Harbours (Inshore
Safety) (Jersey) Regulations 2012
Made 16th May 2012
Coming into force 23rd
May 2012
THE STATES, in pursuance of Articles 4 and 4A of the Harbours (Administration)
(Jersey) Law 1961[1], and Articles 49, 127 and 196
of the Shipping (Jersey) Law 2002[2], have made the following
Regulations –
1 Interpretation
In these Regulations –
“Harbour
Master” means the person appointed to that post under Article 2
of the Harbours Administration (Jersey) Law 1961[3];
“permit” means permit
granted under Regulation 6;
“ship” includes
every description of water craft that is used, or is capable of being used, as
a means of transportation on, in or under water and includes –
(a) a
non-displacement craft;
(b) a
WIG craft; and
(c) a
seaplane;
“small surf rider”
means a craft that –
(a) is
used, or is capable of being used, to ride the surf;
(b) is
not more than 1.54 metres in length and 0.6 metres in width; and
(c) does
not have a fin for steering purposes;
“WIG craft” means a
wing-in-ground craft, being a multimodal craft that, in its main operational
mode, flies in close proximity to the surface by utilising surface-effect
action.
2 Delegation
Nothing in these Regulations prevents the Minister from delegating
any function of the Minister under these Regulations to the Harbour Master or
another person.
3 Control
of activities in territorial waters
(1) Where
an area of territorial waters is used for sporting or recreational purposes, the
Minister may by direction designate, for safety or security reasons, the whole
or any part of that area where a person –
(a) may
or may not undertake a specified activity;
(b) may
or may not undertake a specified activity at a specified time;
(c) may
or may not undertake a specified activity in specified circumstances; or
(d) may
not undertake an activity except in a specified manner or in accordance with
specified conditions.
(2) Nothing
in paragraph (1) limits the operation of Article 11(3) and (4) of the
Interpretation (Jersey) Law 1954[4] in relation to the power
under paragraph (1).
(3) The
Minister must publish any direction made under this Regulation.
(4) A
direction under this Regulation takes effect 7 days after the direction is
published or on the day on which the direction is expressed to take effect,
whichever is the later day.
(5) A
person who undertakes an activity in contravention of a direction under this Regulation
is guilty of an offence and liable to a fine of level 2 on the standard
scale.
4 Control of ships plying for hire
(1) This
Regulation applies to a ship designed to carry 12 or fewer passengers.
(2) A
person must not let out for use in territorial waters a ship to which this
Regulation applies unless the person is the holder of a permit that authorizes
the person so to let out the ship.
(3) A
person must not in territorial waters carry passengers for reward in a ship to
which this Regulation applies unless the person is the holder of a permit that
authorizes the person so to carry passengers in the ship.
(4) A
person who contravenes paragraph (2) or (3) is guilty of an offence and
liable to a fine of level 2 on the standard scale.
5 Control
of passenger ships plying for hire between places in Jersey
(1) This
Regulation applies to a ship designed to carry more than 12 passengers.
(2) A
person must not carry passengers for reward between places in Jersey in a ship
to which this Regulation applies unless the person is the holder of a permit
that authorizes the person so to carry passengers in the ship.
(3) For
the purpose of paragraph (2), a ship that carries passengers and returns
to its place of departure in Jersey without putting in at any other place
during its voyage is to be taken to be carrying passengers between places in Jersey.
(4) A person
who contravenes paragraph (2) is guilty of an offence and liable to a fine
of level 2 on the standard scale.
6 Permits
(1) An
application for a permit for the purposes of Regulation 4 or 5 is to be
made to the Minister on a form approved by the Minister.
