Harbours (Jersey) Regulations 1962, as amended

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (22/10/2008) regarding: Harbours (Jersey) Regulations 1962, as amended - Freight Facilities Permits.

Decision Reference: MD-E-2008-0195
Decision Summary Title :	DS- Freight Facilities Permits		Date of Decision Summary:	21/10/08
Decision Summary Author:	A Boustouler Director, Finance and Information		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Harbour Master’s Directive - Freight Facilities Permits		Date of Written Report:	21/10/08
Written Report Author:	Captain Howard Le Cornu, Chief Executive		Written Report : Public or Exempt?	Public
Subject: Harbours (Jersey) Regulations 1962, as amended – Freight Facilities Permits
Decision(s): The Assistant Minister endorsed the Harbour Master’s Directive designating commercial port facilities (used for the discharge and loading of freight) to be facilities in a harbour or territorial waters that may not be used except with and in accordance with a Harbours Facilities Permit commencing 1st January 2009. The Minister noted that, in accordance with Regulation 5(7), the Permits would be issued subject to a series of terms (including terms requiring the payment of fees or charges), conditions and limitations.
Reason(s) for Decision: The Directive will formalise the terms and conditions for the use of commercial freight facilities. There is no intention to limit the number of permits issued.
Resource Implications: Financial: To meet Jersey Harbours Income Budget for 2009 Law Drafting: none Manpower: none IT: none Property: none
Action required: None
Signature:		Position: Assistant Minister - Economic Development
Date Signed:		Date of Decision (If different from Date Signed):