Food and Environment Protection Act 1985 (Jersey) Order 1987
Jersey Order in Council 8/1987
THE FOOD AND ENVIRONMENT PROTECTION ACT 1985 (JERSEY)
ORDER, 1987.
____________
(Registered on the 8th day of May, 1987.)
____________
At the Court of Windsor Castle.
____________
7th April, 1987.
____________
PRESENT
The Queen’s Most Excellent Majesty in Council.
____________
HER MAJESTY, in pursuance of section
26(1) and (2) of the Food and Environment Protection Act 1985, is pleased,
by and with the advice of Her Privy Council, to order, and it is hereby
ordered, as follows –
1. This Order may
be cited as the Food
and Environment Protection Act 1985 (Jersey)
Order 1987 and shall come into force on 1st May, 1987.
2. In this Order,
the expression “the Bailiwick” means the Bailiwick of Jersey and
the territorial waters adjacent thereto.
3. Part
II (including Schedules 2 to 4) and Part IV of the Food and Environment
Protection Act 1985 shall extend to the Bailiwick with the
exceptions, adaptations and modifications specified in the Schedule to this
Order.
G.I. DE DENEY
Clerk of the Privy Council.
SCHEDULE
(Article 3)
Exceptions, Adaptations and Modifications in the Extension of
Provisions of the Food
and Environment Protection Act 1985 to the Bailiwick of Jersey
1. Any
reference to, or to a provision of, an Act of Parliament (including the Food and Environment
Protection Act 1985) shall be construed, unless the contrary
intention appears, as a reference to it as has effect in the Bailiwick.
2. Except
in sections 12 and 24(3), for any reference to –
(a) the Ministers,
one or other of the Ministers or either of the Ministers; or
(b) a licensing
authority;
there shall be substituted a reference to the Committee.
3. In
section 5 –
(a) in paragraph (a),
for the words “United
Kingdom waters” there shall be
substituted the words “the Bailiwick”;
(b) in paragraph (b),
the words “British aircraft” in both places where they occur shall
be omitted and for the word “British” wherever else it occurs there
shall be substituted the word “Jersey”;
(c) in paragraph (c),
for the words “the United
Kingdom or United Kingdom waters” in
both places where they occur there shall be substituted the words “the
Bailiwick”;
(d) in paragraph (d),
for the words “the United
Kingdom” there shall be substituted
the words “the Bailiwick”;
(e) in paragraph (e)
–
(i) in
sub-paragraph (i), for the words “United Kingdom
waters” there shall be substituted the words “the Bailiwick”,
(ii) in
sub-paragraph (ii), the words “British aircraft” shall be
omitted and for the word “British” wherever else it occurs there
shall be substituted the word “Jersey”;
and
(iii) in
sub-paragraph (iii), for the words “the United Kingdom or United Kingdom
waters” there shall be substituted the words “the Bailiwick”;
(f) in
paragraph (f), for the words “the United Kingdom or United Kingdom
waters” there shall be substituted the words “the Bailiwick”;
(g) in paragraph (g),
for the words “the United
Kingdom” there shall be substituted
the words “the Bailiwick”; and
(h) in paragraph (h),
for the words “the United Kingdom or United Kingdom waters” there
shall be substituted the words “the Bailiwick”.
4. In
section 6(1) –
(a) in paragraph (a)
–
(i) in
sub-paragraph (i) for the words “United Kingdom
waters” there shall be substituted the words “the Bailiwick”;
(ii) in
sub-paragraph (ii), for the word “British” in both places
where it occurs there shall be substituted the word “Jersey”;
and
(iii) in
sub-paragraph (iii), for the words “the United Kingdom or United Kingdom
waters” there shall be substituted the words “the Bailiwick”;
and
(b) in paragraph (b),
for the words “the United Kingdom or United Kingdom waters” there
shall be substituted the words “the Bailiwick”.
5. In
section 7 –
(a) in subsection
(1), for the words “jointly by order made by statutory instrument”
there shall be substituted the words “by order”; and
(b) subsection (4)
shall be omitted.
6. In
section 8 –
(a) in subsection
(4)(b), for the words “United
Kingdom waters” there shall be
substituted the words “the Bailiwick”;
(b) in subsection
(6), the words “, and in Scotland
sufficient evidence,” shall be omitted;
(c) for subsection
(7) there shall be substituted the following subsection –
“(7) The
Committee may require an applicant for a licence, on
making his application, to pay such reasonable fee in respect of the
administrative expenses of processing his application as may be determined by
the Committee”; and
(d) subsection (9)
shall be omitted.
7. In
section 9(5), for the words “United Kingdom waters” there
shall be substituted the words “the Bailiwick”.
8. In
section 11 –
(a) in subsection
(2)(a) and (b), for the words “United Kingdom” there shall
be substituted the word “Bailiwick”;
(b) for subsection
(2)(c) there shall be substituted the following paragraph –
“(c) Jersey vessels, Jersey
hovercraft and Jersey marine structures,
wherever they may be,”; and
(c) in subsection
(3), for the words “British vessel” there shall be substituted the
words “Jersey vessel”.
