause the fact to be reported to the Harbour Master as soon as
possible.
16 Lost
anchors, etc. to be reported[44]
(1) This
Regulation applies if –
(a) a
vessel within a harbour parts from its anchor;
(b) a
vessel (other than a small ship) within the territorial water parts from it
anchor; or
(c) a
vessel in a harbour on in territorial waters loses anything overboard that may
cause an obstruction on the sea bed.
(2) The
master of the vessel must report the incident to the Harbour Master as soon as
possible.
(3) In
this Regulation, “small ship”
means a vessel that is less than 24 metres in length when its length is
determined in accordance with the Tonnage Regulations.
PART 4
PROVISIONS GOVERNING SHIPS BRINGING PETROLEUM SPIRIT INTO A HARBOUR
17 Red
light or flag to be displayed
The master of every
petroleum ship shall, on nearing a harbour, and during the time that the ship
remains in harbour, display, by day a red flag not less than 3 feet square with
a white circular centre 6 inches in diameter, and by night a red light in a
position specified by the Harbour Master.
18 Notice
of cargo to be given
The owner or master of
every petroleum ship on entering a harbour shall, without delay, inform the
Harbour Master of the quantity of petroleum spirit carried on the ship and of
the manner in which the petroleum spirit is stowed.
19 Berthing
of ship
(1) The
master of every petroleum ship shall anchor or moor the ship at such place as
the Harbour Master may from time to time direct, and shall not, without the
permission of the Harbour Master, remove the ship therefrom except for the purpose
of leaving the harbour.
(2) No
petroleum ship shall be anchored or moored at any place other than one approved
by the Harbour Master.
20 Loading
and discharging of petroleum spirit[45]
The following
requirements with respect to the loading or discharging of petroleum spirit
from a petroleum ship within a harbour shall be observed –
(a) before
any petroleum spirit is loaded or discharged, due notice shall be given to the
Harbour Master of the time and place of such loading or discharge;
(b) petroleum
spirit shall only be loaded or discharged at such place as the Harbour Master
may direct;
(c) before
any petroleum spirit contained in casks, barrels or other vessels is
discharged, the holds of the ship shall be thoroughly ventilated and, after all
petroleum spirit has been removed from the ship, the holds and tanks shall be
rendered free from flammable vapour:
Provided that this
requirement shall not apply in the case of a ship which leaves a harbour
without delay after the discharge of petroleum spirit, or remains only for the
purpose of taking on board bunkers, stores or ballast, or for such other
purposes as may be approved by the Harbour Master, and of which the tanks are
closed down immediately after the discharge of the petroleum spirit;
(d) where
anything occurs during the loading or discharge of petroleum spirit between
sunset and sunrise to necessitate a repair to the plant, pipes or connections
or to interfere in any way with the uninterrupted loading or discharge of the
petroleum spirit, loading or discharge shall be discontinued until after
sunrise;
(e) from
the time when the holds or tanks of the ship are first opened for the purpose
of loading or discharging petroleum spirit, until such time as all petroleum
spirit has been loaded into or removed from the holds or tanks and the holds or
tanks have been securely closed down and, in the case of a discharging,
rendered free from flammable vapour, there shall be no fire or artificial light
on board the ship or within a distance of 20 metres of the place where the
petroleum spirit is being loaded or discharged:
Provided that this
requirement shall neither prevent the use of lamps, heaters, cookers or other
apparatus, electric or otherwise, designed, constructed and maintained in
accordance with Lloyd’s Register of Shipping or other approved
Classification Society’s requirements in relation to the position in the
ship in which it is installed, nor shall it be deemed to prohibit the loading
or discharge of a ship under conditions approved by the Harbour Master by means
of steam from its own boilers or power generated by electric motors or internal
combustion engines designed, constructed, installed, positioned and maintained
in accordance with the requirements of Lloyd’s Register of Shipping or
other approved Classification Society’s requirements;
(f) adequate
steps shall be taken to prevent any person from smoking at or near the place
where petroleum spirit is being loaded or discharged and to prevent any person
engaged in such loading or discharge from carrying fuses, matches or any
appliance whatsoever capable of producing ignition;
(g) no
petroleum spirit contained in casks, barrels or other vessels shall be loaded
or discharged in a harbour, unless such vessels are staunch and free from
leakage, and are of such strength and construction as not to be broken or to
leak, except in case of gross carelessness or extraordinary accident;
(h) all
