INSHORE SAFETY (JERSEY) REGULATIONS 201-
REPORT
Background
The Red Tape Reform initiative in 2004-5 led to a complete review of the Boat and Surf-riding (Control) Regulations. Concern was expressed about what appeared to be a number of rigid and bureaucratic Regulations. It also became apparent that some safety issues were not as well covered as they could be, given the very high leisure use of inshore waters now seen today.
As a result, Law Drafting time was allocated in 2006 and during the process it became clear that a completely new set of simpler and shorter Regulations would be easier for all to understand rather than to amend the existing ones.
Consultation
Extensive consultation was initiated by Jersey Harbours in 2008 in order to draw attention to the proposed replacement of the existing Regulations and to seek comment on the changes as they would particularly affect local small boat and beach activities.
In addition to publishing consultation papers for any member of the public to comment, some thirty local clubs, associations, businesses and individual charter vessel owners were contacted directly.
The process provided useful feed-back. A number of issues were raised surrounding insurance, the type of designations planned and the extent of the new requirement to report incidents. These matters were then clarified and the draft legislation appropriately modified.
Key Elements in the Regulations
The main differences are listed below:
- The Regulations are reduced from a total of 41 to just 15.
- Regulation 3 allows the Minister designate an area of water for a particular sporting or recreational activities. This replaces the current situation where, for example dates and times between which surfing can take place, is laid down specifically in the Regulations.
- Temporary designations will be possible so as to separate different types of surfing or water-borne activities during special events and competitions.
- Designation notices will also replace the restrictions laid down by the current Regulations, such as those controlling speed within 200 yards of the shore and the restrictions on personal water craft at Les Ecrehous and Les Minquiers.
- Under Regulation 6, permits for vessels to be hired out or to operate as local passenger boats will be clearly linked to appropriate standards within Safety Codes or Survey and Certification legislation.
- Surfboard or sailboard registration will cease but insurance will remain compulsory.
- Regulation 8 requires insurance of all boats over 3m in length (other than privately-used rowing boats, kayaks and canoes) and this removes the anomaly where speed boats up to 30 foot in length have to be insured at the moment but not other craft.
- Insurance requirements explicitly include boats involved in towing (such as water skiing or banana rides), the hire of surfboards or the provision of tuition.
- Annual re-registration of speed boats will no longer be necessary.
- Regulation 10 extends the requirement in the Shipping Law to report serious incidents so as to include pleasure craft.
Practical Application, Penalties and Enforcement Mechanisms
In order to be effective, the intention is for the management of the Regulations, such as the designation of areas, the issuing of permits and local registration to be delegated to the Harbour Master.
Where relevant, each individual Regulation identifies the offence and the penalty for breaches of that Regulation. By and large these replace the fixed penalties in the existing legislation with the Jersey standard scale of fines and as already authorised by the Primary Law.
Enforcement will remain the responsibility of the Harbour Master and his team. Policing of the Island’s inshore waters will continue, as in the past and enforcement will remain largely reactive rather than deliberately seeking to catch people out. Jersey Harbours is planning to set up an Inshore Boat Owner group to highlight the requirements of this legislation and to advise the Harbour Master on any conflicts between activities and the introduction of future possible directions.
As now, all prosecutions are referred to the Parish Hall of the parish in which the person was arrested or the offence committed or St Helier Parish Hall if the offence was committed in the territorial waters of the Island.
Control of Powers and Appeals Process
Minister’s Power to Designate an area of water for a particular purpose – Whilst powers under Regulation 3 can be delegated to the Harbour Master, the Minister retains the right to exercise them himself if necessary. Designation of an area is confined to sporting or recreational activities and is limited to doing so only for safety or security reasons. Such directions must be published a week in advance.
Permits – Granting permits for charter boat owners, those plying for hire and passenger ships is covered in Regulations 4, 5 and 6. The appeals process is contained in Regulation 6(12). A person aggrieved by a decision regarding a refusal to grant a permit, conditions to be complied with or the cancellation or suspension of a permit, can appeal within 28 days to the Royal Court against the decision on the grounds that the decision was unreasonable.
In both cases, there is also the Administrative Decisions Review process applicable across the States.
Resource Implications
There are no new staff, finance, IT or other additional resources required. Resources to enforce the existing Boats and Surf-riding (Control) (Jersey) Regulations 1969 will remain available.
Conclusions
These Regulations will bring much-needed improvements to the safe management of water-borne activities. Consultation has been rigorous and the Regulations revised and improved as a consequence.
It remains the prerogative of the Assembly to reject or amend these Regulations but they are intended to simplify a number of matters for the very many members of the public who ‘go down to the sea in ships’. They also improve the Harbour Master’s ability to regulate inshore leisure craft activities in a way that ensures all users of our coastal waters are in a safer environment.
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