The Antarctic (Jersey) Regulations 2018

Information about the publication of Ministerial Decisions

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 15 November 2018:

Decision Reference: MD-PE-2018-0084
Decision Summary Title :	Affirmation that amendments made to the UK’s Antarctic Regulations 1995 also should have effect in Jersey.			Date of Decision Summary:	8.11.18
Decision Summary Author:	Director – Natural Environment			Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written			Person Giving Oral Report:	n/a
Written Report Title:	Affirmation that amendments made to the UK’s Antarctic Regulations 1995 also should have effect in Jersey.			Date of Written Report:	8.11.18
Written Report Author:	Director – Natural Environment			Written Report : Public or Exempt?	Public
Subject: Affirmation that amendments made to the UK’s Antarctic Regulations 1995 also should have effect in Jersey.
Decision(s): The Minister affirmed that amendments made to the UK’s Antarctic Regulations 1995 also should have effect in Jersey and that draft regulations, The Antarctic (Jersey) Regulations 2018, to be made by the UK Secretary of State, be forwarded in due course for registration by the Royal Court
Reason(s) for decision: To reflect amendments made to UK legislation in respect of the Antarctic Regulations 1995.
Resource Implications: No manpower requirements
Action required: This decision to be formally communicated to the UK Government through the official channel.
Signature: Deputy John Young		Position: Minister for the Environment
Date Signed:			Date of Decision:

The Antarctic (Jersey) Regulations 2018

GROWTH HOUSING AND ENVIRONMENT.

Affirmation that amendments made to the UK’s Antarctic Regulations 1995 also should have effect in Jersey.

Purpose of the Report

For the Minister to affirm that amendments made to the UK’s Antarctic Regulations 1995 also should have effect in Jersey and that draft regulations, The Antarctic (Jersey) Regulations 2018, to be made by the Secretary of State, Foreign and Commonwealth, and forwarded in due course for registration by the Royal Court.

Background

The Antarctic (Jersey) Regulations 1997 (“the 1997 Jersey Regulations”), registered by the Royal Court of Jersey on 30 January 1998, provide for the Antarctic Regulations 1995 (of the United Kingdom “the 1995 Regulations”) to have effect in Jersey, subject to certain modifications. The 1995 Regulations prescribe the procedure by which applications can be made for permits under the Act, including provisions relating to environmental evaluations, production of permits and their revocation or suspension.

The 1997 Jersey Regulations were made pursuant to the Antarctic Act 1994, as it has effect in Jersey by virtue of the Antarctic Act 1994 (Jersey) Order 1995 (“the 1995 Order”) which was registered by the Royal Court on 05 May 1995. The 1995 Order was amended by the Antarctic Act 1994 (Jersey) (Amendment) Order 2016 (“the 2016 Order”) which was registered by the Royal Court on 07 July 2017. The 2016 Order extended to Jersey the amendments made to the Antarctic Act 1994 by sections 14 to 16 of the Antarctic Act 2013.

The 1995 Regulations were amended in the United Kingdom by further Regulations in 2008 and 2017. The 2008 and 2017 Regulations included the following purposes:

2008:

replacing the requirement for notices of environmental evaluations to be published in the London Gazette with a requirement for publication on the internet website of the Foreign and Commonwealth Office.

2017:

replacing Schedules 1 and 2 with new schedules containing up-to-date lists, coordinates and descriptions of all restricted areas and historic sites and monuments in force under the Antarctic Treaty System, and as agreed at Antarctic Treaty Consultative Meetings

The need is recognized by the Government of Jersey for those amendments also to have effect in Jersey. The draft Regulations are intended to achieve that purpose; and the Government of Jersey therefore confirms that it is content for the draft Regulations to be made by the Secretary of State, and forwarded in due course for registration by the Royal Court.

Recommendation

That the Minister affirm that amendments made to the UK’s Antarctic Regulations 1995 also should have effect in Jersey and that draft regulations, The Antarctic (Jersey) Regulations 2018, to be made by the UK Secretary of State, are forwarded in due course for registration by the Royal Court

Written by:	Director , Natural Environment

Approved by:	Director General – Growth , Housing and Environment

Ministerial Decision Case Ref: MD-PE-2018-0084