Policing of Beaches (Jersey) Regulations 1959: Minor and Routine Amendments

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A decision made 27 April 2010 regarding: Policing of Beaches (Jersey) Regulations 1959: Minor and Routine Amendments.

Decision Reference: MD-E-2010-0069
Decision Summary Title :	Minor and Routine Amendments to Policing of Beaches (Jersey) Regulations 1959		Date of Decision Summary:	12 April 2010
Decision Summary Author:	Hospitality and Leisure Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Policing of Beaches (Jersey) Regulations 1959 Amendments		Date of Written Report:	12 April 2010
Written Report Author:	Hospitality and Leisure Manager		Written Report : Public or Exempt?	Public
Subject: Policing of Beaches (Jersey) Regulations 1959: Minor and Routine Amendments
Decision(s): The Minister agreed that the Policing of Beaches (Jersey) Regulations 1959 should be amended - (i) to restrict parking on all slipways listed in the schedule of the regulations to 12 hours in 24 hours; (ii) to include an article giving the authorities the power to remove any vehicle or vessel that has been parked on the slipway for more than the permitted period; (iii) to allow parking on the western side of Dicq Slipway (La Montee du Dicq Slipway) He further requested that the Law Draftsman prepare the necessary amendment to the Regulations on the basis of a brief to be provided by the Department.
Reason(s) for Decision: These are minor and routine changes to allow an effective method of policing the Islands slipways which currently have no legislation in place. The Law Draftsman has agreed that they can be undertaken within the allowance of such matters.
Resource Implications: There will be no new financial, property, ICT or human resources issues arising.
Action required: The Hospitality and Leisure Manager will ensure the submission of the Law Drafting Instructions.
Signature: Senator A.J.H.Maclean		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Policing of Beaches (Jersey) Regulations 1959: Minor and Routine Amendments

ECONOMIC DEVELOPMENT

REPORT REGARDING AN AMENDMENTS TO THE

POLICING OF BEACHES (JERSEY) REGULATIONS 1959

THE ISSUE

The Comité des Connétables has requested that the Policing of Beaches Regulations be amended to restrict parking on slipways to 12 hours in 24 hours. In addition to this an inclusion of an article giving the relevant authorities the power to remove vehicles or vessels which have been parked for more than the permitted period and to include an ability to park on the west side of the Dicq slipway.

THE FACTS

PARKING TO BE RESTRICTED TO 12 HOURS IN 24 HOURS ON ALL SLIPWAYS LISTED IN THE SCHEDULE OF THE REGULATIONS:

The Policing of Beaches Regulations allows for parking on some specific areas of the slipways leading to the beaches, but does not restrict the time of such parking.

Problems have been experienced where vehicles and/or vessels have been left on the slipways for substantial periods of time (sometimes even abandoned) with the authorities having no ability to remove them.

Under the Harbours (Jersey) Regulations, 1962 there appears the following:

2 Unserviceable vessels and other obstructions

(1) The Harbour Master may issue a direction requiring the removal of an unserviceable or abandoned vessel or other obstruction from –

(a) a harbour; or

(b) territorial waters.

(2) The direction must be –

(a) served on the owner of the vessel or obstruction; or

(b) published if the owner is unknown or cannot be traced.

(3) If, within 7 days, the vessel or obstruction has not been moved in accordance with the direction the Harbour Master may cause the vessel or obstruction to be moved.

(4) If the Harbour Master causes the vessel or obstruction to be moved –

(a) expenses incurred in removing and storing the vessel or obstruction shall be payable by the owner; and

(b) no claim for damages shall lie against the Harbour Master or any person who moved and stored the vessel or obstruction.

(5) If –

(a) the expenses mentioned in paragraph (4)(a) are not paid within 7 days of being demanded; or

(b) the owner of the vessel or obstruction cannot be found after reasonable enquiry,

the Harbour Master may dispose of the vessel or obstruction in such manner as the Harbour Master considers appropriate.

(6) The Harbour Master must pay any proceeds arising from the disposal, after deduction of the expenses incurred –

(a) to the owner; or

(b) if no owner can be found, into the consolidated fund.

(7) For the purpose of this Regulation a vessel or obstruction is to be taken to be unserviceable or abandoned –

(a) if it appears to the Harbour Master to be abandoned due to its state of neglect, lack of maintenance or lack of attention by its owner; or

(b) where it is occupying a space in return for the payment of a fee, charge or other consideration, if the fee, charge or other consideration has not been paid.

If similar Articles, changed to reflect the current regulations, where to appear in the Policing of Beaches Regulations, together with a 12 hour parking restriction the authorities would have the right to remove vehicles and or vessels that have been parked for more than 12 hours in 24 hours.

PARKING AT THE DICQ SLIPWAY

Parking is currently permitted on all slipways listed in the schedule of the Regulations but not at the Dicq (La Montee du Dicq Slipway). The Dicq slipway is particularly wide and parking can be accommodated on one side without a problem. Whilst amending the Regulations the schedule stating where parking is permitted should be changed to add ‘The Dicq Slipway, West Side from beyond a point south of the existing slipway concession’.

All relevant authorities have been consulted on these matters (Fire Service etc) and there are no financial or manpower implications.

RECOMMENDATION

That the Minister agrees to a 12 hours in 24 hour parking restriction on slipways and introduces articles giving the power to remove vehicles and or vessels. The Minister also agrees to the inclusion of the Dicq Slipway, West Side from beyond a point south of the existing slipway concession, to be added to the existing schedule and that the necessary law drafting work be undertaken.

Hospitality and Leisure Manager

12 April 2010