9. In
section 12, subsection (3) shall be omitted.
10. In section
14, the words “with the consent of the Treasury” shall be omitted.
11. In section
15, subsections (2) to (6)
shall be omitted.
12. For section
20 there shall be substituted the following section –
“20.-(1) Subject to subsection (2) below, a
person authorised to enforce Part II of this Act may
perform any functions under this Act in relation to land in which there is a
Crown interest.
(2) Such
a person shall not perform any functions –
(a) in relation to
land in which there is no interest other than a Crown interest; or
(b) in relation to
land which is exclusively in Crown occupation.
(3) In
this section –
“Crown interest” means any interest belonging to Her
Majesty in right of the Crown; and
“Crown occupation” means occupation by Her Majesty in
right of the Crown.”
13. In section
21 –
(a) subsections
(2), (4) and (5) shall be omitted;
(b) for subsection
(1) there shall be substituted the following subsection –
“(1) A
person guilty of an offence under section 9(1) above shall be liable to a fine
or to imprisonment for a term of not more than two years or to both.”;
(c) for subsection
(3) there shall be substituted the following subsection –
“(3) A
person guilty of an offence under section 9(2) above or under Schedule 2
to this Act shall be liable to a fine.”; and
(d) in subsection
(8), for the words “any place in the United Kingdom” there shall
be substituted the words “the Bailiwick”.
14. Section 23
shall be omitted.
15. In section
24 –
(a) for subsection
(1) there shall be substituted the following subsection –
“(1) in
this Act, unless the context otherwise requires –
‘a Board of Administrative Appeal’ means a Board
constituted in accordance with the Administrative Decisions (Review) (Jersey) Law, 1982;
‘British fishery limits’ has the meaning assigned to it
by the Fishery
Limits Act 1976;
‘captain’, in relation to a hovercraft, means the
person who is designated by the operator to be in charge of it during any
journey, or, failing such designation, the person who is for the time being
lawfully in charge of it;
‘commander’, in relation to an aircraft, means the
member of the flight crew designated as commander of that aircraft by the
operator, or, failing such designation, the person who is for the time being
the pilot in command of the aircraft;
‘the Committee’ means the Harbours
and Airport Committee
of the States of Jersey;
‘Convention
State’ means a
state which is a party to the London Convention or the Oslo Convention;
‘incineration’ has the meaning assigned to it by
section 6 above;
‘Jersey hovercraft’ means a hovercraft, other than a
hovercraft registered in the United Kingdom, owned or operated by an individual
resident in, or a body incorporated under the law of, the Bailiwick;
‘Jersey marine
structure’ means a marine structure owned by or leased to an individual
resident in, or a body incorporated under the law of, the Bailiwick;
‘Jersey vessel’ means
a vessel registered in Jersey under the Merchant Shipping Act
1894 or under any Jersey
enactment;
‘licence’ means a licence under Part II of this Act;
‘the London Convention’ means the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other Matter concluded
at London in
December 1972;
‘marine structure’ means a platform or other man-made
structure at sea, other than a pipe-line;
‘master’, in relation to any vessel, includes the
person for the time being in charge of the vessel;
‘the Ministers’ means the Minister of Agriculture,
Fisheries and Food and the Secretary of State;
‘the Oslo Convention’ means the Convention for the
Prevention of Marine Pollution by Dumping from Ships and Aircraft concluded at Oslo in February 1972;
‘sea’ includes any area submerged at mean high water
springs and also includes, so far as tide flows at mean high water springs, an
estuary or arm of the sea and the waters of any channel, creek, bay or river;
‘vessel’ has the meaning assigned to it by section 742
of the Merchant
Shipping Act 1894.”; and
(b) in subsection
(3) –
(i) the
words “or regulations” in both places where they occur shall be
omitted; and
(ii) for the words
“as the Minister” there shall be substituted the words “as
the Committee or the Minister”.
16. Sections
25, 26 and 27 shall be omitted.
17. In Schedule 2
–
(a) for paragraph
1 there shall be substituted the following paragraph –
“1. In
this Schedule ‘officer’ means a person authorised
to enforce Part II of this Act.”;
(b) in paragraph 3
–
(i) in
sub-paragraph (1), for the words “Part I or II” there shall be
substituted the words “Part II”, and
(ii) sub-paragraphs (3)
to (5) shall be omitted;
(c) paragraph 5(3)
shall be omitted; and
(d) in paragraph 7
–
(i) in
sub-paragraphs (1) and (2), for the words “a justice” there
shall be substituted the words “the Bailiff”; and
(ii) sub-paragraphs (3)
and (4) shall be omitted.
