GROWTH HOUSING AND ENVIRONMENT.
Affirmation that amendments made to the UK’s Antarctic Regulations 1995 also should have effect in Jersey.
Purpose of the Report
For the Minister to affirm that amendments made to the UK’s Antarctic Regulations 1995 also should have effect in Jersey and that draft regulations, The Antarctic (Jersey) Regulations 2018, to be made by the Secretary of State, Foreign and Commonwealth, and forwarded in due course for registration by the Royal Court.
Background
The Antarctic (Jersey) Regulations 1997 (“the 1997 Jersey Regulations”), registered by the Royal Court of Jersey on 30 January 1998, provide for the Antarctic Regulations 1995 (of the United Kingdom “the 1995 Regulations”) to have effect in Jersey, subject to certain modifications. The 1995 Regulations prescribe the procedure by which applications can be made for permits under the Act, including provisions relating to environmental evaluations, production of permits and their revocation or suspension.
The 1997 Jersey Regulations were made pursuant to the Antarctic Act 1994, as it has effect in Jersey by virtue of the Antarctic Act 1994 (Jersey) Order 1995 (“the 1995 Order”) which was registered by the Royal Court on 05 May 1995. The 1995 Order was amended by the Antarctic Act 1994 (Jersey) (Amendment) Order 2016 (“the 2016 Order”) which was registered by the Royal Court on 07 July 2017. The 2016 Order extended to Jersey the amendments made to the Antarctic Act 1994 by sections 14 to 16 of the Antarctic Act 2013.
The 1995 Regulations were amended in the United Kingdom by further Regulations in 2008 and 2017. The 2008 and 2017 Regulations included the following purposes:
replacing the requirement for notices of environmental evaluations to be published in the London Gazette with a requirement for publication on the internet website of the Foreign and Commonwealth Office.
replacing Schedules 1 and 2 with new schedules containing up-to-date lists, coordinates and descriptions of all restricted areas and historic sites and monuments in force under the Antarctic Treaty System, and as agreed at Antarctic Treaty Consultative Meetings
The need is recognized by the Government of Jersey for those amendments also to have effect in Jersey. The draft Regulations are intended to achieve that purpose; and the Government of Jersey therefore confirms that it is content for the draft Regulations to be made by the Secretary of State, and forwarded in due course for registration by the Royal Court.
Recommendation
That the Minister affirm that amendments made to the UK’s Antarctic Regulations 1995 also should have effect in Jersey and that draft regulations, The Antarctic (Jersey) Regulations 2018, to be made by the UK Secretary of State, are forwarded in due course for registration by the Royal Court
Written by: | Director , Natural Environment |
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Approved by: | Director General – Growth , Housing and Environment |
Ministerial Decision Case Ref: MD-PE-2018-0084