Food and
Environment Protection Act 1985 (Deposits in Sea Exemptions) (Jersey) Order
2007
THE MINISTER
FOR PLANNING AND ENVIRONMENT, in pursuance of section 7 of the Food and Environment Protection
Act 1985 of the United Kingdom as extended to Jersey by the Food and
Environment Protection Act 1985 (Jersey) Order 1987, orders as
follows –
Commencement [see endnotes]
1 Interpretation
In this Order, a reference to
the Act is a reference to the Food and Environment Protection Act 1985 of the United Kingdom as extended to Jersey
by the Food and Environment Protection Act 1985 (Jersey)
Order 1987.
2 Exemption
(1) An
operation specified in the Schedule, being an operation that satisfies the
conditions (if any) set out in the Schedule in respect of that operation, does
not need a licence under Part II of the Act.
(2) The
loading of a vehicle, vessel, aircraft, hovercraft, marine structure or
floating container in the Bailiwick, or waters of the Bailiwick, with
substances or articles for deposit in the sea or under the sea-bed in the
course of an operation specified in the Schedule does not need a licence under
Part II of the Act.
3 Other
laws
Nothing in this Order
affects the application of any other enactment, or of any rule of customary
law, to an operation specified in the Schedule.
4 Citation
This Order may be cited
as the Food and Environment Protection Act 1985 (Deposits in Sea
Exemptions) (Jersey) Order 2007.
Schedule[1]
(Article 2)
OPERATIONS
NOT NEEDING LICENCE
1 Deposit
from a vessel, hovercraft or marine structure of sewage originating on the
vessel, hovercraft or marine structure, subject to the condition that the
deposit is made in an area of the sea that is more than one nautical mile
(measured seaward) from mean high water springs.
2 Deposit
from, or incineration on, a vessel, hovercraft or marine structure of garbage
originating in or on the vessel, hovercraft or marine structure (and for this
purpose “garbage” means any kind of victual or domestic waste, but
does not include any plastic or any bulky or industrial waste).
3 Deposit
from a vessel of –
(a) cooling water; or
(b) ballast
water, tank washings, or other residues, resulting from tank cleaning or tank
ballasting, not being tank cleaning or tank ballasting after the carriage of
any substance that has been deposited or incinerated in pursuance of a licence
under Part II of the Act.
4 Deposit
of any substance from a vessel, aircraft, hovercraft or marine structure for
the purpose of fighting any fire or preventing the spread of any fire.
5 Deposit
of fishing gear (whether fixed or not) otherwise than for the purpose of disposal.
6 Deposit
(by way of return to the sea) of fish or shellfish or parts of fish or
shellfish in the course of fishing operations or fish processing at sea whilst
a vessel is underway.
7 Deposit
(by way of return to the sea) by a fishing vessel of any article (other than
fish or shellfish) taken from the sea by the vessel in the course of normal
fishing operations.
8 Deposit
of any substance or article (otherwise than for the purpose of disposal) in the
course of, for the purpose of, or in connection with, the propagation or
cultivation of fish or shellfish.
9 Deposit
(by way of return to the sea) of any substance or article dredged from the
sea-bed in connection with the propagation or cultivation of shellfish.
10 Deposit
from a vessel, hovercraft or marine structure of any substance or article
(other than bulky waste) in the course of the normal navigation or maintenance of
the vessel, hovercraft or marine structure.
11 Deposit
of any substance or article (otherwise than for the purpose of disposal) in the
course of salvage operations.
12 Deposit,
on the site of drilling for, or production of, oil or gas, of any drill
cuttings or drilling muds in the course of such drilling or production.
13 Deposit,
under the sea-bed on the site of drilling for, or production of, oil or gas, of
any substance or article in the course of such drilling or production.
14 Incineration
of hydrocarbons resulting from the exploration for, or production of, oil or
gas.
15 Deposit,
on the site of dredging for aggregates or other minerals, of any substance or
article taken from the sea in the course of such dredging.
16 Deposit
in the normal course of operation of a dredging vessel of waters overflowing
from the hold of the vessel.
17 Deposit
of any article in connection with the provision of moorings or aids to
navigation –
(a) by the
Minister for Sustainable Economic Development or
another harbour authority or lighthouse authority; or
(b) by
any other person, if the consent of the Minister for Sustainable Economic
Development or of another harbour authority or lighthouse authority is required
for the deposit and is obtained.
18 Deposit
of any article in connection with the provision of navigational marks for the
purposes of racing recreational craft.
19 Deposit
of any article or substance in the maintenance of harbour works, coast
protection works (other than beach replenishment), drainage works or flood
control works, if made on the site of the works.
20 Deposit,
for the purpose of treating oil on the surface of the sea, of any substance
produced for that purpose, subject to the conditions –
(a) that
the substance is a substance the use of which is for the time being approved by
the Minister for the Environment;
(b) that
the substance is used in accordance with any requirements specified in the approval;
and
(c) that the
deposit is not made in an area of the sea of a depth of less than 20
metres (below mean low water springs) or within one nautical mile of any such
area unless with the express permission of the Minister for the Environment.
21 Deposit
of any equipment for the purpose of controlling, containing or recovering oil,
mixtures containing oil, flotsam, or algal blooms, on or near to the surface of
the sea.
22 Deposit
of any scientific instrument or associated equipment (otherwise than for the
purpose of disposal) in connection with a scientific experiment or a scientific
survey.
23 Launching
of vessels, hovercrafts or marine structures.
24 Deposit
under the sea-bed of any substance or article (otherwise than for the purpose
of disposal) in connection with the construction or operation of a bored tunnel,
subject to the conditions –
(a) that
notice of intention to construct the tunnel is first given to the Minister for the
Environment; and
(b) that
the approval of the Minister for the Environment is first obtained to the doing
of anything (in making the deposit or the construction or operation of the
tunnel) that might disturb the marine environment or the living resources that the
marine environment supports.