pipes and other appliances used in the loading and discharge of petroleum
spirit in bulk shall be free from leakage and all pipe lines and hoses shall,
whilst rigged for loading or discharging petroleum spirit, be adequately and
continuously earthed and kept under constant supervision;
(i) when
the loading or discharging of petroleum spirit has been commenced, such loading
or discharge shall be carried out without interruption and, if it is
discontinued, the tanks and holds of the ship shall immediately be closed;
(j) no
petroleum spirit contained in casks, barrels or other vessels shall be
discharged at any place until the ship or vehicle by which the petroleum spirit
is to be removed is at the appropriate place in readiness to receive the same;
(k) all
petroleum spirit landed in a harbour shall forthwith be removed therefrom, or
taken to some place of storage approved for that purpose by the Minister;
(l) no
petroleum spirit shall be brought to the place of loading until the ship into
which it is to be loaded is ready to receive the same;
(m) no
petroleum spirit shall be discharged or allowed to escape into the waters of any
harbour;
(n) all
due precautions shall be taken for the prevention of accident by fire in
loading or discharging petroleum spirit;
(o) iron
or steel hammers or other instruments capable of causing a spark shall not be
used for the purpose of opening or closing the hatches or tank lids of the
ship, or in the carrying out of work on the hull of the ship, until the
petroleum spirit has been discharged and the vapour cleared;
(p) adequate
steps shall be taken to ensure that during the loading or discharge of
petroleum spirit, no unauthorized persons shall enter an area defined by the
Harbour Master for the purpose of such loading or discharge.
21 Fire
precautions[46]
Fires and lights other
than those designed, constructed and maintained so as to be incapable of igniting
flammable vapour, shall not be used at any place at which petroleum spirit is
being loaded or discharged or at which petroleum spirit is lying and notices
shall be prominently displayed in any such place calling attention to the
prohibition.
22 Distance
between ships
Petroleum ships shall
not, except for the purposes of transhipment, lie within 30 metres of one
another, unless, in the opinion of the Harbour Master, it is impossible to
maintain such distance.[47]
23 Watchman
Every petroleum ship
shall be watched by a competent person on board the ship until all petroleum
spirit on board has been loaded or discharged and the holds or tanks securely
closed down, and every petroleum ship shall at all times have on board a
responsible person to carry out and give effect to the provisions of this Part.
24 Inspection
The master of a petroleum
ship shall, when required to do so by the harbour authority (or any officer
duly authorized for the purpose by the authority), afford every reasonable
facility to enable such officer to ascertain whether the requirements of this Part
are being carried out.[48]
25 Penalties
In the event of any
contravention of this Part, the owner and master of any ship on or in relation
to which the contravention occurs and, except in the case of a contravention in
respect of the mooring of a ship, the owner of any petroleum spirit in respect
of which the contravention occurs, shall each be guilty of an offence and shall
be liable to a fine for every day on which the offence occurs or continues:
Provided that it shall be
a good defence –
(a) if
the proceedings are against the owner or master of a ship for an offence in
respect of the loading or discharging of petroleum spirit, to prove that all
reasonable means were taken by the master to prevent the commission of the
offence, and that the offence was not caused or facilitated by any act or
neglect on the part of the owner or any person engaged or employed by the owner
or master; and
(b) if
the proceedings are against the owner of petroleum spirit for an offence in
respect of the loading or discharging thereof or in respect of any failure to
observe precautions required to be observed with respect to ships carrying
petroleum spirit whilst in harbour, to prove that the offence was not caused or
facilitated by any act or neglect on the owner’s part or on the part of
any person engaged or employed by the owner. [49]
26 Interpretation
of Part 4[50]
In this Part–
“petroleum”
includes crude petroleum, oil made from petroleum or from coal, shale, peat or
other bituminous substances, and other products of petroleum;
“petroleum
spirit” means such petroleum as when tested in the manner set forth in
the Second Schedule to the Petroleum (Consolidation) Act 1928 of the
United Kingdom, gives off a flammable vapour at a temperature of less than 23°;
“petroleum ship”
means any ship having on board or about to take on board a cargo the whole or
any part of which consists of petroleum spirit, or any ship having discharged
petroleum spirit if the holds and tanks have not been rendered free from flammable
vapour to the satisfaction of the Harbour Master.
