Antarctic (Jersey) Regulations 1997
Jersey R & O 9199
Antarctic Act 1994 (Jersey)
Order 1995
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THE ANTARCTIC (JERSEY) REGULATIONS
1997
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(Registered on the 30th day of January 1998)
____________
IN EXERCISE of the powers conferred on me
by sections 9(1), 10(1), 11(1), 14(1), 25(1) and (3), 29 and 32 of the Antarctic Act 1994,
together with the definition of “regulations” in section 31(1) of
that Act, as that Act has effect in the Bailiwick of Jersey by virtue of the Antarctic Act 1994
(Jersey) Order 1995, I hereby
make the following Regulations –
1.-(1) These Regulations may be cited as
the Antarctic (Jersey) Regulations 1997.
(2) These
Regulations shall come into force upon being registered by the Royal Court of
Jersey.
2. The
provisions of the Antarctic
Regulations 1995 shall, subject to the modifications specified in
the Schedule to these Regulations, have effect in the Bailiwick of Jersey and
shall form part of the law of the Bailiwick of Jersey.
JACK STRAW
One of Her Majesty’s
Principal Secretaries of State.
10th December
1997.
SCHEDULE
(Regulation 2)
MODIFICATIONS TO THE ANTARCTIC REGULATIONS 1995
1. In
regulation 1 (citation and commencement), the words from “and shall come
into force” onwards are omitted.
2. In
regulation 2 (interpretation) –
(a) in paragraph (1),
after “1994” there is inserted “as extended to Jersey”;
(b) in paragraphs (5)
and (6), for “bank holiday in any part of the United Kingdom” there is
substituted “public or bank holiday in Jersey”;
(c) after
paragraph (6) there is inserted –
“(7) In
these Regulations –
“the
Attorney General” means the Attorney General for Jersey;
“customs officer” means
the Agent of the Impôts or any other officer of
the Impôts;
“immigration
officer” means an immigration officer appointed pursuant to Part 1
of Schedule 2 to the Immigration Act 1971 as extended to Jersey
by the Immigration
(Jersey) Order 1993;
“Jersey”
means the Bailiwick of Jersey;
“police
officer” means a member of the Honorary Police or a member of the States
of Jersey Police Force.”.
3. In
regulation 9(5) (production of permits), for sub-paragraph (a) of the
definition of “authorised person” there
is substituted–
“(a) in
Jersey
(i) a Jurat or the Magistrate;
(ii) a
police officer;
(iii) a
customs officer;
(iv) an
immigration officer; or
(v) any
other person authorised by the Attorney General in
writing for the purpose of this Regulation either generally or in a particular
case;”.
4. In
regulation 17 (application of Part 5), for “Secretary of
State” there is substituted “Attorney General”.
5. In
regulation 18 (arrest and conveyance in custody) –
(a) in paragraph (1),
for “A court in any part of the United Kingdom having jurisdiction in
respect of the offence” there is substituted “The Bailiff”;
“in that court” is omitted; and for “that part of the United
Kingdom” there is substituted “Jersey”;
(b) in paragraph (2),
for “British ship or British aircraft” there is substituted
“British ship, British aircraft or British hovercraft”;
(c) in paragraph (3),
for the words from “shall have” onwards there is substituted
“shall, whether within or outside Jersey,
have all the powers, authority, protection and privileges of a police officer”;
(d) in paragraph (4),
for “a constable” there is substituted “an officer of police”;
(e) in paragraph (5),
for the words from “British ship” to “1988” there is
substituted “ ‘British ship’ means a
British ship for the purpose of the Merchant Shipping Act 1995”;
(f) for
paragraph (6) there is substituted –
“(6) In
paragraph (4), ‘officer of police’ means –
(a) in relation to
Jersey, a police officer; or
(b) in relation to
a British territory outside Jersey, any person
who in that territory is, or has the powers of, a constable or officer of
police.”.
6. In
regulation 19 (physical evidence) –
(a) in paragraph (1),
for “the United
Kingdom” there is substituted “Jersey”;
(b) in paragraph (2),
for “Secretary of State” there is substituted “Attorney
General”.
7. In
regulation 20 (attendance of witnesses) –
(a) in paragraph (1),
for “Secretary of State” there is substituted “Attorney
General”; and for “the place in the United Kingdom” there is
substituted “Jersey”;
(b) in paragraph (2),
for “Secretary of State” there is substituted “Attorney
General”; and for “he” there is substituted “the
Bailiff on the application of the Attorney General”;
(c) in paragraph (4),
for “the United
Kingdom” there is substituted “Jersey”.
THE ANTARCTIC REGULATIONS 1995
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Made
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20th February 1995
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ARRANGEMENT
OF REGULATIONS
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PART I
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GENERAL
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1.
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Citation
and commencement
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2.
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Interpretation
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3.
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Service of documents
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PART 2
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PERMITS
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4.
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Applications for permits under
sections 3, 4, 5 and 6 of the Act
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5.
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Initial Environmental Evaluation
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6.
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Comprehensive Environmental Evaluation
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7.
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Refusal of permits under sections 3,
4, 5 and 6 of the Act
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8.
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Applications for
and refusals of permits under sections 11 and 12 of the Act
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9.
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Production of permits
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10.
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Revocation and suspension of permits
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PART 3
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THE
TRIBUNAL
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11.
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Antarctic Act Tribunal: establishment
and jurisdiction
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12.
