Amendments to Harbours Regulations concerning the grant of Permits, making of Agreements and other matters.

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A decision made (10/03/2008) regarding: Amendments to Harbours Regulations concerning the grant of Permits, making of Agreements and other matters.

Decision Reference: MD-E-2008-0040
Decision Summary Title :	Harbours (Amendment No. 42) (Jersey) Regulations 200-	Date of Decision Summary:	4 March 2008
Decision Summary Author:	Piers Baker – Maritime Compliance Manager	Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Oral	Person Giving Oral Report:	Maritime Compliance Manager
Written Report Title :	n/a	Date of Written Report:	n/a
Written Report Author:	n/a	Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	n/a
Subject: Amendments to Harbours Regulations concerning the grant of Permits, making of Agreements & other matters.
Decision(s): The Minister has agreed to defer debate on the Harbours (Amendment No. 41) (Jersey) Regulations 200-. He has agreed to lodge au Greffe the Harbours (Amendment No. 42) (Jersey) Regulations 200- and request that the debate in the Assembly for Amendment No. 42 should take place as soon as possible.
Reason(s) for Decision: Amendment No. 41 deals solely with the charging by Jersey Harbours for goods and freight vehicles being left on the harbours. This matter is also addressed as part of the general reform of Harbours Regulations in Amendment No. 42. Therefore, providing the Assembly approves the latter it is better for Amendment No. 41 to be delayed pending the outcome of debate on Amendment No. 42. The drafting of Amendment No. 42 is now complete. The draft Regulations were published on the departmental website on 6 November 2007. Consultation has taken place with the Jersey Port Users Association, individual shipping operators and the JCRA. Changes have been made as a result. However, dissent remains in that some would prefer a much less regulated situation and for socio-economic outcomes to be decided by the market. It is believed that until definitive research is carried out this is not possible and that current States policy does not allow pursuit of an unrestrained open seas policy. The proposed joint Channel Island Statement was the subject of a Press Release on 25 January 2008 having previously been sent to Condor, HD and the JCRA all of whom have commented formally or otherwise. The Report brings the various strands of sea transport policy together so that a fully informed decision may be made. These Regulations are necessary so that (a) commercial ship access can be managed with proper regard to Island socio-economic needs (b) minimum service level requirements can be part of the legislation rather than within separate service level agreements, (c) the arrangements are improved to ensure effective appeals, greater public awareness and user involvement in transparent and non-discriminatory processes and (d) there can be effective, efficient and modern day-to-day management of the port.

Resource Implications: There are no new financial, property, ICT or human resources issues arising.
Action required: Following the Ministerial Decision, debate on Amendment No. 41 will be postponed and Amendment No. 42 will be lodged for debate. The Greffier is asked to put the Regulations down for debate at the earliest opportunity following the 6 weeks lodging period.
Signature: Senator P.F.C.Ozouf	Position: Minister
Date Signed:	Date of Decision (If different from Date Signed):