18. In Schedule 3
–
(a) for paragraph
5 there shall be substituted the following paragraph –
“5. If
within 28 days of receipt of a notice under this Schedule giving the
Committee’s reasons the person to whom the notice is given makes written
representations to the Committee concerning the matter to which the notice
related, the Committee shall refer the matter to a Board of Administrative
Appeal which shall act as if an application for review had been received by it
under the Administrative
Decisions (Review) (Jersey) Law, 1982.”;
and
(b) paragraphs 7
to 17 shall be omitted.
FOOD AND ENVIRONMENT PROTECTION ACT 1985
CHAPTER 48
|
ARRANGEMENT OF SECTIONS.
|
|
PART
I.
|
|
CONTAMINATION OF FOOD.
|
|
* * * * * * *
|
|
PART
II.
|
|
DEPOSITS IN THE SEA.
|
|
Licensing.
|
|
Section
|
|
|
5.
|
Requirement of licences for deposit of
substances and articles in the sea etc.
|
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6.
|
Requirement of licences for incineration
at sea etc.
|
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7.
|
Exemptions.
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8.
|
Licences.
|
|
Offences
relating to licensing system etc.
|
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9.
|
Offences relating to licensing system.
|
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10.
|
Power to take remedial action.
|
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Enforcement.
|
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11.
|
Powers of officers.
|
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12.
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Enforcement of Conventions.
|
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Miscellaneous.
|
|
Section
|
|
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13.
|
Powers of [the Committee] to test and to
charge for testing.
|
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14.
|
Duty of [the Committee] to keep register
of licences.
|
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15.
|
Repeal of Dumping at Sea Act 1974,
consequential amendments and transitional provisions.
|
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PART III.
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PESTICIDES ETC.
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* * * * * * *
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PART
IV.
|
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GENERAL
AND SUPPLEMENTARY.
|
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20.
|
Application to Crown etc.
|
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21.
|
Offences –
penalties etc.
|
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22.
|
General defence of due diligence.
|
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23.
|
Financial
provisions.
|
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24.
|
Interpretation.
|
|
25.
|
Northern Ireland.
|
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26.
|
Channel Islands etc.
|
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27.
|
Commencement.
|
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28.
|
Short title.
|
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SCHEDULES.
|
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SCHEDULE 1 – Emergency
prohibitions.
|
|
* * * * * * *
|
|
SCHEDULE 2 – Officers and
their powers.
|
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SCHEDULE 3 – Licences
– right to make representations etc.
|
|
SCHEDULE 4 – Particulars to
be contained in registers.
|
|
Part I –
Licences for deposit or incineration or associated operations.
|
|
Part II
– Licences for scuttling or associated operations.
|
|
SCHEDULE 5 – The Advisory
Committee.
|
|
* * * * * * *
|
ELIZABETH II
1985 CHAPTER 48
AN ACT to authorise
the making in an emergency of orders specifying activities which are to be
prohibited as a precaution against the consumption of food rendered unsuitable
for human consumption in consequence of an escape of substances; to replace the
Dumping at Sea Act
1974 with fresh provision for controlling the deposit of
substances and articles in the sea; to make provision for the control of the
deposit of substances and articles under the sea-bed; to regulate pesticides
and substances, preparations and organisms prepared or used for the control of
pests or for protection against pests; and for connected purposes.
[16th July, 1985]
BE IT ENACTED by the Queen’s most
Excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows –
PART I
CONTAMINATION
OF FOOD
* * * * * * *
PART II
DEPOSITS
IN THE SEA
Licensing
5. Subject to the
following provisions of this Part of this Act, a licence
under this Part of this Act is needed –
(a) for the
deposit of substances or articles within [the Bailiwick], either in the sea or
under the sea-bed –
(i) from
a vehicle, vessel, aircraft, hovercraft or marine structure;
(ii) from a
container floating in the sea; or
(iii) from a
structure on land constructed or adapted wholly or mainly for the purpose of
depositing solids in the sea;
(b) for the deposit
of substances or articles anywhere in the sea or under the sea-bed –
(i) from
a [Jersey] vessel, * *, [Jersey]
hovercraft or [Jersey] marine structure; or
(ii) from a
container floating in the sea, if the deposit is controlled from a [Jersey] vessel, * *, [Jersey]
hovercraft or [Jersey] marine structure;
(c) for the
deposit of substances or articles anywhere within British fishery limits,
either in the sea or under the sea-bed –
(i) from
a foreign vessel, foreign aircraft, foreign hovercraft or foreign marine
structure which was loaded in [the Bailiwick] with any of those substances or
articles; or
(ii) from a
container floating in the sea which was loaded with any of those substances or
articles in [the Bailiwick], if the deposit is controlled from a foreign
vessel, foreign aircraft, foreign hovercraft or foreign marine structure;
(d) for the
deposit of substances or articles anywhere under the seabed within British
fishery limits from a vehicle which was loaded in [the Bailiwick] with any of
those substances or articles;
(e) for the
scuttling of vessels –
(i) in
[the Bailiwick];
(ii) anywhere at
sea, if the scuttling is controlled from a [Jersey]
vessel, * *, [Jersey] hovercraft or [Jersey] marine structure; or
(iii) anywhere at
sea within British fishery limits, if it is controlled from a foreign vessel,
foreign aircraft, foreign hovercraft or foreign marine structure and the vessel
scuttled was towed or propelled to the place where the scuttling takes place
from [the Bailiwick];
(f) for the
loading of a vessel, aircraft, hovercraft, marine structure or floating
container in [the Bailiwick] with substances or articles for deposit anywhere
in the sea or under the sea-bed;
(g) for the
loading of a vehicle in [the Bailiwick] with substances or articles for deposit
from that vehicle as mentioned in paragraph (a) or (d) above; and
(h) for the towing
or propelling from [the Bailiwick] of a vessel for scuttling anywhere at sea.
