Transfer of shoreline to the people of Jersey (FOI)

​​​Request

In May 2015, the Government of Jersey announced that the Crown would be transferring the Shoreline to the people of Jersey. The Government of Jersey subsequently put out a document stating that this included the territorial waters and the seabed. Many people maintained that the shoreline was the land between high and low water marks and this does not ever appear to have been finalised. There were several challenges to the way that this whole issue was handled and even Court cases in this regard. The Government of Jersey was supposed to be preparing a 'map' of the whole area now owned by the island.

Please provide the following documents:

​A

A copy of the initial letter offering the shoreline to Jersey.

B

A copy of the Charter transferring the rights from the Crown to the public of Jersey detailing exactly where our rights start and end.

C

A copy of the official, and legally recognised map or chart showing the area concerned.

D

A copy of the legal document showing the increased size of the island of Jersey and it's legal ownership, including seabed.

E

A copy of the document sent to the UK Government or Crown Estate for ratification of same.

F

A copy of the legal ratification received from the Crown Estate.

Response

A

The Government of Jersey does not hold a copy of the letter requested; therefore, Article 3 of the Freedom of Information (Jersey) Law 2011 applies. 

Please note that The Government of Jersey asked for the foreshore, rather than the Crown deciding to offer it.

B

Please see the attached document where the agreed conditions of the transfer from the Crown to the Public are set out in the land contract passed before the Royal Court.

Conditions of transfer_Redacted.pdf​

C

The contract did not include a plan of the land transferred, although the extent of it is described in various clauses.  Therefore, this information is not held, and Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

D

The legal document showing the increased size of the island of Jersey and its legal ownership, including seabed is not held by the Government of Jersey, therefore, Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

E and F

These specific documents are not held by the Government of Jersey, therefore Article 3 of the Freedom of Information (Jersey) Law 2011 applies. However, the attachment confirms what was agreed between the transferor and the transferee in respect of the foreshore.

Further information will be held within the HM Receiver General’s office. However, the HM Receiver General ’s office is not a Scheduled Public Authority (SPA) under the Freedom of Information (Jersey) Law 2011, therefore, they are not required to respond.

Article applied

Article 3 Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.​