(2) The
application must be accompanied by the following –
(a) if,
under Regulation 8, insurance is required in respect of the ship for which
the permit is sought, evidence that insurance in accordance with that
Regulation is in force;
(b) in
the case where the permit is for the purpose of Regulation 4, evidence
that –
(i) if Part 2 of
the Shipping (Safety Codes) (Jersey) Order 2005[5] applies to the ship, the
ship complies with Article 4 of that Order to the extent that the ship is
not exempt under Article 6 of that Order, or
(ii) if Part 3 of
the Shipping (Safety Codes) (Jersey) Order 2005 applies to the ship, the
ship complies with Article 9 of that Order;
(c) in
the case where the permit is for the purpose of Regulation 5, evidence
that the ship is the subject of a current survey, and certification, in
accordance with the Merchant Shipping (Survey and Certification) Regulations
1995 of the United Kingdom (as those Regulations apply to Jersey under the
Shipping (Survey and Certification) (No. 2) (Jersey) Order 2005[6]), to the extent that the
ship is not exempt under regulation 2 of those Regulations as they so apply to
Jersey.
(3) The
Minister may grant a permit for the purpose for which it is sought if the
Minister is satisfied that –
(a) the
person in respect of whom the permit is sought is a fit and proper person to
hold the permit;
(b) the
ship in respect of which the permit is sought may be safely used for the
purpose; and
(c) that
ship will be manned by persons with sufficient local knowledge to make them
competent to act for the purpose.
(4) The
Minister shall serve on a person in respect of whom a permit is sought notice
of refusal of the permit if the Minister is not satisfied that the conditions
specified in paragraph (3)(a) to (c) are fulfilled in respect of the
application for the permit.
(5) A permit –
(a) must
be in writing served on its holder;
(b) may
be granted subject to conditions with which the holder of the permit is
required to comply; and
(c) is
valid for such period (not exceeding 5 years) as the Minister may
determine.
(6) A permit
must specify –
(a) the
name and address of the holder of the permit;
(b) the
name of the ship in respect of which the permit is granted;
(c) the
number of people that the ship may, under the permit, carry;
(d) details
of the activity that the permit authorizes;
(e) details
of the period during which the permit is valid; and
(f) details
of any conditions with which the holder of the permit is required to comply.
(7) The
Minister may, by notice served on the holder of the permit, at any time cancel or
suspend a permit granted in respect of a ship if the Minister is satisfied that –
(a) the
ship is not fit for the purpose for which the permit was granted;
(b) the
ship has been involved in an incident that may make the ship unfit for the
purpose for which the permit was granted;
(c) the
ship is not a ship that, as the case requires –
(i) complies as
referred to in paragraph (2)(b)(i), to the extent required under that
clause,
(ii) complies as
referred to in paragraph (2)(b)(ii), or
(iii) is the subject of a
current survey and certification as referred to in paragraph (2)(c); or
(d) the
holder of the permit has failed to comply with a condition specified in the
permit.
(8) The
holder of a permit in respect of a ship must ensure that a copy of the permit
is prominently displayed –
(a) in
a conspicuous place on the ship; or
(b) where,
because of the size of the ship, it is not practical to comply with
sub-paragraph (a), in a conspicuous place near to where the ship is normally
berthed or normally puts to sea.
(9) A
holder of a permit granted for the purpose of Regulation 4 is guilty of an
offence and liable to a fine of level 2 on the standard scale if the ship
in respect of which the permit is granted is (as the case requires) let out for
use in territorial waters or, in territorial waters, carries passengers for
reward –
(a) when
paragraph (8) is not complied with in respect of the ship; or
(b) when
the ship is not manned by persons with sufficient local knowledge to make them
competent to act for the purpose.
(10) A holder
of a permit granted for the purpose of Regulation 5 is guilty of an offence
and liable to a fine of level 2 on the standard scale if the ship in
respect of which the permit is granted carries passengers for reward between
places in Jersey (within the meaning of Regulation 5(2)) –
(a) when
paragraph (8) is not complied with in respect of the ship; or
(b) when
the ship is not manned by persons with sufficient local knowledge to make them
competent to act for the purpose.
(11) Notice
under paragraph (4) or (7) must be in writing and must set out the
Minister’s reasons for deciding to refuse to grant a permit, deciding to cancel
a permit or deciding to suspend a permit (as the case requires).