6.-(1) Subject to the following provisions of
this Part of this Act, a licence is needed –
(a) for the
incineration of substances or articles on a vessel or marine structure –
(i) in
[the Bailiwick];
(ii) anywhere at
sea, if the incineration takes place on a [Jersey]
vessel or [Jersey] marine structure; or
(iii) anywhere at
sea within British fishery limits, if the incineration takes place on a foreign
vessel or foreign marine structure which was loaded in [the Bailiwick] with any
of those substances or articles; and
(b) for the
loading of a vessel or marine structure in [the Bailiwick] with substances or
articles for incineration anywhere at sea.
(2) In this Act
“incineration” means any combustion of substances and materials for
the purpose of their thermal destruction.
7.-(1) [The
Committee] may [by order] specify operations –
(a) which are not
to need a licence; or
(b) which are not
to need a licence if they satisfy conditions
specified in the order.
(2) The conditions
that an order under this section may specify include conditions enabling [the
Committee] to require a person to obtain [the Committee’s] approval
before he does anything for which a licence would be
needed but for the order.
(3) Approval under
subsection (2) above may be without conditions or subject to such conditions as
[the Committee] considers appropriate.
(4) * * * * * * *
8.-(1) In determining whether to issue a licence [the Committee] –
(a) shall have
regard to the need –
(i) to
protect the marine environment, the living resources which it supports and
human health; and
(ii) to prevent
interference with legitimate uses of the sea; and
(b) may have
regard to such other matters as [the Committee] considers relevant.
(2) With prejudice
to the generality of subsection (1) above, where it appears to [the Committee]
that the applicant for a licence has applied for the licence with a view to the disposal of the substances or
articles to which it would relate, [the Committee], in determining whether to
issue a licence, shall have regard to the practical
availability of any alternative methods of dealing with them.
(3) [The
Committee] –
(a) shall include
such provisions in a licence as appear to [the
Committee] to be necessary or expedient –
(i) to
protect the marine environment, the living resources which it supports and
human health; and
(ii) to prevent
interference with legitimate uses of the sea; and
(b) may include in
a licence such other provisions as [the Committee]
considers appropriate.
(4) With prejudice
to the generality of subsection (3) above, [the Committee] –
(a) may include in
any licence provisions requiring –
(i) that
no operation authorised by the licence
shall be carried out until [the Committee] has given such further consent to or
approval of the operation as the licence may specify;
and
(ii) that
automatic equipment shall be used for recording such information relating to
any operation of deposit, scuttling or incineration mentioned in the licence as [the Committee] may specify; and
(b) may include in
a licence which only authorises
operations such as are mentioned in section 5(f) or (h) above or section
6(1)(b) above provisions requiring that any operation of deposit, scuttling or
incineration which is mentioned in it shall take place at a specified site,
whether in [the Bailiwick] or not.
(5) [The
Committee] may require an applicant for a licence to
supply such information and permit such examinations and tests as in the
opinion of [the Committee] may be necessary or expedient to enable [the
Committee] to decide whether a licence should be issued
to the applicant and the provisions which any licence
that is issued to him ought to contain.
(6) Where
automatic recording equipment is used in accordance with a provision included
in a licence by virtue of subsection 4(a) above, any
record produced by means of the equipment shall, in any proceedings under this
Part of this Act, be evidence * * * * of the matters appearing from the record.
[(7) The Committee may
require an applicant for a licence, on making his
application, to pay such reasonable fee in respect of the administrative
expenses of processing his application as may be determined by the Committee.]
(8) [The
Committee] may also require an applicant for a licence
to pay a further reasonable fee towards the expense –
(a) of carrying
out any examinations and tests which in the opinion of [the Committee] are
necessary or expedient to enable [the Committee] to decide –
(i) whether
to issue a licence to the applicant; and
(ii) the
provisions which any licence issued to him ought to
include;
(b) of checking
the manner in which operations for which a licence is
needed have been or are being conducted; and
(c) of monitoring
the effect of such operations.
(9) * * * * * * *
(10) [The Committee] may vary
or revoke a licence which [the Committee] has issued
if it appears to [the Committee] that there has been a breach of any of its
provisions.