PART 5[51]
PROVISIONS GOVERNING THE CONVEYANCE, LOADING AND UNLOADING OF
EXPLOSIVES
27 General
Explosives ships shall berth only
in St. Helier Harbour.
28 Exceptions
The following categories
of explosives shall be exempt from the provisions of this Part–
(a) manufactured
small arms ammunition;
(b) fireworks;
(c) explosives
brought into the harbour area by road or conveyed therein for immediate use in
the course of or in connection with harbour works under a licence granted in
accordance with the Explosives
(Jersey) Law 1970.
29 Notice
to be given to the Harbour Master
(1) The
master of an explosives ship shall give 48 hours’ notice to the Harbour
Master or such notice as is reasonable in the case of a voyage of less than 48
hours before the ship enters the harbour.
(2) The
owner or master of an explosives ship shall before entering the harbour inform
the Harbour Master of the quantity by weight of explosives carried in the ship.
30 Limit
on the quantity of explosives
Before allowing an
explosives ship to enter the harbour, the Harbour Master shall be satisfied
that the consignment of explosives for unloading in the harbour corresponds
with the types and quantities listed in any import licence issued in accordance
with Article 2 of the Explosives
(Jersey) Law 1970.[52]
31 Berthing
of an explosives ship
(1) The
master of every explosives ship shall anchor or moor the ship at such place as
the Harbour Master may from time to time direct, and shall not, without the
permission of the Harbour Master, remove the ship therefrom except for the
purpose of leaving the harbour.
(2) No
explosives ship shall be anchored or moored at any place other than one
approved by the Harbour Master.
(3) The
master of every explosives ship shall provide and have available for immediate
use adequate towing ropes or wires at bow and stern properly turned up and
secured to mooring bits and having the towing eyes passed outboard and
maintained to about water level.
(4) The
master of every explosives ship shall, on nearing the harbour, and during the
time that the ship remains in harbour, display by day, the International Code Flag
“B” which shall not be less than 3 feet square, and by night a red
light in a position above any other light which the vessel may display.
(5) Only
one explosives ship shall enter or remain in the harbour at any one time.
(6) Explosives
ships shall only berth in the harbour at the following times during the given
periods –
(a) 1st
October to 31st March – 30 minutes before sunrise to 0900 hrs. local
time;
(b) 1st
April to 30th September – 30 minutes before sunrise to 0800 hrs. local
time.
32 Loading
and unloading procedures
(1) No
explosives shall be loaded from or unloaded at any berth other than a berth
designated for that purpose by the Harbour Master.
(2) The
master of an explosives ship shall designate an officer of that ship who shall
have the duty to supervise and be present throughout the loading or unloading
from the ship of any explosives and the master shall inform the Harbour Master
of the name of the officer who has been designated for this purpose.
(3) No
person under the influence of drink or drugs to such an extent that the person’s
actions are not under proper control shall be allowed into the hold of any ship
into or out of which any explosives are being loaded or unloaded or to approach
any such explosives while they are being loaded or unloaded into or out of any
such ship.