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Constitution of the Tribunal
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13.
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Procedure
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PART 4
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SPECIAL
AREAS
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14.
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Restricted Areas
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15.
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Antarctic Historic Sites and
Monuments
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16.
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Protected Places
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PART 5
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OFFENCES
UNDER THE ACT
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17.
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Application of Part 5
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18.
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Arrest and conveyance in custody
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19.
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Physical evidence
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20.
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Attendance of witnesses
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SCHEDULE 1
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RESTRICTED
AREAS
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SCHEDULE 2
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ANTARCTIC
HISTORIC SITES AND MONUMENTS
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SCHEDULE 3
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PROTECTED
PLACES
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The Secretary of State for Foreign and Commonwealth Affairs, in
exercise of his powers under sections 9(1), 10(1), 11(1), 14(1), 15(c), 25(1)
and (3), 29 and 32 of the Antarctic Act 1994(a), and of all other powers
enabling him in that behalf, hereby makes the following Regulations –
PART 1
GENERAL
Citation and commencement
1. These
Regulations may be cited as the Antarctic Regulations 1995.* * *
Interpretation
2.-(1) In these Regulations “the
Act” means the Antarctic Act 1994 [as extended to Jersey],
and expressions used in these Regulations have, unless the contrary intention
appears, the meaning which they bear in the Act.
(2) Any reference
in these Regulations to a communication “in writing” shall include
a reference to a communication by telex, facsimile or other similar
instantaneous means which produces a document containing a text of the
communication.
(3) Any reference
in these Regulations to the Secretary of State with respect to the application,
grant, production, revocation or suspension of a permit for the purposes of
section 11 or 12 of the Act shall include a reference to any person exercising
the powers of the Secretary of State for those purposes in accordance with a
delegation given under section 16 of the Act.
(4) Any reference
in these Regulations to a numbered regulation shall be construed as a reference
to the regulation bearing that number in these Regulations.
(5) Any period of time specified in these regulations by reference
to days, working days or months –
(a) where such
period is expressed to begin after a particular date, shall begin on the first
day after that date, and shall be inclusive of the last day unless that day
falls on a Saturday, Sunday, Christmas Day, Good Friday or any other day
appointed by law to be a [public or bank holiday in Jersey], in which case the
period shall run to the immediately following working day; and
(b) where such
period is expressed to run or to expire before a particular date or event, the
period shall be calculated to expire on the last working day before the particular date or the date of that event.
(6) In computing any period
of time specified in these Regulations by reference to working days
there shall be disregarded the whole of any Saturday, Sunday, Christmas Day,
Good Friday or any other day appointed by law to be a [public or bank holiday
in Jersey].
[(7) In
these Regulations –
“the
Attorney General” means the Attorney General for Jersey;
“customs officer” means the
Agent of the Impôts or any other officer of the
Impôts;
“immigration
officer” means an immigration officer appointed pursuant to Part 1
of Schedule 2 to the Immigration Act 1971
as extended to Jersey by the Immigration (Jersey)
Order 1993;
“Jersey”
means the Bailiwick of Jersey;
“police
officer” means a member of the Honorary Police or a member of the States
of Jersey Police Force.]
Service of documents
3.-(1) Anything required to be served on
any person under these Regulations or the Act shall be set out in a notice in
writing which may be served either –
(a) by delivering
it to that person;
(b) by leaving it
at his proper address;
(c) by sending it
by post to that address; or
(d) by sending it
to him at that address by telex, facsimile or other similar instantaneous means
which produces a document containing a text of the communication, in which
event the document shall be regarded as served when it is transmitted,
and where the person is a body corporate the document may be
served, by any of these means, upon the Secretary of that body.
(2) When a
document is sent by post it shall be deemed to have been received 3 working
days after despatch if posted to an address within
the United Kingdom
and 7 working days if posted to an address elsewhere.
(3) For the
purposes of this regulation the proper address of any person shall in the case
of a body corporate be the registered or principal office of that body and in
any other case shall be the last known address of the person.
PART 2
PERMITS
Applications for permits under
sections 3, 4, 5 and 6 of the Act
4.-(1) An application for a permit under
section 3, 4, 5 or 6 of the Act shall be made to the Secretary of State in such
form, and accompanied by such number of copies, as he may require.
(2) No later than
7 days after making the application, the applicant shall cause notice of the
application to be published in the London Gazette in such form and containing
such information as the Secretary of State may require.
(3) The applicant
shall during the period the application is pending –
(a) make available
a copy of the application for inspection during normal office hours by any
person who may so request; and
(b) provide copies
of the application to any person on receipt of a request in writing,
subject to payment of reasonable charges for supplying the copies,
including postage.
Initial Environmental Evaluation
5.-(1) If the Secretary of State considers that
the activity for which an application has been made under regulation 4 is
likely to have more than a negligible impact on the environment of Antarctica,
he shall, unless he has required the applicant to submit a draft Comprehensive
Environmental Evaluation in accordance with regulation 6(1), require the
applicant to submit to him an Initial Environmental Evaluation.
(2) An Initial
Environmental Evaluation shall be in such form, and accompanied by such number
of copies, as the Secretary of State may require and shall contain sufficient
information for the Secretary of State to be able to assess –
(a) the scale of
the impact which the proposed activity may have on the environment of Antarctica;
(b) whether, in
the light of existing and known planned activities, it may have a cumulative
impact; and
(c) whether there
may be alternative ways of carrying out the proposed activity which might
lessen the environmental impact or possible cumulative impact.