(11) [The Committee] may vary
or revoke a licence which (the Committee] has issued
if it appears to [the Committee] that the licence
ought to be varied or revoked –
(a) because of a
change in circumstances relating to the marine environment, the living
resources which it supports or human health; or
(b) because of
increased scientific knowledge relating to any of those matters; or
(c) for any other
reason that appears to [the Committee] to be relevant.
(12) Schedule 3 to this
Act shall have effect.
Offences relating to licensing system etc
9.-(1) Subject to subsections (3) to (7) below, a person who
–
(a) except in
pursuance of a licence and in accordance with its
provisions, does anything for which a licence is
needed; or
(b) causes or
permits any other person to do any such thing except in pursuance of a licence and in accordance with its provisions,
shall be guilty of an offence.
(2) A person who
for the purpose of procuring the issue of a licence,
or in purporting to carry out a duty imposed on him by the provisions of a licence –
(a) makes a
statement which he knows to be false in a material particular;
(b) recklessly
makes a statement which is false in a material particular; or
(c) intentionally
fails to disclose any material particular,
shall be guilty of an offence.
(3) Subject to
subsection (4) below, it shall be a defence for a
person charged with an offence under subsection (1) above in relation to any
operation to prove –
(a) that the
operation was carried out for the purpose of securing the safety of a vessel,
aircraft, hovercraft or marine structure or of saving life; and
(b) that he took
steps within a reasonable time to inform [the Committee] –
(i) of
the operation;
(ii) of the
locality and circumstances in which it took place; and
(iii) of any
substances or articles concerned.
(4) A person does
not have the defence provided by subsection (3) above
if the court is satisfied –
(a) that the
operation –
(i) was
not necessary for any purpose mentioned in paragraph (a) of that
subsection; and
(ii) was not a
reasonable step to take in the circumstances; or
(b) that it was necessary
for one of those purposes but the necessity was due to the fault of the
defendant.
(5) It shall be a defence for a person charged with an offence under
subsection (1) above in relation to any operation –
(a) which falls
within section 5(b) or (e)(ii) or 6(1)(a)(ii) above; and
(b) which was
carried out outside [the Bailiwick],
to prove that subsections (6) and (7) below are satisfied in
respect of that operation.
(6) This
subsection is satisfied –
(a) in respect of
an operation falling within section 5(b) above, if the vessel, aircraft,
hovercraft, marine structure or container (as the case may be) was loaded in a Convention State or the national or territorial
waters of a Convention
State with the substances
or articles deposited;
(b) in respect of
an operation falling within section 5(e)(ii) above, if the vessel scuttled was
towed or propelled from a Convention State or the national or territorial
waters of a Convention State to the place where the scuttling was carried out;
or
(c) in respect of
an operation falling within section 6(1)(a)(ii) above, if the vessel or marine
structure on which the incineration took place was loaded in a Convention State or the national or territorial
waters of a Convention
State with the substances
or articles incinerated.
(7) This
subsection is satisfied in respect of an operation if the operation took place
in pursuance of a licence issued by the responsible
authority in the Convention State concerned and in accordance with the
provisions of that licence.
10.-(1) [The Committee] may carry out any
operation which appears to [the Committee] to be necessary or expedient for the
purpose of protecting the marine environment, the living resources which it
supports and human health, or of preventing interference with legitimate use of
the sea, in any case where anything for which a licence
is needed appears to have been done otherwise than in pursuance of a licence and in accordance with its provisions.
(2) If [the
Committee] carries out an operation under subsection (1) above, [the Committee]
may recover any expenses reasonably incurred by [the Committee] in carrying it
out from any person who has been convicted of an offence in consequence of the
act or omission which made it appear to [the Committee] to be necessary or expedient
to carry out the operation.
Enforcement
11.-(1) [The Committee] may authorise
any person subject to such limitations as may be specified in the instrument authorising [the Committee] to enforce this Part of this
Act; and the following provisions of this Act shall be construed, in reference
to a person so authorised, as subject to any such
limitations.
(2) Subject to the
following provisions of this Act, a person so authorised
may enter –
(a) land and
vehicles in the [Bailiwick];
(b) foreign
vessels, foreign aircraft, foreign hovercraft and foreign marine structures in
the [Bailiwick] or within British fishery limits;
[(c) Jersey vessels,
Jersey hovercraft and Jersey marine structures, wherever they may be,]
if he has reasonable grounds for believing that any substances or
articles intended to be deposited in the sea or under the sea-bed or
incinerated on a vessel or marine structure at sea are or have been present
there.
(3) A person so authorised may board –
(a) any vessel
within British fishery limits; and
(b) any [Jersey vessel] wherever it may be,
if it appears to him that it is intended to be scuttled.
(4) A person so authorised shall not enter premises used only as a dwelling
for the purpose of enforcing this Part of this Act.
(5) Schedule 2
to this Act shall have effect with respect to persons authorised
to enforce this Part of this Act.