(4) No
explosives or package containing explosives shall be thrown down or roughly
handled and when any explosives or package containing explosives is being
loaded due precaution shall be taken to prevent its falling.
(5) No
explosives shall be placed on any quay until the vehicle by which they are to
be removed therefrom is at the place in readiness to receive them.
(6) When
the loading or unloading of explosives has been commenced, such loading or
unloading shall proceed with due diligence.
(7) The
quay, the hold of any explosives ship and the floor of any vehicle into or from
which explosives have been or are to be loaded or unloaded shall be carefully
cleaned and swept immediately before and after such loading or unloading.
(8) If
any explosives shall be spilt or escape from the package in which they are
contained such explosives shall immediately be carefully collected and
deposited in a safe and secure place. The occurrence shall be reported
forthwith to the Harbour Master by the officer charged under paragraph (2)
with the supervision of the loading or unloading.
(9) Adequate
steps shall be taken by the Harbour Master to ensure that, during the loading
or unloading of explosives, no unauthorised persons shall enter a defined area
in the vicinity of such loading or unloading.
(10) Subject
to the direction of the Harbour Master, the officer charged under paragraph (2)
shall not permit the loading or unloading of explosives in weather conditions
which are likely to give rise to any danger. In particular the handling of
explosives shall cease when an electrical storm is in progress within 5 miles
of the harbour entrance. All hatches in the ship shall be battened down.
(11) The
officer charged under paragraph (2) shall ensure that detonators are
loaded or unloaded from the ship separately from other types of explosives. At
the same time the officer shall ensure that detonators are not loaded or
unloaded whilst a radar signal is being emitted within a radius of 100 feet of
the detonators.
33 Precautions
against fire and explosion during loading and unloading
(a) On
the explosives ship –
(i) in
a ship containing any explosives no matches other than safety matches shall be
kept for use and such safety matches shall be kept in a safe place apart from
such explosives,
(ii) before
the loading or unloading of any explosives into or from any ship is begun, and
throughout the time that such loading or unloading continues, the master of
that vessel shall, after consulting where necessary the Harbour Master, ensure
so far as the master is able that all due precautions are taken to prevent the
risk of fire or explosion arising in the course of such loading or unloading,
(iii) during
the loading or unloading of any explosives into or from any ship, that ship
shall have its fire fighting appliances on board readily available for use,
(iv) during the
loading or unloading of any explosives into or from any ship there shall be no
artificial lights on board that vessel other than the ship’s permanent
lighting installation,
(v) except
with the permission of the Harbour Master no bunkering shall take place during
the loading or unloading of any explosives into or from that ship nor at any
time when the hatches of the explosives storage compartments are off,
(vi) no repair
work of any kind shall be carried out at or near any place in a ship in which
explosives are being stowed.
(b) On
the quay –
(i) whilst
any explosives are being loaded into or unloaded from any ship all persons
engaged in such loading or unloading shall take all due precautions to prevent
unauthorised persons having access to the explosives and shall abstain from any
act which is not reasonably necessary for the purposes of such loading or
unloading and which could lead to a fire or explosion being caused and shall
use every reasonable endeavour to prevent any other person from committing any
such act,
(ii) no person
shall when at or near a place where any explosives are being loaded into any
ship or vehicle or unloaded from any vessel or vehicle smoke or have about the person’s
person any match or means of striking a light. The Harbour Master shall ensure
that a notice drawing attention to this restriction shall be exhibited near
where the explosives are being loaded or unloaded,
(iii) any
fork lift truck or other mechanical equipment used for loading or unloading
explosives shall be of a type not likely to give rise to accidental ignition of
the explosives,
(iv) the Harbour
Master must ensure that adequate and properly tested fire fighting facilities
are provided in the vicinity of any ship loading or unloading explosives,
(v) no
repair work of any kind shall be carried out to the quay or to equipment on the
quay within 200 feet of the place at which explosives are being loaded or
unloaded.[53]
34 Conveyance
of explosives by road
(1) Explosives
once unloaded on a quay in the harbour shall be forthwith removed therefrom in
accordance with a conveyance licence issued by the Minister
for Justice and Home Affairs under Article 7 of the Explosives
(Jersey) Law 1970.[54]
(2) Before
any explosives are brought into the harbour for loading into an explosives ship
the owner of the explosives shall notify the Harbour Master of the nature and
the quantity of the explosives together with the estimated date of re-shipment.
