Harbours
(Administration) (Jersey) Law 1961[1]
A LAW for the administration of
harbours and territorial waters[2]
Commencement [see endnotes]
1 Interpretation[3]
In this Law, unless the context otherwise requires –
“harbour” means any harbour, whether natural or
artificial, and includes any port, dock, pier, jetty or quay, and any waters in
which sea-going vessels can obtain shelter or ship or unship goods or
passengers;
“harbour authority” and “Harbour Master”
mean the persons appointed as such under Article 2(1) and (7) respectively;
“Minister” means the Minister
for Sustainable Economic Development;
“publish”, in respect of any matter, means publish in a
manner that is likely to bring the matter to the attention of those affected by
it and “published” is to be construed accordingly;
“territorial waters” means the sea within the seaward
limits of the territorial sea adjacent to Jersey;
“vessel” includes any ship or boat or any other
description of vessel used in navigation.
2 Administration
of harbours[4]
(1) The Minister shall
appoint a harbour authority for each harbour in Jersey and for this purpose may
appoint the same harbour authority in respect of more than one harbour or
different authorities in respect of different harbours.
(2) Without derogation from
the generality of the power conferred by paragraph (1), the Minister shall
appoint Ports of Jersey Limited (being the company established under Article 3
of the Air and Sea Ports
(Incorporation) (Jersey) Law 2015) as the harbour authority in respect of the
harbours listed and further described in the Schedule.
(3) The Minister may by
Order amend the Schedule to add, remove, or further particularize an entry in
relation to any harbour.
(4) A harbour authority
shall be responsible for –
(a) managing,
maintaining and improving the harbours in the areas in respect of which it is
appointed;
(b) policing,
safety and security matters in the harbours in respect of which it is
appointed;
(c) such
other matters as the Minister may entrust to it from time to time for the
purpose of carrying into effect any legislation in force in Jersey relating to
shipping and sea navigation.
(5) Without prejudice to
the generality of paragraph (4), a harbour authority shall in particular
be responsible for –
(a) preventing,
reducing, and minimising the effects of marine pollution, by means including
but not limited to those from time to time agreed with the Minister under
Article 186(1) of the Shipping (Jersey)
Law 2002;
(b) co-ordinating,
or providing resources for co-ordinating, maritime search and rescue within
territorial waters; and
(c) repair
and maintenance of aids to navigation in or in relation to the harbours in
respect of which it is appointed and in respect of which it is the local
lighthouse authority for the purposes of Schedule 10 to the Shipping (Jersey)
Law 2002.
(6) A harbour authority
shall carry out a responsibility imposed on it by paragraph (4) or
(5) –
(a) in
accordance with any agreement made for the purpose between the Minister and the
harbour authority; or
(b) in
the absence of any such agreement, as the Minister may from time to time
direct,
but the absence of any agreement or direction shall not absolve the
authority of its duty to carry out a responsibility so imposed.
(7) A harbour authority
shall appoint as Harbour Master a person approved by the Minister, and the
person so appointed –
(a) shall
be employed by the harbour authority; and
(b) in
addition to carrying out all functions conferred on the Harbour Master by this
or any other enactment, shall be responsible for all such matters for which the
authority is responsible as the authority may entrust to the Harbour Master
from time to time.
(8) Where a responsibility
conferred on the harbour authority would have been, before the commencement of
this provision, a responsibility of the person then holding the office of
Harbour Master, any action taken, direction given or other exercise of such a
power by that person shall continue to have full effect and shall be taken,
unless otherwise expressly stated, to be an action taken, direction given or
other exercise of power by the harbour authority.
(9) The States may by
Regulations –
(a) amend
paragraphs (4) and (5); and
(b) make
all such further or consequential provision (including amending any other
enactment) as may be necessary to bring this Article into full effect.
