Jersey R&O 116/2002

Harbours (Administration) (Jersey) Law1961

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HARBOURS (AMENDMENT No. 34) (JERSEY) REGULATIONS 2002

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(Promulgated on the 2nd day of October 2002)

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STATES OF JERSEY

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The 1st day of October 2002

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                THE STATES, in pursuance of Article 4 of the Harbours (Administration) (Jersey) Law 1961,[1] as amended,[2] have made the following Regulations -

                1.      In these Regulations, “principal Regulations” means the Harbours (Jersey) Regulations 1962, as amended.[3]

                2.      For Regulation 1B of the principal Regulations there shall be substituted the following Regulation -

“Permits for the use of ramps at harbours

          1B.-(1)  No operator of a vessel shall use any ramp at a harbour for the loading and unloading of vehicles on or from that vessel unless he holds a valid permit issued by the Committee under this Regulation.

          (2)     An application for a permit shall be in such form as the Committee may require.

          (3)     The Committee may -

          (a)     refuse to issue a permit;

          (b)     issue a permit subject to such terms, conditions and limitations as it thinks fit;

          (c)     vary the terms, conditions and limitations attached to a permit; and

          (d)     suspend or revoke a permit.

          (4)     Where the Committee refuses to issue a permit, issues a permit subject to terms, conditions or limitations, varies the terms, conditions or limitations attached to a permit or suspends or revokes a permit, it shall notify the applicant for or holder of the permit of the reasons for its decision.

          (5)     An applicant for a permit shall have a right of appeal to the Royal Court against -

          (a)     a refusal to issue a permit; or

          (b)     the terms, conditions and limitations subject to which a permit is issued.

          (6)     The holder of a permit shall have a right of appeal to the Royal Court against the variation, suspension or revocation of the permit.

          (7)     An appeal may only be made within 28 days of the applicant for or holder of the permit being notified by the Committee of the reasons for its decision.

          (8)     Upon hearing an appeal, the Royal Court may uphold the decision of the Committee or substitute its own decision.

          (9)     A person who contravenes this Regulation or any provision of a permit issued under it shall be liable to a fine not exceeding level 4 on the standard scale.[4]”.

                3.      These Regulations may be cited as the Harbours (Amendment No. 34) (Jersey) Regulations 2002 and shall come into force on the seventh day after they are made by the States.

                                                                                            C.M. NEWCOMBE

Greffier of the States.