(3) The applicant
shall during the period the application is pending –
(a) make available
a copy of the Initial Environmental Evaluation for inspection during normal
office hours by any person who may so request; and
(b) provide copies
of the Initial Environmental Evaluation to any person on receipt of a request
in writing, subject to payment of reasonable charges for supplying the copies,
including postage.
(4) The Secretary
of State shall cause to be published annually a list of the Initial
Environmental Evaluations submitted to him in accordance with this regulation
during the preceding 12 months.
Comprehensive Environmental
Evaluation
6.-(1) If the Secretary of State at any
time after the making of an application considers that the activity which is
the subject of the application is likely to have more than a minor or
transitory impact on the environment of Antarctica,
he shall require the applicant to submit to him a draft Comprehensive
Environmental Evaluation.
(2) Such draft
Comprehensive Environmental Evaluation shall be in such form, and accompanied
by such number of copies, as the Secretary of State may require and shall
contain sufficient information for the Secretary of State to be able to
consider or determine –
(a) possible
alternatives to the proposed activity, including the alternative of not
proceeding with it;
(b) the initial
environmental reference state with which predicted changes are to be compared,
and the likely future environmental state in the absence of the proposed activity;
(c) whether the
methods and data used to forecast the impacts of the proposed activity are
satisfactory for that purpose;
(d) the nature,
extent, duration and intensity of the likely direct impacts of the proposed activity;
(e) possible
indirect or second order impacts of the proposed activity;
(f) any
cumulative impacts of the proposed activity in the light of existing activities
and other known planned activities;
(g) the measures
which could be taken to minimize or mitigate impacts of the proposed activity,
and whether a monitoring programme to verify foreseen
impacts or detect unforeseen impacts, and provide early warning of any adverse
effects of the activity, should be provided for;
(h) the measures
which could be taken to deal promptly and effectively with accidents;
(i) whether
there may be any unavoidable impacts of the proposed activity;
(j) the
effects of the proposed activity on the conduct of scientific research and on
other existing uses and values; and
(k) whether there
are gaps in knowledge or uncertainties with regard to
the possible impact of the proposed activity.
(3)(a) When so required by the Secretary of State, the
applicant shall submit to him a final Comprehensive Environmental Evaluation in
such form, and accompanied by such number of copies, as the Secretary of State
may require.
(b) When making
such a requirement the Secretary of State shall provide the applicant with
–
(i) any
comments in writing on the draft Comprehensive Environmental Evaluation which
have been received by the Secretary of State from any person in accordance with
paragraph (5);
(ii) any comments
on such Evaluation from another Contracting Party;
(iii) any advice
in respect of such Evaluation from the Committee for Environmental Protection
established under the Protocol; and
(iv) an account of the consideration by the Antarctic Treaty
Consultative Meeting of such Evaluation in the light of such advice,
and the applicant shall, in preparing the final Comprehensive
Environmental Evaluation, take into account such
comments, advice and account and include or summarize them in the final
Comprehensive Environmental Evaluation.
(4) The Secretary
of State shall, while an application is pending and for one year thereafter,
make available the draft and the final Comprehensive Environmental Evaluation
for inspection during normal office hours by any person who may so request in
writing, and shall provide any person with copies on request in writing subject
to payment of reasonable charges for supplying the copies, including postage.
(5) The Secretary
of State shall, by a notice published in the London Gazette, notify receipt by
him of each draft Comprehensive Environmental Evaluation and each final
Comprehensive Environmental Evaluation, draw attention to the provisions of
paragraph (4), and invite comments in writing, in the case of a draft
Comprehensive Environmental Evaluation, within 90 days of publication of the
notice and, in the case of a final Comprehensive Environmental Evaluation,
within 30 days of the publication of the notice.
(6) The Secretary
of State in taking his decision whether to grant a permit shall take into account any comments in writing submitted to him
by any person in accordance with paragraph (5), if the comments are
received within the relevant period specified in that paragraph.
Refusal of Permits under sections 3,4,5 and 6 of the Act
7. If
the Secretary of State decides not to grant a permit under section 3, 4, 5 or 6
of the Act he shall so inform the applicant in writing giving his reasons.
Applications for and refusals of permits under sections 11 and 12
of the Act
8.-(1) An application for a permit under
section 11 or 12 of the Act shall be made to the Secretary of State in such
form, and accompanied by such number of copies, as he may require.
(2) If the
Secretary of State decides not to grant such a permit
he shall so inform the applicant in writing giving his reasons.
Production of permits
9.-(1) Subject to the provisions of this
regulation, when there is reason to believe that a person has carried out (or
is carrying out or may be about to carry out) an activity for which a permit is
required by section 3(1), 4(1), 5(1), 6(1), 7(1), 8(1), 9(1) or 11(1) of the
Act, an authorised person may require that person to
produce, or cause to be produced, within 5 days after the request has been
made, a permit granted under the Act authorising that
activity.
(2) Where a permit
has been granted to a person in respect of another specified person or of
persons of a specified description, the requirement in paragraph (1) to
produce the permit shall apply also to such person or persons.
(3) The
requirements of the preceding paragraphs may be satisfied by the production of
a true photocopy of the permit.
(4) An authorised person shall have the power to inspect and copy
any permit which he has the power pursuant to this regulation to require to be
produced to him.