(12) A person
aggrieved by a decision of the Minister –
(a) to
refuse to grant a permit;
(b) as
to the conditions to be complied with by the holder of the permit; or
(c) to
cancel or suspend a permit,
may within 28 days of being notified of the decision appeal to
the Royal Court against the decision on the grounds that the decision was
unreasonable in all the circumstances of the case.
7 Local
registration
(1) This
Regulation applies to –
(a) a ship
designed for or capable of a speed in excess of 12 knots; or
(b) a ship
with a length of 3 metres or more,
that operates in or from territorial waters, other than such a ship that –
(i) is
owned by a department of Her Majesty’s Government;
(ii) is
visiting Jersey for a total of less than 3 months in any unbroken period
of 12 months; or
(iii) satisfies
all of the following conditions –
(A) the ship is manually
propelled,
(B) the ship has no
mechanical or wind-assisted propulsion fitted to it,
(C) the ship has its owner’s
telephone number, or its owner’s name and address, clearly displayed on
it.
(2) A
person, being the owner, charterer, operator, or master, of a ship to which
this Regulation applies who –
(a) uses
or retains the ship in territorial waters; or
(b) causes
or permits another person (being the owner, charterer, operator, or master, of
the ship) to use the ship in territorial waters,
is guilty of an offence and is liable to a fine of level 2 on
the standard scale if the ship is not registered under this Regulation.
(3) An
application for registration of a ship under this Regulation is to be made by
the owner of the ship to the Minister on a form approved by the Minister.
(4) The
application must be accompanied by –
(a) a
fee of £20; and
(b) if,
under Regulation 8, insurance is required in respect of the ship for which
registration is sought, evidence that insurance in accordance with that
Regulation is in force.
(5) The
Minister, after receiving an application in accordance with this Regulation –
(a) must
record, in a register kept by the Minister for the purpose, details of the ship
and its owner sufficient to identify them; and
(b) may
assign a registration number (which may be or include one or more letters) to
the ship.
(6) The
Minister must make the register available for public inspection at reasonable
times.
(7) The
registration of a ship ceases to have effect if –
(a) the
ship ceases to be a ship to which this Regulation applies; or
(b) there
is a transfer of ownership of the ship.
(8) If –
(a) a
change occurs as a result of which any of the details recorded in the register
in accordance with paragraph (5) is no longer up to date; or
(b) the
registration of a ship ceases to have effect by virtue of paragraph (7),
the person who is or was the owner of the ship at the time of the
change or immediately before its registration ceased to have effect (as the
case may be) must, within 28 days after the change or cessation, give the Minister
written notice.
(9) That
notice must state, as the case requires –
(a) the
nature of the change; or
(b) why
the registration has ceased to have effect and, if that cessation occurred
because the ownership of the ship was transferred to a person living in Jersey,
the name and address of the new owner.
(10) A person
who fails to give the Minister notice when required to do so under paragraph (8)
is guilty of an offence and is liable to a fine of level 2 on the standard
scale.
(11) The
owner of a ship to which this Regulation applies must ensure that –
(a) if
the ship has a name, the name is painted on or affixed to a conspicuous part of
the exterior of the ship;
(b) if
the Minister has assigned a registration number to the ship, the number is
painted on or affixed to a conspicuous part of the exterior of the ship in
accordance with any marking requirements published by the Minister for the
purposes of this Regulation; and
(c) any
name, and any registration number, so painted on or affixed to the ship are
distinctly visible and legible when the ship is in territorial waters.
(12) A
person, being the owner, charterer, operator, or master, of a ship to which
this Regulation applies who –
(a) uses
or retains the ship in territorial waters; or
(b) causes
or permits another person (being the owner, charterer, operator, or master, of
the ship) to use the ship in territorial waters,
is guilty of an offence and is liable to a fine of level 2 on
the standard scale if paragraph (11) is not complied with in respect of
the ship.
