(Administration) (Jersey) Law 1961
A LAW for the administration of
harbours and territorial waters
In this Law, unless the context otherwise requires –
“harbour” means any
harbour, whether natural or artificial, and includes any port, dock, pier,
jetty or quay, and any waters in which sea-going vessels can obtain shelter or
ship or unship goods or passengers;
“harbour authority” and “Harbour Master”
mean the persons appointed as such under Article 2(1) and (7)
“Minister” means the Minister for Economic Development,
Tourism, Sport and Culture;
respect of any matter, means publish in a manner that is likely to bring the
matter to the attention of those affected by it and “published” is
to be construed accordingly;
“territorial waters” means
the sea within the seaward limits of the territorial sea adjacent to Jersey;
any ship or boat or any other description of vessel used in navigation.
Minister shall appoint a harbour authority for each harbour in Jersey and for
this purpose may appoint the same harbour authority in respect of more than one
harbour or different authorities in respect of different harbours.
derogation from the generality of the power conferred by paragraph (1),
the Minister shall appoint Ports of Jersey Limited (being the company
established under Article 3 of the Air and Sea Ports (Incorporation)
(Jersey) Law 2015) as the harbour authority in
respect of the harbours listed and further described in the Schedule.
Minister may by Order amend the Schedule to add, remove, or further
particularize an entry in relation to any harbour.
harbour authority shall be responsible for –
maintaining and improving the harbours in the areas in respect of which it is
safety and security matters in the harbours in respect of which it is
other matters as the Minister may entrust to it from time to time for the
purpose of carrying into effect any legislation in force in Jersey relating to
shipping and sea navigation.
prejudice to the generality of paragraph (4), a harbour authority shall in
particular be responsible for –
reducing, and minimising the effects of marine pollution, by means including
but not limited to those from time to time agreed with the Minister under
Article 186(1) of the Shipping (Jersey) Law 2002;
or providing resources for co-ordinating, maritime search and rescue within
territorial waters; and
and maintenance of aids to navigation in or in relation to the harbours in
respect of which it is appointed and in respect of which it is the local
lighthouse authority for the purposes of Schedule 10 to the Shipping
(Jersey) Law 2002.
harbour authority shall carry out a responsibility imposed on it by
paragraph (4) or (5) –
accordance with any agreement made for the purpose between the Minister and the
harbour authority; or
the absence of any such agreement, as the Minister may from time to time
but the absence of any agreement or direction shall not absolve the
authority of its duty to carry out a responsibility so imposed.
harbour authority shall appoint as Harbour Master a person approved by the
Minister, and the person so appointed –
be employed by the harbour authority; and
addition to carrying out all functions conferred on the Harbour Master by this
or any other enactment, shall be responsible for all such matters for which the
authority is responsible as the authority may entrust to the Harbour Master
from time to time.
a responsibility conferred on the harbour authority would have been, before the
commencement of this provision, a responsibility of the person then holding the
office of Harbour Master, any action taken, direction given or other exercise
of such a power by that person shall continue to have full effect and shall be
taken, unless otherwise expressly stated, to be an action taken, direction
given or other exercise of power by the harbour authority.
States may by Regulations –
paragraphs (4) and (5); and
all such further or consequential provision (including amending any other
enactment) as may be necessary to bring this Article into full effect.
harbour authority may appoint one or more of its employees to act as the Harbour
relation to matters in respect of which the Harbour Master has directed the
employee to act as the Harbour Master, whether the matters arise in relation to
this Law or any other Law; and
any time when the Harbour Master is not on duty, is absent from Jersey or is
suspended from the office of Harbour Master or there is a vacancy in the office
of the Harbour Master.
person appointed under paragraph (1) has, during the period of his or her
acting as the Harbour Master under paragraph (1)(a), the powers and functions
of the Harbour Master under this or any other enactment in relation to matters
in respect of which the Harbour Master has directed the employee to act as the
Harbour Master; and
acting as the Harbour Master under paragraph (1)(b), the powers and
functions of the Harbour Master under this or any other enactment.
Harbour Master shall, on or as soon as practicable after becoming Harbour
Master, take oath before the Royal Court to well and faithfully discharge his
or her duties as Harbour Master.
person appointed under Article 2A to act as the Harbour Master shall, on or as
soon as practicable after being so appointed, take oath before the Royal Court
to well and faithfully discharge, while acting as the Harbour Master, his or
her duties as the Harbour Master under that Article.
powers of Harbour Master
Harbour Master shall, within the limits of every harbour and within the
territorial waters of Jersey, have the same powers of detention and arrest and of
enforcing the maintenance of public order as are possessed by a Centenier.
prosecution of any person arrested by the Harbour Master under the powers
conferred on him or her by this Article shall be undertaken by a Centenier
having jurisdiction in the matter or, if the arrest took place within the
territorial waters of Jersey, by a Centenier of St. Helier.
States may make Regulations for the policing, control, safety and
administration of harbours and territorial waters.