(5) For the
purpose of this regulation –
“authorised
person” means
[(a) in Jersey
(i) a
Jurat or the Magistrate;
(ii) a police officer;
(iii) a customs officer;
(iv) an immigration
officer; or
(v) any other
person authorized by the Attorney General in writing for the purpose of this
regulation either generally or in a particular case;]
and for the purposes of sub-paragraph (iv) “aerodrome
manager” means the aviation authority, local authority or any other
person by whom the aerodrome is managed;
(b) anywhere in Antarctica
(i) a
station manager (that is to say any person who is for the time being running a
station in Antarctica on behalf of the Director of the British Antarctic Survey);
(ii) any person authorised by the Secretary of State in writing for the
purpose of this regulation either generally or in a particular case; or
(iii) in respect
of permits granted under section 12 of the Act, any person designated as an
observer by a party to the Antarctic Treaty in accordance with Article VII thereof;
(c) only in the British Antarctic Territory
(i) a
magistrate of the British Antarctic Territory;
or
(ii) a public
officer of the British Antarctic Territory;
(d) south of the
Antarctic Convergence: in respect of permits granted under section 11 of the
Act, any person designated as an inspector by a Member of the Commission for
the Conservation of Antarctic Marine Living Resources under Article XXIV of the
Convention;
(e) in respect of
a British vessel in the seas south of 60° South latitude
(i) a
British naval officer; or
(ii) the master of
a vessel operated by or on behalf of the British Antarctic Survey.
Revocation and suspension of permits
10.-(1) Subject to the provisions of this
regulation, the Secretary of State may revoke or suspend wholly or in part any
permit granted under the Act; and where a permit has been granted in respect of
more than one specified person (or vessel or aircraft), or in respect of
persons (or vessels or aircraft) of a description specified in the permit, the
revocation or suspension may be limited to such persons (or such vessels or
aircraft), or to persons (or vessels or aircraft) of such description, as may
be specified by the Secretary of State in the notice of revocation or
suspension.
(2) Save as
provided in paragraph (3), the Secretary of State may exercise his powers
under paragraph (1) only after giving 28 days notice
to the permit-holder of his intention to do so and after due consideration of
any representations made in writing by or on behalf of the permit-holder (or
any person specified or of a description specified in the permit).
(3) If, by reason
of the urgency of the matter, it appears to the Secretary of State to be
necessary for him to do so he may provisionally suspend a permit without
complying with the requirements of paragraph (2), but he shall in any such
case comply with those requirements as soon thereafter as is reasonably
practicable, and shall then either –
(a) revoke the
provisional suspension of the permit; or
(b) substitute
therefor a definitive revocation or suspension which, if a definitive
suspension, may be for the same or a different period as the provisional
suspension (if any).
(4) The powers
vested in the Secretary of State by paragraph (1) and paragraph (3)
may be exercised by him if it appears to him that –
(a) the permit was
procured by fraud or misrepresentation;
(b) the
application for the permit contained a material error or omission;
(c) the holder of
the permit, or a person or persons specified in it, or of a description
specified in it, are not fit and proper persons to carry out an activity authorised by the permit;
(d) there has been
a material change in the circumstances under which an activity authorised by the permit would be or is being carried out
(including receipt by the Secretary of State of information as to the
environmental impact of the activity which was not previously available) such
that the continuation of the activity would have an unacceptable impact on the
Antarctic environment;
(e) the carrying
out or continuation of an activity authorised by the
permit would be undesirable because of an emergency which has arisen subsequent
to the grant of the permit;
(f) the
person to whom the permit was granted (or any person or persons specified in it
or of a description specified in it) will not be able to comply with a material
condition of the permit;
(g) there has been
a breach of a condition of the permit;
(h) the holder of
the permit has purported to transfer, or has given possession of, the permit
(or a copy of it) to a person who is not entitled to hold it; or
(i) the
permit (or a copy of it) has been altered or defaced.
(5) The
permit-holder or any person having possession or custody of any permit which
has been revoked or suspended under this regulation shall surrender it and any
copies of it to the Secretary of State within a reasonable time of being
required by him to do so.
(6) References in
this regulation to the “permit-holder” are references to the person
to whom any permit to which this Part applies has been granted.
PART 3
THE TRIBUNAL
Antarctic Act Tribunal: establishment and jurisdiction
11.-(1) For the purpose of performing the
functions conferred by this regulation there shall be a tribunal to be called
the Antarctic Act Tribunal
(hereinafter referred to as “the Tribunal“).
(2) If a permit
granted under section 3, 4, 5 or 6 of the Act has been revoked or suspended in
accordance with regulation 10, the person to whom the permit was granted or any
person specified in the permit may appeal to the Tribunal.
(3) The Tribunal
shall consider –
(a) whether the
Secretary of State had grounds under regulation 10 for his decision; and
(b) if the
Tribunal is satisfied that he did have such grounds, whether, taking into account all the circumstances, the decision was
reasonable.
(4) The Tribunal
may dismiss the appeal or order the Secretary of State to reinstate the permit
with such variations (if any) as the Tribunal may decide.
Constitution of the Tribunal
12.-(1) The Tribunal shall consist of a
Chairman and two other members.
(2) The Chairman
shall be appointed by the Secretary of State after consultation with the Lord
Chancellor.