In turn the Harbour Master will provide berthing arrangements for the
explosives ship.
(3) No
explosives shall be brought into the harbour for shipment until the explosives
ship onto which those explosives are to be loaded is berthed in the harbour and
the explosives shall be loaded on that ship forthwith.
35 Facilities
for inspection
The master of an
explosives ship shall when so required by the Harbour Master or other officer
duly authorized by the Minister afford every reasonable facility to enable such
officer to ascertain whether the requirements of this Part are carried out.
36 Technical
advice
The Harbour Master shall,
if the Harbour Master considers it necessary, consult with the appropriate
officer in an administration of the States for which the Minister is assigned
responsibility to obtain technical advice regarding the practical handling and
effects of explosive materials and shall liaise with that officer regarding the
requirements of the Explosives
(Jersey) Law 1970.
37 Power
to grant exemption[55]
The harbour authority may
grant exemption from the operation of any of the provisions of this Part of
these Regulations, if prior approval for the exemption has been given in
principle by the Minister for Justice and Home Affairs having regard to that
Minister’s obligations to safeguard the interests of the public under
Articles 2(2) and (3) of the Explosives
(Jersey) Law 1970.
38 Penalties
In the event of any
contravention of this Part the owner and master of any explosives ship on or in
relation to which the contravention occurs and, except in the case of a
contravention in respect of the mooring of an explosives ship, the owner of any
explosives in respect of which the contravention occurs, shall each be guilty
of an offence and shall be liable to a fine for each offence and a fine of
level 2 on the standard scale for each day during which the offence continues
and forfeiture of all or any part of the explosives of which the breach has
taken place:
Provided that it shall be a good defence –
(a) if
the proceedings are against the owner or master of an explosives ship for an
offence in respect of the loading or unloading of explosives, to prove that all
reasonable means were taken by the master to prevent the commission of the
offence, and that the offence was not caused or facilitated by any act or
neglect on the part of the owner or any person engaged or employed by the owner
or master; and
(b) if
the proceedings are against the owner of explosives for an offence in respect
of the loading or unloading thereof or in respect of any failure to observe
precautions required to be observed with respect to explosives ships whilst in
the harbour, to prove that the offence was not caused or facilitated by any act
or neglect on the owner’s part or on the part of any person engaged or
employed by the owner. [56]
39 Interpretation
of Part 5
In this Part–
“berth” means
any place at which a vessel might lie;
“explosives”
means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders,
fulminate of mercury or of other metals, and every other substance, whether
similar to those above-mentioned or not, used or manufactured with a view to
produce a practical effect by explosion or a pyrotechnic effect, and includes
fuses, rockets, detonators, and every adaptation or preparation of an explosive
as above defined;
“explosives ship”
means any ship or vessel having on board or about to take on board a cargo of
explosives;
“vehicle”
includes any carriage or articulated trailer used for the conveyance of goods
by road.