12.-(1) The Ministers may jointly by order made
by statutory instrument –
(a) declare that
any procedure which has been developed for the effective application of the
London Convention or the Oslo Convention and is specified in the order is an
agreed procedure as between Her Majesty’s Government and the United
Kingdom and the Government of any Convention State so specified; and
(b) specify any of
the powers conferred by this Act for the purpose of enforcing this Part of this
Act as a power that may be exercised, by such persons in such circumstances and
subject to such conditions or modifications as may be specified, for the
purpose of enforcing that procedure.
(2) A person who
exercises any powers by virtue of an order under this section shall have the
same rights and liabilities in relation to their exercise that a person authorised under section 11 above would have in relation to
the exercise of any powers for the purpose of enforcing this Part of this Act.
(3) * * * * * * *
Miscellaneous
13.-(1) At the request of any person [the
Committee] may conduct tests for the purpose of ascertaining the probable
effect on the marine environment and the living resources which it supports of
using for the purpose of treating oil on the surface of the sea any substance
produced for that purpose.
(2) If [the
Committee] conducts any tests under this section [the Committee] may recover
any expenses reasonably incurred by [the Committee] in conducting them from any
person at whose request they were conducted.
14. [The
Committee] shall compile and keep available for public inspection free of
charge at reasonable hours a register containing –
(a) in respect of
each licence issued by [the Committee] for an
operation such as is mentioned in section 5(a), (b), (c), (d), (f) or (g) or
section 6 above, the particulars specified in Part I of Schedule 4 to this
Act; and
(b) in respect of
each licence so issued for an operation such as is mentioned
in section 5(e) or (h) above, the particulars specified in Part II of that
Schedule,
and shall furnish a copy of the entry relating to any such licence to any person on payment by him of such reasonable
fee as [the Committee] may * * * determine.
15.-(1) The Dumping at Sea Act 1974 is hereby repealed.
(2) * * * * * * *
(3) * * * * * * *
(4) * * * * * * *
(5) * * * * * * *
(6) * * * * * * *
(7) Without
prejudice to section 17(2) of the Interpretation Act 1978 (repeal and re-enactment) any licence under the Dumping at Sea Act 1974 which is in force immediately before the
commencement of this Part of this Act –
(a) shall have
effect as from the commencement of this Part of this Act as if granted under
this Part of this Act; and
(b) in the case of
a licence for a specified period shall remain in
force, subject to the provisions of this Part of this Act, for so much of that
period as falls after the commencement of this Part of this Act.
PART III
PESTICIDES ETC
* * * * * * *
PART IV
GENERAL
AND SUPPLEMENTARY
[20.-(1) Subject to subsection (2) below, a
person authorised to enforce Part II of this Act may
perform any functions under this Act in relation to land in which there is a
Crown interest.
(2) Such a person
shall not perform any functions –
(a) in relation to
land in which there is no interest other than a Crown interest; or
(b) in relation to
land which is exclusively in Crown occupation.
(3) In this
section –
“Crown interest” means any interest belonging to Her
Majesty in right of the Crown; and
“Crown occupation” means occupation by Her Majesty in
right of the Crown.]
21.-[(1) A person guilty of an offence under
section 9(1) above shall be liable to a fine or to imprisonment for a term of
not more than two years or to both.]
(2) * * * * * * *
(3) [A person
guilty of an offence under section 9(2) above or under Schedule 2 to this
Act shall be liable to a fine.]
(4) * * * * * * *
(5) * * * * * * *
(6) Where an
offence under this Act which has been committed by a body corporate is proved
to have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of, a director, manager, secretary or other similar
officer of the body corporate, or any person who was purporting to act in any
such capacity, he as well as the body corporate shall be guilty of that offence
and be liable to be proceeded against and punished accordingly.
(7) Where the
affairs of a body corporate are managed by its members, subsection (6) above
shall apply in relation to the acts and defaults of a member in connexion with his functions of management as if he were a
director of the body corporate.
(8) Proceedings
for any offence under this Act may be taken, and the offence may for all
incidental purposes be treated as having been committed, in [the Bailiwick].
22.-(1) In any proceedings for an offence under
this Act it is a defence for the person charged to
prove that he took all reasonable precautions and exercised all due diligence
to avoid the commission of the offence.
(2) Without
prejudice to the generality of subsection (1) above, a person is to be taken to
have established the defence provided by that
subsection if he proves –
(a) that he acted
under instructions given to him by his employer; or
(b) that he acted
in reliance on information supplied by another person without any reason to
suppose that the information was false or misleading,
and in either case that he took all such steps as were reasonably
open to him to ensure that no offence would be committed.
(3) If in any case
the defence provided by subsection (1) above involves
an allegation that the commission of the offence was due to an act or omission
by another person, other than the giving of instructions to the person charged
with the offence by his employer, or to reliance on information supplied by
another person, the person charged shall not, without leave of the court, be
entitled to rely on that defence unless within a
period ending seven clear days before the hearing, he has served on the
prosecutor a notice giving such information identifying or assisting in the
identification of that other person as was then in his possession.