(3) The other two
members shall be appointed by the Secretary of State, who in so doing shall
take account of the nature of the activity which is the subject of the permit
and the reasons given by him for revoking or suspending the permit if they are
related to the nature of the activity.
(4) No member of
the Tribunal shall be an officer of the Crown.
(5) The Secretary
of the Tribunal (hereinafter referred to as “the Secretary”) shall
be such person as may be appointed for this purpose from time to time by the
Secretary of State.
Procedure
13.-(1) An appeal shall be entertained by
the Tribunal if the appellant, within 28 days of receipt by him of the
notification of the revocation or suspension, lodges with the Secretary copies
of the notice of revocation or suspension, of any representations concerning it
made by him to the Secretary of State, and his grounds of appeal:
Provided that the Tribunal may waive the time limit for lodging the
appeal if it is satisfied that in the circumstances the appellant could not
reasonably be expected to lodge (or to have lodged) his appeal within the
period prescribed.
(2) The Secretary,
on being informed of the appeal, shall without delay fix a convenient date and
place for the hearing of it and shall duly inform the appellant and the
Secretary of State not later than 14 days before the date of the hearing, or
such shorter time as the parties and the Tribunal may agree.
(3) The Tribunal
shall conduct the hearing in such manner as it considers most suitable to the
clarification of the issues before it and generally to the just handling of the
proceedings; and it shall so far as appears to it
appropriate seek to avoid formality in its proceedings.
(4) The parties shall be heard in such
order as the Tribunal shall determine; they shall be entitled to give evidence,
to call witnesses, to question any witnesses and to address the Tribunal both
on the evidence and generally on the subject matter of the appeal.
(5) The Tribunal
may determine the appeal without an oral hearing unless either
party requests one.
(6) The oral
hearings of the Tribunal shall be in public, unless the Tribunal decides
otherwise with regard to a particular hearing or part of a hearing at which
evidence to be presented would disclose intimate personal or financial
circumstances, commercially sensitive information, information communicated or
obtained in confidence or matters concerning national security or diplomatic
relations, and the interests of justice do not require such evidence to be
heard in public.
(7)(a) The appellant shall have the right to be
represented in person or by counsel, solicitor or advocate or, with the
permission of the Tribunal, by any other representative as he may select.
(b) The Secretary of State may be represented
by any person instructed in that behalf.
(8) The Tribunal
may require any witness to give evidence on oath or affirmation and for that
purpose there may be administered an oath or affirmation in due form.
(9) In the event
of a difference of opinion amongst the members of the Tribunal, the decision of
the majority shall become the finding of the Tribunal.
(10) The decision of the
Tribunal shall be notified to the parties in writing by the Secretary and shall
include the reasons for the finding.
(11) The Tribunal shall not
have any power to order the payment of any costs or expenses.
(12) When the Tribunal is not
sitting the Chairman may, if he considers it necessary or expedient, exercise
the powers of the Tribunal on behalf of the other members, other than the
decision of an appeal (not being a decision on an unopposed appeal).
(13) A member of the Council
on Tribunals or of the Scottish Committee of the Council on Tribunals may
attend any oral hearing, including any held in private, and may be present
during the deliberations of the Tribunal, but shall take no part in those
deliberations.
(14) Subject to the provisions
of this Part, the Tribunal shall have power to regulate its own procedure.
PART 4
SPECIAL AREAS
Restricted Areas
14. For the
purposes of section 9(1) of the Act, the areas listed and described in Schedule 1
to these Regulations are hereby designated as areas restricted under the
Protocol.
Antarctic Historic Sites and Monuments
15. For the
purposes of section 10(1) of the Act, the sites and monuments listed in
Schedule 2 to these Regulations are hereby designated as Antarctic
Historic Sites and Monuments.
Protected Places
16. For the
purposes of section 11(1) of the Act, the places listed in Schedule 3 to
these Regulations are hereby designated as places protected under the
Convention.
PART 5
OFFENCES UNDER THE ACT
Application of Part 5
17. This Part
applies when the [Attorney General] has reasonable grounds for believing that a
United Kingdom national (hereinafter referred to as “the suspect”)
has committed an offence under the Act (hereinafter referred to as “the
offence”) and is in any part of Antarctica or, in respect of those
offences referred to in section 29(1)(a), is in any part of the area south of
the Antarctic Convergence.
Arrest and conveyance in custody
18.-(1) [The Bailiff] may, on the
application of a person entitled under section 28 of the Act to institute
proceedings * * * in respect of the offence, issue a warrant for the arrest of
the suspect and his conveyance in custody to any place where he can be tried
for the offence in [Jersey].
(2) Once arrested
the person the subject of the warrant (hereinafter referred to as “the
accused”) shall be deemed to be in legal custody at any time when, being
in the British Antarctic Territory (or any other part of Antarctica), or other
British territory, or on board a [British ship, British aircraft or British
hovercraft] he is being taken under the warrant to or from any place or being
kept in custody under the warrant.
(3) A person authorised by the warrant to take the accused to or from
any place or to keep him in custody (hereafter referred to as “the authorised person”) shall [whether within or outside
Jersey, have all the powers, authority, protection and privileges of a police
officer].
(a) when he is
outside the United Kingdom,
of a constable in the part of the United Kingdom to which the accused
is to be taken under the warrant; or
(b) of a constable
in the part of the United Kingdom
in which the authorised person is for the time being.
