Harbours (Protection of Cables in Territorial Waters) (Jersey) Regulations 201-
Background
These Regulations are required to give a degree of legal protection to the undersea cables that now supply almost all of Jersey’s electricity. They prohibit fishing or anchoring in the vicinity of the cables. This prohibition is for the safety of ships and crews as well as to ensure the cables are not damaged. As part of the enforcement and advisory regime, the exclusion area remains marked clearly on all relevant charts.
The existing Regulations are triennial and expire on 13 December 2010. The States made changes in late 2007 (effective 29 February 2008) to the Harbours (Administration) (Jersey) Law 1961 and in doing so provided the vires for these to be made as permanent Regulations.
Research and the possibility of permanent legislation
Prior to the coming into force of the existing Regulations, discussions took place with legal advisers, personnel from the JEC and in the Channel Island Energy Group. Permanent legislation, involving an amendment to the Shipping (Jersey) Law 2002, could be brought in to replace the triennial process.
As now, such legislation would only be able to regulate shipping within territorial limits. However, partial protection is considered better than none. The view remains that the Island is now so very clearly dependent on the link with France that a higher level of protection than mere advisory notes is necessary.
On the advice of the Law Officers it has been confirmed that Regulation 4 of the Harbours (Administration) (Jersey) Law 1961, mentioned above, is fit for purpose for passing Regulations of this sort. As a result, the process of three-year renewal does not have to be repeated indefinitely.
Consultation with fishermen: Undersea cable links to Guernsey
The issue of extension of the protection to cover the Jersey-to-Guernsey link has been previously raised with the fishing community and the States Sea Fisheries Adviser. Discussion revealed strong opposition because of the effect prohibition could have on current fishing practices in the vicinity of the link.
Unfortunately, it is precisely the prevalence of fishing in the area of the Guernsey-Jersey link that makes cable damage and an increased safety risk a real possibility. This remains a concern of the Channel Island Energy Group and will continue to be monitored closely.
For the time being at least, the Island’s strategic needs are met by protection of the French link alone.
Future amendments to the Regulations
The current sea area consisting of the cable protection zone is from Archirondel Bay to the boundary of the Island’s territorial waters in a north-easterly direction crossing south of the Les Ecréhous. The coordinates are set out in the schedule.
If there were a future need to amend the coordinates or if new cables were to be laid that might require protection, the Regulations can be amended by up-dating the schedule without difficulty and presented to the States for debate. Any propose significant change would also trigger consultation with the fishing community and the States Sea Fisheries Adviser in advance.
Liability, Enforcement and policing
Liability for infraction has been clarified where responsibility may lie with a manager or director of the owning company and in such cases proof of consent or connivance is required.
The policing policy has been to react to any infringement that may occur. Enforcement would be pursued through the courts if persuasive action and due warning were ineffective. To date there have been no prosecutions and the Regulations appear to have been effective as a deterrent.
Financial and Human Resource implications
The Regulations continue an established regime and no new resources are required.
10 September 2010
gov.je