23. * * * * * *
*
24.-[(1) In this Act, unless the context
otherwise requires –
“a Board of Administrative Appeal” means a Board
constituted in accordance with the Administrative Decisions (Review) (Jersey) Law, 1982;
“British fishery limits” has the meaning assigned to it
by the Fishery
Limits Act 1976;
“captain”, in relation to a hovercraft, means the
person who is designated by the operator to be in charge of it during any
journey, or, failing such designation, the person who is for the time being
lawfully in charge of it;
“commander”, in relation to an aircraft, means the
member of the flight crew designated as commander of that aircraft by the
operator, or, failing such designation, the person who is for the time being
the pilot in command of the aircraft;
“the Committee’ means the Harbours
and Airport Committee of the States of Jersey;
“Convention
State’ means a
state which is a party to the London Convention or the Oslo Convention;
“incineration” has the meaning assigned to it by
section 6 above;
“Jersey hovercraft”
means a hovercraft other than a hovercraft registered in the United Kingdom, owned or operated
by an individual resident in, or a body incorporated under the law of, the
Bailiwick;
“Jersey marine
structure” means a marine structure owned by or leased to an individual
resident in, or a body incorporated under the law of, the Bailiwick;
“Jersey vessel” means
a vessel registered in Jersey under the Merchant Shipping Act
1894 or under any Jersey
enactment;
“licence” means a licence under Part II of this Act;
“the London Convention” means the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other Matter concluded
at London in
December 1972;
“marine structure” means a platform or other man-made
structure at sea, other than a pipe-line;
“master”, in relation to any vessel, includes the
person for the time being in charge of the vessel;
“the Ministers” means the Minister of Agriculture,
Fisheries and Food and the Secretary of State;
“the Oslo Convention” means the Convention for the
Prevention of Marine Pollution by Dumping from Ships and Aircraft concluded at Oslo in February 1972;
“sea” includes any area submerged at mean high water
springs and also includes, so far as the tide flows at mean high water springs,
an estuary or arm of the sea and the waters of any channel, creek, bay or
river;
“vessel” has the meaning assigned to it by section 742
of the Merchant
Shipping Act 1894.]
(2) Any reference
in this Act to the London Convention or the Oslo Convention is a reference to
it as it has effect from time to time.
(3) Any power
conferred by this Act to make orders * * may be exercised –
(a) either in
relation to all cases to which the power extends, or in relation to all those
cases subject to specified exceptions, or in relation to any specified cases or
classes of case; and
(b) so as to make,
as respects the cases in relation to which it is exercised –
(i) the
full provision to which the power extends or any less provision (whether by way
of exception or otherwise);
(ii) the same
provision for all cases in relation to which the power is exercised, or
different provision for different cases or different classes of case, or
different provision as respects the same case or class of case for different
purposes of this Act;
(iii) any such
provision either unconditionally, or subject to any specified condition,
and
includes power to make such incidental or supplemental provision in the orders
* * [as the Committee or the Minister] making them considers appropriate.
25. * * * * * *
*
SCHEDULES
SCHEDULE 1
(Section 1)
EMERGENCY PROHIBITIONS
* * * * * * *
SCHEDULE 2
(Sections 4,11 and 19)
OFFICERS AND THEIR POWERS
Introductory
[1. In
this Schedule “officer” means a person authorised
to enforce Part II of this Act.]
Assistants for officers etc
2.-(1) An officer may take with him, to assist
him in performing his functions –
(a) any other
person; and
(b) any equipment
or materials.
(2) A person whom
an officer takes with him to assist him may perform any of the officer’s
functions, but only under the officer’s supervision.
Powers in relation to vessels, aircraft etc
3.-(1) In order to perform functions under
[Part II] of this Act an officer may require any person –
(a) to give
details of any substances or articles on board a vessel, aircraft, hovercraft
or marine structure; and
(b) to give
information concerning any substances or articles lost from a vessel, aircraft,
hovercraft or marine structure.
(2) In order to
perform any such functions an officer –
(a) may require
any vessel, aircraft, hovercraft or marine structure to stop; and
(b) may require
the attendance –
(i) of
the master, captain or commander of a vessel, aircraft or hovercraft;
(ii) of the person
in charge of a marine structure; and
(iii) of any other
person who is on board a vessel, aircraft, hovercraft or marine structure,
and may require any person on board to assist him in the
performance of his functions.
(3) * * * * * * *
(4) * * * * * * *
(5) * * * * * * *
Containers etc
4. Without
prejudice to his powers under any other provision of this Act, in order to
perform his functions an officer –
(a) may open any
container;
(b) may carry out
searches, inspections, measurements and tests;
(c) may take
samples;
(d) may require
the production of documents, books and records; and
(e) may photograph
or copy anything whose production he has power to require under paragraph (d)
above.