8 Insurance
requirements
(1) A
person, being the owner, charterer, operator, or master, of any ship to which this
paragraph applies who –
(a) uses
or retains the ship in territorial waters; or
(b) causes
or permits another person (being the owner, charterer, operator, or master, of
the ship) to use the ship in territorial waters,
is guilty of an offence and is liable to a fine of level 3 on
the standard scale if insurance in accordance with this Regulation is not in force
in respect of the ship.
(2) Paragraph (1)
applies to any of the following ships –
(a) a
ship that is designed for or capable of a speed in excess of 12 knots and
operates in or from territorial waters;
(b) a
ship that has a length of 3 metres or more and operates in or from
territorial waters;
(c) a
ship to which Regulation 4 or 5 applies.
(3) Paragraph (1)
does not apply to –
(a) a
ship referred to in sub-paragraph (a), (b) or (c) of Article 127(2)
of the Shipping (Jersey) Law 2002;
(b) a
ship if an obligation to maintain insurance or security in respect of the ship
is imposed, as referred to in Article 127(3) of that Law, against a
reasonable measure of liability, being the measure, and the liability, referred
to in paragraph (6) of this Regulation;
(c) a
ship that is owned by a department of Her Majesty’s Government; or
(d) a
ship that satisfies all of the following conditions –
(i) the ship is
manually propelled,
(ii) the ship has no
mechanical or wind-assisted propulsion fitted to it,
(iii) the ship has its
owner’s telephone number, or its owner’s name and address, clearly
displayed on it.
(4) A
person, being the owner, charterer, operator, or master, of a ship, other than
a small surf rider, who –
(a) uses
the ship in territorial waters to ride the surf; or
(b) causes
or permits another person to use the ship in territorial waters to ride the
surf,
is guilty of an offence and is liable to a fine of level 3 on
the standard scale if insurance in accordance with this Regulation is not in
force in respect of the ship.
(5) A
person, being the owner, charterer, operator, or master, of a ship, is guilty
of an offence and is liable to a fine of level 2 on the standard scale if –
(a) under
paragraph (1) or (4), insurance in accordance with this Regulation is
required to be in force in respect of the ship; and
(b) the
person, when requested by an authorized person to produce evidence of
compliance with that paragraph, fails to do so within a reasonable time.
(6) Insurance
is in accordance with this Regulation in respect of a ship if it is insurance
by an approved insurer that insures the owner of the ship, and every person
(other than a passenger in the ship who has no control of it) using the ship,
against a reasonable measure of liability that may be incurred by the owner or
person in respect of –
(a) the
death of another person;
(b) bodily
injury to another person; and
(c) damage
to the property of another person,
caused by, or arising out of, the use of the ship, including use
under tuition or for towing a person or another ship, or a person and another
ship.
(7) In
this Regulation –
“approved insurer” means an insurance company authorized
to carry on insurance business –
(a) by
virtue of a permit under the Insurance Business (Jersey) Law 1996[7]; or
(b) by a
body performing, in the British Islands (other than Jersey), or in a member state
of the European Union, functions analogous to those performed by the Jersey
Financial Services Commission under the Insurance Business (Jersey) Law 1996;
“authorized person” means a police officer, the Harbour
Master or a person authorized by the Harbour Master.
9 Various
offences
(1) A
person is guilty of an offence and liable to imprisonment for 2 years and
to a fine if the person in territorial waters uses a ship to ride the surf or
otherwise sails or operates a ship –
(a) recklessly;
or
(b) in
a manner that is dangerous to other people.
(2) A
person is guilty of an offence and liable to a fine of level 3 on the
standard scale if the person in territorial waters uses a ship to ride the surf
or otherwise sails or operates a ship –
(a) without
due care and attention; or
(b) without
reasonable consideration for other people.
(3) A
person is guilty of an offence and liable to a fine of level 2 on the
standard scale if the person operates in territorial waters a ship that is emitting,
whether from its engine or otherwise, excessive or unreasonable noise or fumes.