Regulations may, in particular –
the payment of fees and charges;
information to be published and provide who is to publish it; and
that a person who contravenes a provision of the Regulations, or a direction or
an order made or issued under the Regulations, is guilty of an offence and is
liable to the penalty prescribed by the Regulations.
Regulations may –
different provision in relation to different cases or to different
transitional, consequential, incidental or supplementary provisions.
prejudice to the generality of paragraphs (1) to (3), the States may by
Regulations make particular provision, in connection with –
exercise of the powers conferred by Article 3(1); and
persons entitled to exercise those powers,
as to the matters further specified in paragraph (5).
matters mentioned in paragraph (4) are –
discipline, and penalties for misconduct; and
and co-ordination with police officers.
4A Use of
facilities and provision of services
use of a facility in or the provision of a service in or from a harbour or
territorial waters may be restricted.
may be restricted to a person who, whether on application or as a result of an
invitation to tender –
been granted a permit; or
entered into an agreement,
that permits the person to use the facility or to provide the
permit or agreement under paragraph (2) may, in particular –
for the payment of fees and charges;
conditions and limitations on the use of the facility or the provision of the
the manner in which the permit or agreement may be suspended or terminated; and
such other provisions as are relevant to the use of the facility or the
provision of the service.
States may make Regulations providing for the administration of this Article.
Regulations may, in particular, provide that –
the use of a facility or the provision of a service is restricted in accordance
with paragraph (2), the use of the facility or the provision of the
service otherwise than with and in accordance with a permit or agreement is an
offence punishable by a fine;
a person who contravenes a provision of the Regulations, or a direction or an
order made or issued under the Regulations, is guilty of an offence and is
liable to the penalty prescribed by the Regulations.
etc. of moorings
harbour authority may –
and manage existing moorings; and
within the limits of any harbour in respect of which it is appointed
and which is listed in the Schedule.
power conferred by paragraph (1) includes power to charge a fee for the
use of a mooring, for such period and of such amount as the harbour authority
may consider reasonable.
harbour authority may forbid the laying of moorings within the limits of any
harbour in respect of which the authority is appointed and which is listed in
the Schedule, if the authority considers that such moorings –
cause a hazard to navigation or otherwise be detrimental to navigational
otherwise be detrimental to the general enjoyment of the harbour and its
facilities by all users.
to charge harbour dues, etc.
harbour authority may make such charges as it considers reasonable, including
(in particular, but not by way of limitation) charges for –
passenger and freight dues;
of freight facilities;
of quays and harbour facilities by fishermen; and
in or in relation to a harbour in respect of which it is appointed
and which is listed in the Schedule.
harbour authority shall publish a list showing all charges for the time being
made under paragraph (1), and the authority –
not enforce payment of any charge unless it is so published; and
for the purposes of publication under this paragraph, provide copies of the
list for sale at a reasonable price.
charges of a type specified in paragraph (1) which are in force
immediately before the commencement of this Article by virtue of any other enactment
shall continue in effect as though made, and be deemed to have been made, by
virtue of this Article.
made under paragraph (1) shall not be enforced in relation to –
belonging to or employed in the service of the Armed Forces of Her Majesty the
belonging to or used by the general lighthouse authority or by any department
of Her Majesty’s Government of the United Kingdom;
of war belonging to or employed in the service of any foreign government; and
vessels belonging to countries with which treaties exist for the time being
exempting such vessels from duties and port charges when forced by stress of
weather to seek shelter in the ports or on the coasts of the United Kingdom,
when such vessels are forced by stress of weather to make use of any of the
harbours of Jersey and do not break bulk while so doing.
harbour authority may grant exemption from charges made under
paragraph (1) –
different classes or descriptions of ships, passengers and freight;
the same class or description of ships, passengers and freight in different
any ship which, having departed from Jersey, is compelled to return by reason
of accident, stress of weather, or other unavoidable cause.
to levy fines summarily
a person is charged with any offence under Regulations made under Article 4
and accepts the decision of a Centenier having jurisdiction in the matter, that
Centenier may inflict and levy summarily a fine of level 1 on the standard
Centenier shall give a receipt for any fine which he or she levies under this Article.
half of the fine is to be retained by the parish in which the offence was
committed and the other half must be paid into the consolidated fund.
person or body to whom this Article applies shall not be liable in damages for
any act done in the performance or purported performance of any functions
conferred by or under this Law, unless it is shown that the act was in bad
Article applies to –
States employee who is, or is acting as, an officer, employee or agent of the
States or of the Minister or performing any function on behalf of the States or
of the Minister;
harbour authority and any person who is, or is acting as, an officer, employee,
or agent of the authority or performing any function on behalf of the
Harbour Master and any person who is, or is acting as, an officer, employee, or
agent of the Harbour Master or performing any function on behalf of the Harbour
(3) Paragraph (1)
does not apply –
it is shown that the act was done in bad faith; nor
as to prevent an award of damages made in respect of an act on the ground that
the act was unlawful as a result of Article 7(1) of the Human Rights
(Jersey) Law 2000.
This Law may be cited as the Harbours (Administration) (Jersey)