(4) If the accused
escapes he may be arrested without warrant by [an officer of police] and taken
to any place to which he may be taken under the warrant.
(5) In paragraph (2)
–
“British aircraft” means a British-controlled aircraft
within the meaning of section 92 of the Civil Aviation Act 1982
(application of criminal law to aircraft) or one of Her Majesty’s aircraft;
“British hovercraft” means a British-controlled
hovercraft within the meaning of that section as applied in relation to
hovercraft by virtue of provisions made under the Hovercraft Act 1968
or one of Her Majesty’s hovercraft; and
[“British ship” means a British ship for the purpose of
the Merchant
Shipping Act 1995;]
and in this paragraph references to Her Majesty’s aircraft,
hovercraft or ships are references to aircraft, hovercraft or,
as the case may be, ships belonging to or exclusively employed in the
service of Her Majesty in right of the Government of the United Kingdom.
[(6) In paragraph (4)
“officer of police” means –
(a) in relation to
Jersey, a police officer; or
(b) in relation to
a British territory outside Jersey, any person
who in that territory is, or has the powers of, a constable or officer of
police.]
Physical evidence
19.-(1) The authorised
person may seize and detain any article which may be evidence connected with
the offence and convey it to any place in [Jersey]
where the accused can be tried.
(2) Where it is
necessary for any article to be accompanied by any certificate, affidavit or
other verifying document the authorised person shall
also furnish for transmission such document of that nature as may be specified
in any direction given by the [Attorney General].
(3) Where the
article consists of a document, the original or a copy may be transmitted, and
where it consists of any other article the article itself or a description,
photograph or other representation of it may be transmitted.
Attendance of witnesses
20.-(1) This regulation applies where the [Attorney
General] is notified by the court in [Jersey] where the accused is being tried
or is to be tried that a United Kingdom national who has been called to give
evidence (hereinafter referred to as “the witness”) has failed to
comply with the order of the court, or is believed by the court to be unlikely
to comply, and is in Antarctica or in the area south of the Antarctic
Convergence, as the case may be.
(2) If the
[Attorney General] receives a notification in accordance with paragraph (1)
[the Bailiff on the application of the Attorney General] may issue a warrant
for the arrest of the witness.
(3) The provisions
of paragraphs (2) to (6) of regulation 18 shall apply to the arrest and
conveyance in custody of the witness as they apply to the accused.
(4) Once in
[Jersey] the witness shall be delivered by the authorised
person to the court which made the notification under paragraph (1).
DOUGLAS HURD
Secretary of State for
Foreign and Commonwealth Affairs.
20th February 1995.
SCHEDULE I
(Regulation 14)
RESTRICTED AREAS
Specially Protected Area No. 1 Taylor Rookery, MacRobertson Land
Lat. 67°26’S; Long. 60°50’E
The Area consists of the whole of the northernmost rock exposure on
the east side of Taylor Glacier, MacRobertson Land (Lat. 67°26’S;
Long. 60°50’E). The rookery is located on a low
lying rock outcrop in the south-west corner of a bay formed by Taylor
Glacier to the west, the polar ice cap to the south and the islands of Colbeck
Archipelago to the east. The Area is surrounded by sea ice to the north and
east. The Area is some 90 km west of Mawson station. There is ice-free terrain
adjacent to the glacier on the western boundary and to the south the rock rises
steeply to meet the ice of the plateau.
There are no boundary markers since the Area is easily defined by
its natural features.
Specially Protected Area No. 2 Rookery Islands, Holme Bay,
MacRobertson Land Lat. 67°37’S; Long. 62°33’E
The Rookery Islands are a group of small islands and rocks in the
southwestern part of Holme Bay, MacRobertson Land, approximately 10 km to the
west of Mawson station. The Area comprises the islands and rocks lying within
the rectangular area shown on the maps below, the general location of which is
latitude 67°37’S, longitude 62°33’E. There are no boundary
markers delimiting the site.
There are approximately 75 small islands. They range in size from
small rocks which barely remain above water at high tide to the largest islands
of the group which are Giganteus Island (approximately 400 m long, 400 m wide
and 30 m high) and Rookery Island which is of similar size but slightly more
elongated. Rookery Island is the highest of the group reaching an altitude of
62 m.
Specially Protected Area No. 3 Ardery Island and Odbert Island,
Budd Coast Lat. 66°22’S; Long. 110°33’E
Ardery Island (Lat. 66°22’S, Long.
110°28’E) and Odbert Island (Lat. 66°22’S, Long.
110°33’E) form part of the Windmill Islands group lying in the
eastern end of Vincennes Bay off the Budd Coast. They are located 5 km and 0.6
km respectively to the west of Robinson Ridge, south of Casey Station. Odbert
Island is approximately 2.5 kin long and 0.5 km wide. In some years the island
remains joined to Robinson Ridge on the mainland by sea ice. Ardery Island is a
steep ice-free island approximately 1 km long and 0.5 km wide, with an
east-west orientation.
Specially Protected Area No. 20 “New College Valley”, Caughley Beach, Cape Bird, Ross Island Lat.
77°14’S; Long. 166°23’E
The Area is in latitude 77°14’S, longitude
166°23’E, in the northern part of the Cape Bird ice-free area. It
lies between Northern Rookery and Middle Rookery and is about 250 m south of
the summer research station, Cape Bird Hut.