(4) The
master in command of a ship while it is, in territorial waters, towing a person
who is water-skiing, aquaplaning, parascending or undertaking a similar
activity is guilty of an offence and liable to a fine of level 2 on the
standard scale if the master is not accompanied in or on the ship by a person with
experience in the relevant activity who is watching over the well-being of the
person being towed.
(5) A
person who, in an application, or notice, to the Minister under these
Regulations, provides information or evidence that is false or misleading in a
material particular is guilty of an offence and is liable to a fine of
level 3 on the standard scale.
(6) In
this Regulation a reference to a person who operates a ship includes any other
person who has charge of the conduct of the ship.
10 Certain incidents
to be reported to the Harbour Master
(1) This
Regulation applies where a ship is involved in a serious incident but does not
apply if the incident is required to be reported under the Shipping (Jersey)
Law 2002 or under Regulations made under that
Law.
(2) Where
this Regulation applies, the owner of the ship involved must –
(a) report
the incident to the Harbour Master as soon as possible; and
(b) if
subsequently requested to do so by the Harbour Master, give the Harbour Master
such details of the incident as the Harbour Master may reasonably require.
(3) A
person who fails to comply with paragraph (2), or who in purported
compliance with paragraph (2) provides information or evidence that is
false or misleading in a material particular, is guilty of an offence and
liable to a fine of level 4 on the standard scale.
(4) In
this Regulation, a reference to a serious incident is a reference to an
incident in which –
(a) a
ship is lost or presumed to be lost;
(b) a ship
is abandoned;
(c) a
ship is disabled, stranded, in collision or seriously damaged;
(d) there
is loss of life;
(e) there
is serious injury to a person on board;
(f) a
person is lost from a ship or a ship’s boat; or
(g) there
occurs any other hazardous incident.
(5) In paragraph (4)
“serious injury” means –
(a) a fracture
of the skull, spine or pelvis;
(b) a fracture
of a bone in the arm other than in the wrist or hand;
(c) a fracture
of a bone in the leg other than in the ankle or foot;
(d) an
amputation of a hand or foot; or
(e) any
other physical injury that results in the injured person being admitted to
hospital as an in-patient for more than 24 hours or, if the ship is at
sea, that would have so resulted had it been in port at the time of the
incident.
11 Responsibility of directors
(1) Where
an offence under these Regulations committed by a limited liability partnership
or 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 partner of the partnership, or 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 partnership or body corporate to the penalty provided for
that offence.
(2) Where
the affairs of a body corporate are managed by its members, paragraph (1)
shall apply in relation to acts and defaults of a member in connection with the
member’s functions of management as if the member were a director of the
body corporate.
12 Repeal
The Boats and Surf-Riding (Control) (Jersey) Regulations 1969[8] are repealed.
13 Transitional
provisions
(1) In
this Regulation –
“commencement date” means the date on which these
Regulations come into force;
“repealed Regulations” means the Boats and Surf-Riding
(Control) (Jersey) Regulations 1969.
(2) A ship
that is the subject of registration in force under Regulation 8 or Regulation 33
of the repealed Regulations immediately before the commencement date is to be
taken at that date to be the subject of registration under Regulation 7 of
these Regulations.
(3) A
licence in force under Regulation 14 of the repealed Regulations
immediately before the commencement date has effect at that date as a permit
under Regulation 6 of these Regulations in respect of a ship to which Regulation 4
of these Regulations applies.
(4) A
licence in force under Part 5 of the repealed Regulations immediately
before the commencement date has effect at that date as a permit under
Regulation 6 of these Regulations in respect of a ship to which
Regulation 5 of these Regulations applies.
14 Citation
These Regulations may be cited as the Harbours (Inshore Safety)
(Jersey) Regulations 2012.
15 Commencement
These Regulations come into force 7 days after they are made.
A.H. harris
Deputy Greffier of the States