Arrangement

A LAW to amend further the Harbours (Administration) (Jersey) Law 1961.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

“A LAW for the administration of harbours and territorial waters”.

“ ‘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;”.

“(a)    the administration of harbours and territorial waters; and”.

“4      Regulations

(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.

4A     Use of facilities and provision of services

(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.”.

“(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.”.