Law Drafting Request for Food and Environmental Protection Act (FEPA) Deposits in the Sea Exemption Order.

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A decision made (12/04/2006) regarding Request for Law Drafting time for F.E.P.A. Exemptions.

Subject:	Request for Law Drafting time for FEPA Exemptions
Decision Reference:	MD-PE-2006-0049		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	6/1/13
Written report – Title	Law Drafting Request for Food and Environmental Protection Act (FEPA) Deposits in the Sea Exemption Order.
Written report – Author (name and job title)	Greg Morel – Fisheries Officer R & D.
Decision(s): To approve the request for law drafting be sought for the Deposits in the Sea Exemption Order
Reason(s) for decision: The Food and Environmental Protection Act 1985 (Jersey) Order 1987 (FEPA) requires a licence to be issued for the deposit of substances and articles into the sea including many everyday activities. As it is neither desirable nor practical to issue licences for many normal activities it is necessary to exempt them by order, which Article 7 of FEPA allows the Minister to do. The draft is based very closely on the UK Order that does the same thing for UK waters and once drafted will come back to the Minister for approval.
Action required: Director of Environment to request law drafting time.
Signature: (Minister/ Assistant Minister)		Date of Decision: 12 April 2006

Law Drafting Request for Food and Environmental Protection Act (FEPA) Deposits in the Sea Exemption Order.

PLANNING AND ENVIRONMENT DEPARTMENT

Law Drafting Request for Food and Environmental Protection Act (FEPA) Deposits in the Sea Exemption Order.

Purpose of the Report

The Food and Environmental Protection Act 1985 (Jersey) Order 1987 (FEPA) legislates for the dumping and depositing of material at sea for the purposes of disposal as well as construction. As many everyday activities such as deposit of fishing gear or navigational marks fall under this legislation an exemption order is required.

Background

The administration of FEPA was transferred to the Planning and Environment Department from Jersey Harbours in 2004 with the day to day running undertaken by the Fisheries and Marine Resources Section. FEPA requires a licence to be issued for the deposit of substances and articles into the sea; the sea being anything submerged at mean high water spring. Article 7 of FEPA states that the Minister may, by order, specify operations that do not require a licence, or do not require a licence if certain conditions are satisfied.

Discussion

Many everyday activities are currently covered by the FEPA legislation. This includes activities such as deposit of sewage originating from a vessel, deposit of navigation marks and deposit of fishing gear. As it is neither desirable nor practical to issue licences for such activities it is necessary to exempt them by order.

Officers believe that the drafting of such as order would constitute a “before coffee break” item as it is very short piece of legislation and the exemption list has been drafted by the Department and is appended. The list relies very heavily on the UK FEPA exemption order.

Recommendation

The Minister is asked to endorse the recommendation of officers and instruct law drafting time is sought for this order.

Written by:

Greg Morel, Fisheries Officer – Research & Development

3. Deposit from a vessel of cooling water and of ballast water, tank washings or other residues resulting from tank cleaning or tank ballasting after carriage of any substance other than a substance deposited or incinerated in pursuance of a licence.

4. Deposit of cable and associated equipment (otherwise than for the purpose of disposal) in the course of cable laying or cable maintenance.

5. Deposit of any substance from a vessel, aircraft, hovercraft or marine structure for the purpose of fighting any fire or preventing the spread of any fire.

6. Deposit of fishing gear (whether fixed or not) otherwise than for the purpose of disposal.

7. Deposit (by way of return to the sea) of fish or shellfish or parts thereof in the course of fishing operations or fish processing at sea whilst a vessel is underway.

8. Deposit (by way of return to the sea) by a fishing vessel of any article (other than a fish or shellfish) taken from the sea by the vessel in the course of normal fishing operations.

9. Deposit of any substance or article (otherwise than for the purpose of disposal) in the course of, for the purpose of, or in connection with the propagation or cultivation of fish or shellfish.

10. Deposit (by way of return to the sea) of any substance or article dredged from the sea-bed in connection with the propagation or cultivation of shellfish.

11. Deposit from a vessel, hovercraft or marine structure of any substance or article (other than bulky waste) in the course of the normal navigation or maintenance thereof.

12. Deposit of any substance or article (otherwise than for the purpose of disposal) in the course of salvage operations.

13. Deposit on the site of drilling for, or production of, oil or gas of any drill cuttings or drilling muds in the course of such drilling or production.

14. Deposit under the sea-bed on the site of drilling for, or production of, oil or gas of any substance or article in the course of such drilling or production.

15. Incineration of hydrocarbons resulting from the exploration for, or production oil or gas.

16. Deposit on the site of dredging for aggregates or other minerals of any substance or article taken from the sea in the course of such dredging.

17. Deposit in the normal course of operation of a dredging vessel of waters overflowing from the hold of the vessel.

18. Deposit of any article in connection with the provision of moorings or aids to navigation-

(a) by a harbour authority or lighthouse authority, or

(b) by any other person, if the consent of a harbour authority or lighthouse authority is required.

19. Deposit of any article in connection with the provision of navigational marks for the purposes of racing recreational craft.

20. Deposit of any article or substance in the maintenance of harbour, coast protection (other than beach replenishment), drainage or flood control works, if made on the site of the works.

21. Deposit for the purpose of treating oil on the surface of the sea of any substance produced for that purpose subject to the conditions-

(a) that the substance is a substance the use of which is for the time being approved by the Marine and Coastguard Agency (MCA), UK.

(b) that the substance is used in accordance with any conditions to which the approval was subject; and

(c) that no deposit is made in an area of the sea of a depth of less than 20 metres or within one mile of any such area save with the approval of the licensing authority.

22. Deposit of any equipment for the purpose of controlling, containing or recovering oil, mixtures containing oil, flotsam of algal blooms on or near to the surface of the sea.

23. Deposit of any scientific instrument or associated equipment (otherwise than for the purpose of disposal) in connection with scientific experiment or survey.

24. Launching of vessels, hovercrafts or marine structures

25. Deposit under the sea-bed of any substance or article (otherwise than for the

purpose of disposal) in connection with the construction or operation of a bored tunnel subject to the conditions-

(a) that notice of intention to construct the tunnel is first given to the licensing authority: and

(b) that the approval of the licensing authority is first obtained to the doing of anything which might disturb the marine environment or the living resources which it supports.