PLANNING AND ENVIRONMENT DEPARTMENT
ENVIRONMENT DIVISION
UK Marine Bill – permissive extent clause
Background
The Marine Bill sets out the UK government’s vision for the marine environment - for clean healthy, safe, productive and biologically diverse oceans and seas. It aims to put in place a better system for delivering sustainable development of the marine and coastal environment, addressing both the use and protection of marine resources. The Bill will introduce a better system for managing marine resources; simplifying the process by which developers get consents, while managing potential conflicts between uses of the sea and ensuring sustainability.
The Bill consolidates several pieces of marine legislation, including the Food and Environment Protection Act 1985 (FEPA), which is extended to Jersey by the Food and Environment Protection Act 1985 (Jersey) Order 1987 (‘the 1987 Order’), and a number of different pieces of marine regulatory legislation.
In Jersey, the 1987 Order regulates all dumping and new building in the marine environment. This includes harbour works i.e. new piers and jetties, dumping of waste and burial at sea; all of which may be done under licences which may be issued by the Environment Department. However, the Marine Bill introduces wider licensing provisions than those in FEPA, and it is considered desirable that similar wider provisions should be introduced in Jersey.
Issues
The UK government has asked the government of Jersey whether they wish a permissive extent clause (PEC) to be included in the Marine Bill. Such a provision could enable the Act, or parts of the Act, to be extended to Jersey at the request of Jersey’s government with the agreement of the States Assembly (in accordance with Article 31 of the States of Jersey Law 2005). It is emphasised that such a provision would be merely permissive, and no part of the UK legislation will be extended unless requested by the government of Jersey in future.
In January 2007, the government of Jersey indicated to the UK that they would wish the 1987 Order to remain in effect, to maintain control and regulation of its marine environment, pending a decision whether the relevant parts of the UK Bill should be extended or equivalent Jersey legislation should be enacted. The 1987 Order will therefore remain in force in Jersey until it is replaced by more modern provisions and a request is made for the Order to be revoked.
It was proposed to include a PEC in the Bill to enable those parts of the Bill that replace Part 2 of the FEPA, and any other related provisions, to be extended to Jersey. However, a 2009 law drafting request has also been submitted for Jersey legislation equivalent to these provisions. Whilst the latter would be the preferred legislative route, it is currently uncertain what priority will be given to a Jersey Law. Therefore, whilst a PEC is unlikely to be used, a request to include a PEC in the Bill would be an appropriate contingency before the law drafting priority is known.
Recommendation
The Minister for Planning and Environment is recommended to agree that a request should be forwarded to the UK government for a PEC to be included in the Marine Bill to enable the part or parts of the Bill that replace Part 2 of the FEPA and any other related provisions to be extended to Jersey.
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