PART 6[57]
PROVISIONS CONCERNING
SEA-GOING TANKERS CARRYING OIL, GAS OR CHEMICALS
40 Interpretation of Part 6
In this Part–
“chemicals”
means any substance listed in Chapter 17 of the IBC Code;
“gas” means
any substance to which the IMO Code for Existing Ships carrying Liquefied Gases
and the IMO Code for Ships carrying Liquefied Gases (being gas as defined in paragraph
1.2.1 of each of those Codes) apply;
“IMO” means
the International Maritime Organisation;
“IMO Code for
Existing Ships carrying Liquefied Gases” means the Code for Existing
Ships carrying Liquefied Gases in Bulk published by IMO in London in 1976
(as amended by the 1st to 3rd Sets of Amendments published from 1978
to 1980);
“IBC Code for Ships
carrying Dangerous Chemicals” means the International Code for the
Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (as
published and amended from time to time by the IMO);
“IMO Code for Ships
carrying Liquefied Gases” means the Code for the Construction and
Equipment of Ships carrying Liquefied Gases in Bulk published by IMO in London
in 1976 (as published and amended from time to time by the IMO);
“master” means
any person (except a pilot) having command or charge of a tanker;
“oil” means
petroleum in any form, including crude oil, fuel oil, and refined products
(other than a substance listed in Chapter 17 of the IBC Code);
“tanker” means
a ship of 1,600 gross register tonnage or over (and the gross tonnage of a ship
having alternative gross tonnage shall be taken to be the larger of those
tonnages), which is constructed or adapted for the carriage of oil, chemicals
or gas in bulk.[58]
41 Application
(1) Subject
to paragraph (2), this Part applies to all tankers (whether or not
registered in Jersey) which –
(a) are carrying a cargo of chemicals, gas or
oil in bulk; or
(b) having previously carried such a cargo, have
discharged that cargo but whose tanks are not free of vapours given off by
residues of such cargo, and have an atmosphere which has not been rendered
non-flammable.
(2) This
Part shall not apply to any ship belonging to His Majesty or owned or operated
by any State and used, for the time being only on the non-commercial service of
that State.[59]
42 Reporting
(1) The
master of a tanker to which this Part applies shall, on arrival in territorial
waters, notify to the Harbour Master, in addition to the information required
under Regulation 6, the following information –
(a) the country in which the tanker is registered;
(b) the nature and quantity of any chemicals,
gas or oil carried by the tanker;
(c) whether the tanker is fitted with an inert
gas system;
(d) whether the inert gas system, if fitted, is
fully operational;
(e) whether the cargo tanks have an atmosphere
which has been rendered non-flammable;
(f) whether or not a certificate has been
issued in respect of the tanker –
(i) if its cargo
includes chemicals, that it complies –
(aa) in the case
of a ship built before 1st July 1986, with the IMO Code for the Construction
and Equipment of Ships carrying Dangerous Chemicals in Bulk published by the
IMO in London in 1977, or
(bb) in the case
of a ship built on or after 1st July 1986, with the IBC Code for Ships
carrying Dangerous Chemicals; and
(ii) if
its cargo includes gas, that it complies with the IMO Code for Existing Ships
carrying Liquefied Gases or with the IMO Code for Ships carrying Liquefied
Gases;
(g) any defect in the hull, machinery or
equipment of the tanker, which may –
(i) affect materially
the safe manoeuvrability of the tanker,
(ii) affect
materially the safety of other vessels in or in the vicinity of or in the
approaches to the harbour,
(iii) constitute
a hazard to the marine environment, or
(iv) constitute
a hazard to persons or property on land or in the vicinity of the harbour.[60]
(2) The
master of a tanker to which this Part applies shall in advance of entering any
harbour forthwith notify the Harbour Master of any change in the information
notifiable under paragraph (1)(g) which occurs after such information was
notified to the Harbour Master.
(3) While
a tanker to which this Part applies is in any harbour the master of that tanker
shall notify the Harbour Master of any change which occurs in the information
notifiable under paragraph (1)(g) or (2).