2A Acting
Harbour Master[5]
(1) A harbour authority may
appoint one or more of its employees to act as the Harbour Master –
(a) in
relation to matters in respect of which the Harbour Master has directed the
employee to act as the Harbour Master, whether the matters arise in relation to
this Law or any other Law; and
(b) during
any time when the Harbour Master is not on duty, is absent from Jersey or is
suspended from the office of Harbour Master or there is a vacancy in the office
of the Harbour Master.[6]
(2) A person appointed
under paragraph (1) has, during the period of his or her appointment –
(a) while
acting as the Harbour Master under paragraph (1)(a), the powers and
functions of the Harbour Master under this or any other enactment in relation
to matters in respect of which the Harbour Master has directed the employee to
act as the Harbour Master; and
(b) while
acting as the Harbour Master under paragraph (1)(b), the powers and
functions of the Harbour Master under this or any other enactment.
2B Oaths[7]
(1) The Harbour Master
shall, on or as soon as practicable after becoming Harbour Master, take oath
before the Royal Court to well and faithfully discharge
his or her duties as Harbour Master.
(2) A person appointed
under Article 2A to act as the Harbour Master shall, on or as soon as
practicable after being so appointed, take oath before the Royal Court to well and faithfully discharge, while acting as the Harbour
Master, his or her duties as the Harbour Master under that Article.
3 Police
powers of Harbour Master
(1) The Harbour Master
shall, within the limits of every harbour and within the territorial waters of
Jersey, have the same powers of detention and arrest and of enforcing the
maintenance of public order as are possessed by a Centenier.
(2) The prosecution of any
person arrested by the Harbour Master under the powers conferred on him or her
by this Article shall be undertaken by a Centenier
having jurisdiction in the matter or, if the arrest took place within the territorial
waters of Jersey, by a Centenier of St. Helier.[8]
4 Regulations[9]
(1) The States may make
Regulations for the policing, control, safety and administration of harbours
and territorial waters.
(2) The Regulations may, in
particular –
(a) require
the payment of fees and charges;
(b) require
information to be published and provide who is to publish it; and
(c) provide
that a person who contravenes a provision of the Regulations, or a direction or
an order made or issued under the Regulations, is guilty of an offence and is
liable to the penalty prescribed by the Regulations.
(3) The Regulations
may –
(a) make
different provision in relation to different cases or to different
circumstances; and
(b) contain
transitional, consequential, incidental or supplementary provisions.
(4) Without prejudice to
the generality of paragraphs (1) to (3), the States may by Regulations
make particular provision, in connection with –
(a) the
exercise of the powers conferred by Article 3(1); and
(b) the
persons entitled to exercise those powers,
as to the matters further specified in paragraph (5).[10]
(5) The matters mentioned
in paragraph (4) are –
(a) training;
(b) complaints,
discipline, and penalties for misconduct; and
(c) collaboration
and co-ordination with police officers.[11]
4A Use of
facilities and provision of services[12]
(1) The use of a facility
in or the provision of a service in or from a harbour or territorial waters may
be restricted.
(2) It may be restricted to
a person who, whether on application or as a result of an invitation to
tender –
(a) has
been granted a permit; or
(b) has
entered into an agreement,
that permits the person to use the facility or to provide the
service.
(3) A permit or agreement
under paragraph (2) may, in particular –
(a) provide
for the payment of fees and charges;
(b) impose
conditions and limitations on the use of the facility or the provision of the
service;
(c) specify
the manner in which the permit or agreement may be suspended or terminated; and
(d) contain
such other provisions as are relevant to the use of the facility or the
provision of the service.
(4) The States may make
Regulations providing for the administration of this Article.
(5) The Regulations may, in
particular, provide that –
(a) where
the use of a facility or the provision of a service is restricted in accordance
with paragraph (2), the use of the facility or the provision of the
service otherwise than with and in accordance with a permit or agreement is an
offence punishable by a fine;
(b) that
a person who contravenes a provision of the Regulations, or a direction or an
order made or issued under the Regulations, is guilty of an offence and is
liable to the penalty prescribed by the Regulations.
4B Provision,
etc. of moorings[13]
(1) A harbour authority
may –
(a) maintain
and manage existing moorings; and
(b) provide
new moorings,
within the limits of any harbour in respect of which it is appointed
and which is listed in the Schedule.