The Area consists of the generally west-facing ice-free slopes
lying between the cliff top above Caughley Beach and
a line parallel to and about 100 m west of the edge of the Mount Bird Ice Cap,
and between a line south of the main stream bed of
“Keble Valley” and the south ridge of “New College
Valley”. Its total area is about 10 hectares.
SCHEDULE 2
(Regulation 15)
ANTARCTIC HISTORIC SITES AND MONUMENTS
1. Flag
mast erected in December 1965 at the South Geographical Pole by the First
Argentine Overland Polar Expedition.
2. Rock
cairn erected in January 1961 and plaques at Syowa Station (Lat.
69°00’S, Long. 39°35’E) in memory
of Shin Fukushima.
3. Rock
cairn and plaque on Proclamation Island, Enderby Land (Lat. 65°51’S, Long. 53°41’E), erected in January 1930 by Sir
Douglas Mawson to commemorate the British, Australian and New Zealand Antarctic
Research Expedition of 1929–31.
4. Station
building to which a bust of V. 1. Lenin is fixed, together with a plaque in
memory of the conquest of the Pole of Inaccessibility by Soviet Antarctic
explorers in 1958 (Lat. 83°06’S, Long.
54°58’E).
5. Rock
cairn and plaque at Cape Bruce, MacRobertson Land (Lat. 67°25’S, Long. 60°47’E), erected in February 1931 by Sir
Douglas Mawson to commemorate the British, Australian and New Zealand Antarctic
Research Expedition.
6. Rock
cairn at Walkabout Rocks, Vestfold Hills, Princess Elizabeth Land (Lat.
68°22’S, Long. 78°33’E), erected
in 1939 by Sir Hubert Wilkins.
7. Stone
with inscribed plaque, erected at Mimy Observatory, Mabus Point (Lat.
66°33’S, Long. 93°01’E), in memory
of Ivan Kharma.
8. Metal
monument-sledge at Mimy Observatory, Mabus Point (Lat. 66°33’S, Long. 93°01’E), with plaque in memory of Anatoly
Shcheglov.
9. Cemetery
on Buromskiy Island, near Mimy Observatory (Lat.
66°32’S, Long. 93°01’E), in which
are buried Soviet, Czechoslovak and GDR citizens, members of Soviet Antarctic
Expeditions.
10. Building
(Magnetic observatory) at Dobrowolsky Station, Bunger Hills (Lat.
66°16’S, Long. 100°45’E), with
plaque in memory of the opening of Oasis Station in 1956.
11. Heavy
tractor at Vostok Station (Lat. 78°28’S, Long.
106°48’E), with plaque in memory of the opening of the station in
1957.
12. Cross
and plaque at Cape Denison, George V Land (Lat. 67°00’S, Long. 142°42’E), erected in 1913 by Sir Douglas
Mawson. The cross and plaque commemorate Lieutenant B.E.S. Ninnis and Dr. X.
Mertz, members of the Australasian Antarctic Expedition of 1911–14.
13. Hut
at Cape Denison, George V Land (Lat. 67°00’S, Long.
142°42’E), built in January 1912 by Sir Douglas Mawson for the
Australasian Antarctic Expedition of 1911–14.
14. Remains
of rock shelter at Inexpressible Island, Terra Nova Bay (Lat.
74°54’S, Long. 163°43’E),
constructed in March 1912 by Victor Campbell’s Northern Party, British
Antarctic Expedition, 1910–13.
15. Hut
at Cape Royds, Ross Island (Lat. 77°38’S, Long.
166°07’E), built in February 1908 by Ernest Shackleton.
16. Hut
at Cape Evans, Ross Island (Lat. 77°38’S, Long
166°24’E), built in February 1911 by Captain Robert Falcon Scott.
17. Cross
on Wind Vane Hill, Cape Evans, Ross Island (Lat. 77°38’S, Long. 166°24’E), erected by the Ross Sea Party of
Ernest Shackleton’s Trans-Antarctic Expedition, 1914–16, in memory
of three members of the party who died in the vicinity in 1916.
18. Hut
at Hut Point, Ross Island (Lat. 77°51’S, Long.
166°37’E), built in February 1902 by Captain Robert Falcon Scott.
19. Cross
at Hut Point, Ross Island (Lat.77°51’S, Long.
166°37’E) erected in February 1904 by the British Antarctic
Expedition, 1901–04, in memory of T. Vince
20. Cross
on Observation Hill, Ross Island (Lat. 77°51’S, Long.
166°40’E), erected in January 1913 by the British Antarctic
Expedition 1910–13, in memory of Captain Robert Falcon Scott’s
party which perished on the return journey from the South Pole, March 1912.
21. Stone
hut at Cape Crozier, Ross Island (Lat. 77°32’S, Long.
169°18’E), constructed in July 1911 by Edward Wilson’s party
(British Antarctic Expedition 1910–13)
22. Hut
at Cape Adare (Lat. 71°17’S, Long.
170°15’E), built in February 1899 during the Southern Cross
Expedition led by C.E. Borchgrevinks
23. Grave
at Cape Adare (Lat. 71°17’S, Long.
170°15’E), of Norwegian biologist, Nicolai Hanson, a member of C.E.
Borchgrevink’s ‘Southern Cross’ Expedition, 1899–1900.
(The first known grave in the Antarctic.)
24. Rock
cairn, known as ‘Amundsen’s Cairn’, on Mount Betty, Queen Maud
Range (Lat. 85°11’S, Long.
