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Draft Air Navigation (Dangerous Goods) (Jersey) Order 200-

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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A decision made (05/02/2009) regarding: Draft Air Navigation (Dangerous Goods) (Jersey) Order 200-.

Decision Reference:   MD-C-2009-0017 

Decision Summary Title :

L:\Dangerous Goods\MD-DGs2.doc

Date of Decision Summary:

3 February 2009

Decision Summary Author:

Director of Civil Aviation

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Draft Air Navigation (Dangerous Goods) (Jersey) Order 200-

Date of Written Report:

3 February 2009

Written Report Author:

Director of Civil Aviation

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Draft Air Navigation (Dangerous Goods) (Jersey) Order 200-

Decision(s):

The Chief Minister made the Air Navigation (Dangerous Goods) (Jersey) Order 2009

Reason(s) for Decision:

The draft Air Navigation (Dangerous Goods) (Jersey) Order 200- will introduce restrictions on the carriage of dangerous goods by air.

These restrictions will give effect to the requirements of Annex 18 of the Chicago Convention on international civil aviation in order to ensure compliance with Jersey’s obligations under that convention.

Political responsibility for the regulation of civil aviation rests with the Chief Minister.

Resource Implications:

There are no additional resource implications arising directly from this decision.

Action required:

Following the Ministerial Decision the Chief Minister’s Department shall inform the States Greffe and deliver the signed and sealed order to the Publications Editor.

Signature: 

Position:

Chief Minister

Date Signed: 5th February 2009 

Date of Decision (If different from Date Signed): 

Draft Air Navigation (Dangerous Goods) (Jersey) Order 200-

Chief Minister

Ministerial Decision 

REPORT

Draft Air Navigation (Dangerous Goods) (Jersey) Order 200-

The attached draft Order is intended to make provisions for Jersey to comply with the requirements of Annex 18 to the Convention on Civil Aviation (Chicago, 1944).

Annex 18 is concerned with the transport of Dangerous Goods by air.  This annex along with the International Civil Aviation Organisation’s document -Technical Instructions for the Safe Transport of Dangerous Goods by Air – set down the requirements for ensuring that certain dangerous goods may be safely carried in aircraft.

Hitherto there have not been any rules or regulations in Jersey on such transport which could be enforced.

Article 70 of the Air Navigation (Jersey) Order 2008 includes the authority for the Chief Minister to make Orders concerning the carriage of Dangerous Goods:

70 Carriage of dangerous goods

(1) Without prejudice to any other provisions of this Order, the [Minister] may [by Order prescribe] –

(a) the classification of certain articles and substances as dangerous goods;

(b) the categories of dangerous goods which an aircraft may not carry;

(c) the conditions which apply to the loading on, suspension beneath and carriage by an aircraft of dangerous goods;

(d) the manner in which dangerous goods must be packed, marked, labelled and consigned before being loaded on, suspended beneath or carried by an aircraft;

(e) any other provisions for securing the safety of aircraft and any apparatus attached thereto, and the safety of persons and property on the surface in relation to the loading on, suspension beneath or carriage by an aircraft of dangerous goods;

(f) the persons to whom information about the carriage of dangerous goods must be provided;

(g) the documents which must be produced to the [DCA] or an authorised person on request; and

(h) the powers to be conferred on an authorised person relating to the enforcement of the [Order] made hereunder.

(2) It shall be an offence to contravene or permit the contravention of or fail to comply with any [Order] made hereunder.

(3) The provisions of this article and of any [Order] made thereunder shall be additional to and not in derogation from article 69.

The main provisions of the draft Air Navigation (Dangerous Goods) (Jersey) Order 200- are:

Article 1

Interpretation

Article 2

Classification of dangerous goods

Article 3

Exceptions

Article 4

Forbidden dangerous goods

Article 5

Excepted dangerous goods

Article 6

Restricted dangerous goods

Article 7

DCA approval of certain operators

Article 8

Provision of information by the operator

Article 9

Acceptance of dangerous goods by the operator

Article 10

Method of loading by the operator

Article 11

Inspections by the operator for damage, leakage or contamination

Article 12

Removal of contamination by the operator

Article 13

Shipper’s duties

Article 14

Commander’s duty to inform air traffic control

Article 15

Provision of information and training by operators, shippers and agents

Article 16

Provision of information to passengers

Article 17

Provision of information in respect of cargo

Article 18

Occurrence reporting

Article 19

Keeping of documents

Article 20

Production of documents

Article 21

Examination and seizure

Article 22

Limited Liability Partnerships and bodies corporate

Article 23

Citation and commencement

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