(2) The power conferred by
paragraph (1) includes power to charge a fee for the use of a mooring, for
such period and of such amount as the harbour authority may consider
reasonable.
(3) A harbour authority may
forbid the laying of moorings within the limits of any harbour in respect of
which the authority is appointed and which is listed in the Schedule, if the
authority considers that such moorings –
(a) would
cause a hazard to navigation or otherwise be detrimental to navigational
safety; or
(b) would
otherwise be detrimental to the general enjoyment of the harbour and its
facilities by all users.
4C Power
to charge harbour dues, etc.[14]
(1) A harbour authority may
make such charges as it considers reasonable, including (in particular, but not
by way of limitation) charges for –
(a) ship,
passenger and freight dues;
(b) use
of freight facilities;
(c) use
of weighbridges;
(d) quay
rental;
(e) use
of quays and harbour facilities by fishermen; and
(f) parking
permits,
in or in relation to a harbour in respect of which it is appointed
and which is listed in the Schedule.
(2) The harbour authority
shall publish a list showing all charges for the time being made under
paragraph (1), and the authority –
(a) shall
not enforce payment of any charge unless it is so published; and
(b) may,
for the purposes of publication under this paragraph, provide copies of the
list for sale at a reasonable price.
(3) Any charges of a type
specified in paragraph (1) which are in force immediately before the
commencement of this Article by virtue of any other enactment shall continue in
effect as though made, and be deemed to have been made, by virtue of this
Article.
(4) Charges made under
paragraph (1) shall not be enforced in relation to –
(a) ships
belonging to or employed in the service of the armed forces of His Majesty the King;
(b) ships
belonging to or used by the general lighthouse authority or by any department
of the Government of the United Kingdom;
(c) ships
of war belonging to or employed in the service of any foreign government; and
(d) fishing
vessels belonging to countries with which treaties exist for the time being
exempting such vessels from duties and port charges when forced by stress of weather to seek shelter in the ports or on the coasts of
the United Kingdom, when such vessels are forced by stress of weather to make
use of any of the harbours of Jersey and do not break bulk while so doing.[15]
(5) The harbour authority
may grant exemption from charges made under paragraph (1) –
(a) to
different classes or descriptions of ships, passengers and freight;
(b) to
the same class or description of ships, passengers and freight in different
circumstances; and
(c) to
any ship which, having departed from Jersey, is compelled to return by reason
of accident, stress of weather, or other unavoidable cause.
5 Power
to levy fines summarily[16]
(1) Where a person is
charged with any offence under Regulations made under Article 4 and
accepts the decision of a Centenier having
jurisdiction in the matter, that Centenier may
inflict and levy summarily a fine of level 1 on the standard scale.[17]
(2) A Centenier
shall give a receipt for any fine which he or she levies under this Article.[18]
(3) One half of the fine is
to be retained by the parish in which the offence was committed and the other
half must be paid into the consolidated fund.[19]
5A Limitation
of liability[20]
(1) A person or body to
whom this Article applies shall not be liable in damages for any act done in
the performance or purported performance of any functions conferred by or under
this Law, unless it is shown that the act was in bad faith.
(2) This Article applies
to –
(a) the
States;
(b) the
Minister;
(c) any
States employee who is, or is acting as, an officer, employee or agent of the
States or of the Minister or performing any function on behalf of the States or
of the Minister;
(d) a
harbour authority and any person who is, or is acting as, an officer, employee,
or agent of the authority or performing any function on behalf of the
authority;
(e) the
Harbour Master and any person who is, or is acting as, an officer, employee, or
agent of the Harbour Master or performing any function on behalf of the Harbour
Master.
(3) Paragraph (1) does
not apply –
(a) if it
is shown that the act was done in bad faith; nor
(b) so as
to prevent an award of damages made in respect of an act on the ground that the
act was unlawful as a result of Article 7(1) of the Human Rights (Jersey)
Law 2000.
6 [21]
7 [22]
8 Citation
This Law may be cited as the Harbours (Administration) (Jersey)
Law 1961.