Electricity Link with France (Protection of Submarine Cable) (Jersey) Regulations 200-
Background
These Regulations are required to give a degree of legal protection to the undersea cables that now supply almost all of Jersey’s electricity. They prohibit fishing or anchoring in the vicinity of the cables. As part of the enforcement and advisory regime, the exclusion area remains marked clearly on all relevant charts.
The Regulations are triennial and therefore, if they are to be maintained, require being put before the States every 3 years. The existing Regulations expire on 13 December 2007.
Research and the possibility of permanent legislation
Prior to the coming into force of the existing Regulations, discussions took place with legal advisers and with personnel in the Channel Island Energy Group. Permanent legislation, involving an amendment to the Shipping (Jersey) Law 2002, could be brought in to replace the triennial process.
As now, such legislation would only be able to regulate shipping within territorial limits. However, partial protection is considered better than none. The view remains that the Island is now so very clearly dependent on the link with France that a higher level of protection than mere advisory notes is necessary.
With that in mind, bids for law drafting time to introduce permanent legislation were made in 2005 and again at the beginning of this year. However, because of the current pressure on law drafting time it was not possible to proceed down this route. It remains the intention to bid again in 2008 so that this process does not have to be repeated indefinitely.
Consultation with fishermen: Undersea cable links to Guernsey
The issue of extension of the protection to cover the Jersey-to-Guernsey link has been previously raised with the fishing community and the States Sea Fisheries Adviser. Discussion revealed strong opposition because of the effect prohibition could have on current fishing practices in the vicinity of the link.
Unfortunately, it is precisely the prevalence of fishing in the area of the Guernsey-Jersey link that makes cable damage and an increased safety risk a real possibility. This remains a concern of the Channel Island Energy Group and will continue to be monitored closely.
For the time being at least, the Island’s strategic needs are met by protection of the French link alone.
Enforcement and policing
The policing policy has been to react to any infringement that may occur. Enforcement would be pursued through the courts if persuasive action and due warning were ineffective. To date there have been no prosecutions and the Regulations appear to have been effective as a deterrent.
Financial and Human Resource implications
The Regulations continue an established regime and no new resources are required.
PGHB
7 September 2007