(4) If
any pilot licensed under the Pilotage
(Jersey) Law 2009 having boarded a tanker to which this Part applies
to pilot it into or out of a harbour, has reason to believe that there are
defects which may prejudice the safe navigation of the tanker, and which have
not been notified to the Harbour Master in accordance with paragraph (1)(g),
(2) or (3), the pilot shall invite the master of the vessel to make such a
notification and, if the master fails to do so, shall forthwith notify the
Harbour Master of the defect.[61]
43 Check list
The master of a tanker to
which this Part applies shall make available a check list in the form set out
in Schedule 2 and completed in respect of the tanker, to –
(a) any
pilot licensed as aforesaid boarding the tanker to pilot it into a harbour; and
(b) if
the Harbour Master so requests, the Harbour Master.
44 Offences
(1) If
there is a contravention of any of this Part the owner and master of the tanker
shall be guilty of an offence and liable to a fine. [62]
(2) If
a pilot contravenes Regulation 42(4), the pilot shall be guilty of an offence
and liable to a fine not exceeding level 3 on the standard scale. [63]
(3) In
any proceedings under Regulation 42(1)(g), it shall be a defence to prove that
the master had no knowledge, or had not been informed by a pilot, of the defect
in question.
PART 7[64]
LOADING AND UNLOADING OF
GOODS AND EMBARKATION AND DISEMBARKATION OF PASSENGERS
45 Goods
(1) The
Harbour Master may give directions in respect of the loading and unloading of
goods on and from a vessel in a harbour.
(2) The
harbour authority may publish a notice providing that if a person, without the
Harbour Master’s permission, allows goods to remain on a harbour in
excess of the period specified in the notice the person shall be liable to the
charges specified in the notice.[65]
(3) In
addition, if the Harbour Master considers that the goods are interfering with
the normal working of the harbour, the Harbour Master may remove them to such
other place, within or outwith the harbour, as the Harbour Master thinks fit.
(4) The
harbour authority may recover as a debt due to the harbour authority from the
owner of the goods –
(a) any
charges incurred under paragraph (2);
(b) any
expenses incurred in removing the goods under paragraph (3); and
(c) any
expenses subsequently incurred in storing the goods.[66]
(5) No
claim for damages shall lie against the harbour authority in connection with
the removal or storage of the goods.[67]
(6) If –
(a) goods
have been removed under this Regulation; and
(b) any
charges and expense mentioned in paragraph (4) have not been paid by their
owner within 7 days of being demand or if their owner cannot be found,
the harbour authority may
sell the goods and, after deducting the expenses incurred in doing so and any
charges and expense mentioned in paragraph (4), pay the proceeds, to the
owner or, if the owner cannot be found, into the consolidated fund.[68]
46 Passengers
(1) The
Harbour Master may give directions in respect of the embarkation and
disembarkation of passengers and their personal baggage on and from a vessel in
a harbour.
(2) Except
with the permission of the Harbour Master, a person must not board a vessel
carrying passengers following its arrival in a harbour until all its passengers
have disembarked.
(3) In
this Article, “passengers” means the persons carried on a vessel other
than –
(a) a
person employed or engaged in any capacity on the business of the vessel; and
(b) a
person on board the vessel either in pursuance of the obligation laid upon the
master to carry shipwrecked, distressed or other persons, or by reason of any
circumstance that neither the master nor the owner nor the charterer (if any)
could have prevented or forestalled.
PART 8
GENERAL
47 Damage
by vessels in harbour
(1) The
owner of a vessel within a harbour shall be answerable to the Minister for any
damage done by such vessel, or by any person employed on or about the same, to
the harbour or the quays or works connected therewith.
(2) The
master of a vessel through whose wilful act or negligence any such damage as is
referred to in paragraph (1) has been done shall be liable to make good
the same, and the Minister may detain any such vessel until sufficient security
has been given for the amount of damage done.