Evidence of officers’ authority
5.-(1) An officer shall
be furnished with a certificate of his authorisation
and when he proposes to perform any function under this Act, it shall be his
duty, if so requested, to produce that certificate.
(2) It shall also
be his duty, if so requested, to state –
(a) his name;
(b) the function
that he proposes to perform; and
(c) his grounds
for proposing to perform it.
(3) * * * * * * *
Time of performance of functions
6. An
officer must perform his functions under this Act at a reasonable hour unless
it appears to the officer that there are grounds for suspecting that the
purpose of their performance may be frustrated if he seeks to perform them at a
reasonable hour.
Entry into dwellings
7.-(1) An officer may
only enter a dwelling for the purpose of performing his functions under this
Act if [the Bailiff] has issued a warrant authorising
him to enter and search that dwelling.
(2) [The Bailiff]
may only issue such a warrant if on an application made by the officer he is
satisfied –
(a) that the
officer has reasonable grounds for believing that there is present in the
dwelling anything to which those functions relate, and
(b) that –
(i) it
is not practicable to communicate with any person entitled to grant entry to
the dwelling; or
(ii) a person
entitled to grant entry to the dwelling has unreasonably refused an officer
entry; or
(iii) entry to the
dwelling is unlikely to be granted unless a warrant is produced; or
(iv) the purpose of
entry may be frustrated or seriously prejudiced unless an officer arriving at
the dwelling can secure immediate entry to it.
(3) * * * * * * *
(4) * * * * * * *
Power of officer to use reasonable force
8. An
officer may use reasonable force, if necessary, in the performance of his
functions.
Protection of officers
9. An
officer shall not be liable to any civil or criminal proceedings for anything
done in the purported performance of his functions under this Act if the court
is satisfied that the act was done in good faith and that there were reasonable
grounds for doing it.
Offences
10. Any
person who –
(a) intentionally
obstructs an officer in the performance of any of his functions under this Act;
(b) fails without
reasonable excuse to comply with a requirement made or direction given by an
officer in the performance of his functions under this Act; or
(c) in purporting
to give information required by an officer for the performance of any of his
functions under this Act –
(i) makes
a statement which he knows to be false in a material particular;
(ii) recklessly
makes a statement which is false in a material particular; or
(iii) intentionally
fails to disclose any material particular,
shall be guilty of an offence.
SCHEDULE 3
(Section 8)
LICENCES – RIGHT TO MAKE REPRESENTATIONS ETC
1. If
within 28 days of the issue of a licence the person
to whom it is issued requests [the Committee] to give him notice in writing of
the reasons for the inclusion of any provision in it, [the Committee] shall
comply with his request within 28 days of receiving it.
2. On
issuing a licence to a person [the Committee] shall
notify him of the effect of paragraph 1 above.
3. If
[the Committee] refuses an application for a licence,
[the Committee] shall give the applicant notice in writing of the reasons for
the refusal.
4. If
[the Committee] varies or revokes a licence without
the holder’s consent, [the Committee] shall give the holder notice in
writing of the reasons for the variation or revocation.
[5. If
within 28 days of receipt of notice under this Schedule giving the
Committee’s reasons the person to whom the notice is given makes written
representations to the Committee concerning the matter to which the notice
related, the Committee shall refer the matter to a Board of Administrative
Appeal which shall act as if an application for review had been received by it
under the Administrative
Decisions (Review) (Jersey) Law, 1982.]
6. A
notice under this Schedule giving [the Committee’s] reasons shall state
the effect of paragraph 5 above.
7. *
* * * * * *
8. *
* * * * * *
9. *
* * * * * *
10. *
* * * * * *
11. *
* * * * * *
12. *
* * * * * *
13. *
* * * * * *
14. *
* * * * * *
15. *
* * * * * *
16. *
* * * * * *
17. *
* * * * * *
SCHEDULE 4
(Section 14)
PARTICULARS TO BE CONTAINED IN REGISTERS
PART I
LICENCES
FOR DEPOSIT OR INCINERATION OR ASSOCIATED OPERATIONS
1. The
name of the holder of the licence.
2. The
period of the licence.
3. The
name, where known, of the producer of the substances or articles.
4. Their
description and quantity.
5. Their
country of origin, where known.
6. The
site at which it was intended to deposit or incinerate them.
7. The
place from which it was intended that they should be taken to that site.
8. The
nature of any container or packaging in which it was intended that they should
be when deposited.
9. The
results of any toxicity tests carried out for the purpose of determining
whether the licence should be issued or the
provisions to be included in it.
PART II
LICENCES
FOR SCUTTLING OR ASSOCIATED OPERATIONS
10. The
name of the holder of the licence.
11. The
period of the licence.
12. The
name of the owner of the vessel.
13. A
description of the vessel.
14. The
site at which it was intended to scuttle it.
15. The
place from which it was intended that it should be taken to that site.
SCHEDULE 5
(Section 16)
THE ADVISORY COMMITTEE
* * * * * * *