(3) [69]
48 Prohibited
acts[70]
(1) A
person must not in a harbour –
(a) throw,
deposit or put ballast, earth, ashes, stones or other thing into the water;
(b) throw
down, deposit, put or leave refuse of any nature whatsoever;
(c) leave
faeces of a dog for which a person is responsible;
(d) injure,
or deface by writing or otherwise, a wall, building, structure, machinery,
statue, erection, seat, railing or other thing;
(e) behave
in a manner reasonably likely to offend against public decency;
(f) wilfully
and unreasonably interfere with the convenience of, or cause annoyance to,
another person;
(g) throw
or discharge a stone or missile;
(h) cause
an obstruction to free passage;
(i) obstruct,
impede, resist or assault an officer in an administration of the States for
which the Minister is assigned responsibility in the exercise of the
officer’s duties.
(2) Despite
paragraph (1), a person may in a harbour –
(a) leave
refuse in a receptacle provided for the purpose;
(b) leave
dog faeces in a receptacle provide for the purpose;
(c) discharge
ballast water in accordance with the International Maritime Organization’s Guidelines for the
Control and Management of Ships’ Ballast Water to Minimize the Transfer of
Harmful Aquatic Organisms and Pathogens, as stated in resolution A.868(20),
as for the time being in force.
49 Acts
for which written permission of harbour authority is required[71]
(1) Subject
to the provisions of these Regulations, no person shall in any harbour, except
with the written permission, previously obtained, of the harbour authority –
(a) use,
or cause or permit any other person to use, any vessel as a house-boat;
(b) exhibit
or affix any notice, advertisement or other written or pictorial matter;
(c) discharge
any firearm;
(d) deliver
any public address or give or take part in any public performance, display or
exhibition;
(e) solicit
or collect any alms, donations, contributions or subscriptions of any kind;
(f) engage
in any trade or business activity;
(g) light
any fire or firework.[72]
(2) Any
permission under this Regulation may be granted subject to such conditions as
the harbour authority may think fit to impose and may at any time be withdrawn
by the harbour authority.[73]
50 Penalties and criminal responsibility[74]
(1) A
person who contravenes –
(a) a
provision of these Regulations; or
(b) a
direction issued or given under these Regulations,
in relation to which no
special penalty is provided, is guilty of an offence and is liable to a fine of
level 2 on the standard scale.
(2) Where
an offence under these Regulations committed by a body corporate is proved to
have been committed with the consent or connivance of, or to be attributable to
any neglect on the part of –
(a) a person who is a director, manager,
secretary or other similar officer of the body corporate; or
(b) any person purporting to act in any such
capacity,
the person shall also be
guilty of the offence and liable in the same manner as the body corporate to
the penalty provided for that offence.
(3) Where
the affairs of a body corporate are managed by its members, paragraph (2)
shall apply in relation to acts and defaults of a member in connection with his
or her functions of management as if he or she were a director of the body
corporate.
(4) A
person who aids, abets, counsels or procures the commission of an offence under
these Regulations shall also be guilty of the offence and liable in the same
manner as a principal offender to the penalty provided for that offence.
(5) Where
it is relevant to do so, an offence under these Regulations may be charged by
reference to a person’s actions during a period of time and the person
may be convicted of a second offence or subsequent offences by reference to the
same action during a period of time following the preceding conviction for the
offence.
51 Interpretation
In these Regulations,
unless the context otherwise requires –
“contravention”
includes non-compliance and the expression “contravene” shall be
construed accordingly;
“enactment” includes
any enactment of the Parliament of the United Kingdom and any instrument made
under any such enactment;
“goods”
includes merchandise, baggage, live animals and mails;
“harbour”
means any harbour, whether natural or artificial, and includes any port, dock,
pier, jetty or quay, and any waters in which seagoing vessels can obtain
shelter or ship or unship goods or passengers;
“master”, in
relation to any vessel, means the person having the command or charge of the
vessel for the time being;
“owner”, when
used in relation to goods, includes any consignor, consignee, shipper or agent
for sale or custody of such goods, as well as the owner thereof;
“vessel”
includes any ship or boat or any other description of vessel used in
navigation.
52 Citation
These Regulations may be
cited as the Harbours (Jersey) Regulations 1962.