163°45’W) erected by Roald Amundsen on 6 January, 1912, on his way
back to ‘Framheim’ from the South Pole.
25. Hut
and plaque on Peter I Øy (Lat.
68°47’S, Long. 90°42’W), built by
the Norwegian Captain Nils Larsen in February 1929 at Framnaesodden.
26. Abandoned
installations of Argentine Station ‘General San Martin’ on Barry
Island, Debenhain Islands, Marguerite Bay (Lat.
68°08’S, Long. 67°08’W), with
cross, flag mast, and monolith built in 1951.
27. Cairn
with plaque on Megalestris Hill, Petermann Island
(Lat. 65°10’S, Long. 64°10’W),
erected in 1908 by the second French expedition led by J-B. Charcot.
28. Rock
cairn at Port Charcot, Booth Island (Lat. 65°03’S, Long.
64°01’W), with wooden pillar and plaque inscribed with the names of
the first French expedition led by J-B. Charcot which wintered here in 1904
aboard Le Français.
29. Lighthouse
named ‘Primero de Mayo’ erected on Lambda Island, Melchior Islands
(Lat. 64°18’S, Long. 62°59’W).
30. Shelter
at Paradise Harbour (Lat. 64°49’S, Long. 62°51’W), erected in 1950 near the Chilean
Base ‘Gabriel Gonzales Videla’ to honour
Gabriel Gonzales Videla.
31. Memorial
plaque marking the position of a former cemetery on Deception Island (Lat.
62°59’S, Long. 60°34’W) where some
40 Norwegian whalers were buried in the first half of the twentieth century.
32. Concrete
monolith, near Arturo Prat Base on Greenwich Island (Lat. 62°29’S, Long. 59°40’W), erected in 1947.
33. Shelter
and cross with plaque near Arturo Prat Base, Greenwich Island (Lat.
62°30’S, Long. 59°41’W), erected
in memory of Lieutenant-Commander Gonzalez Pacheco.
34. Bust
of the Chilean naval hero Arturo Prat erected in 1947 at the base of the same
name on Greenwich Island (Lat. 62°30’S, Long.
59°41’W).
35. Wooden
cross and statue of the Virgin of Carmen erected in 1947 near Arturo Prat Base
on Greenwich Island (Lat. 62°30’S, Long.
59°41’W).
36. Metal
plaque at Potter Cove, King George Island (Lat. 62°13’S, Long. 58°42’W), erected by Eduard Dallmann to
commemorate the visit of his Gerinan expedition on 1
March, 1874.
37. Statue
of Bernard O’Higgins, erected in 1948, in front of the station of the
same name (Lat. 63°19’S, Long.
57°54’W.
38. Hut
on Snow Hill Island (Lat. 64°24’S, Long.
57°00’W) built in February 1902 by the main party of the Swedish
South Polar Expedition, led by Otto Nordenskjold.
39. Stone
hut at Hope Bay (Lat. 63°24’S, Long.
56°59’W), built in January 1903 by a party of the Swedish South Polar
Expedition.
40. Bust
of General San Martin, grotto with a statue of the Virgin of Lujan, and a flag
mast at Base ‘Esperanza’, Hope Bay (Lat. 63°24’S, Long. 56°59’W), erected in 1955 together with a
graveyard with stele in memory of members of Argentine expeditions who died in
the area.
41. Stone
hut on Paulet Island (Lat. 63°35’S, Long.
55°47’W), built in February 1903 by the Norwegian C.A. Larsen, of the
Swedish South Polar Expedition led by Otto Nordenskjold, together with the
grave of a member of that expedition.
42. Area
at Scotia Bay, Laurie Island, South Orkney Island (Lat. 60°46’S, Long. 44°40’W), in which are found: stone hut
built in 1903 by the Scottish Expedition led by W.S. Bruce; the Argentine
Meteorological and Magnetic Observatory, built in 1903; and a graveyard with
seven tombs dating from 1903.
43. Cross
erected in 1955, at a distance of 1,300 metres
north-east of the Argentine Base ‘General Belgrano’ at Piedrabuena
Bay, Filchner Ice Shelf (Lat. 77°49’S, Long.
38°02’W).
44. Plaque
erected at the temporary Indian station ‘Dakshin Gangotri’,
Princess Astrid Kyst, Dronning Maud Land (Lat.
70°45’S, Long. 11°38’E), listing
the names of the members of the First Indian Antarctic Expedition which landed
nearby on 9 January 1982.
45. Plaque
on Brabant Island, on Metchnikoff Point, (Lat. 64°02’S, Long. 62°34’W), erected by de Gerlache to
commemorate the first landing on Brabant Island by the Belgian Antarctic
expedition 1897–99
46. The
buildings and installations of Port Martin base, Terre Adelie (Lat.
66°49’S, Long. 141°24’E)
constructed in 1950 by the 3rd French expedition and partly destroyed by fire
during the night of 23 to 24 January 1952.
47. Wooden
building called ‘Base Marret’ on the Ile des Petrels, Terre Adelie
(Lat. 66°40’S, Long. 140°01’E).
48. Cross
erected on the North-East headland of the Ile des Petrels, Terre Adelie (Lat.
66°40’S, Long. 140°01’E) in memory
of Andre Prudhomme.
49. The
concrete pillar erected in January 1959 by the First Polish Antarctic
Expedition at Dobrolowski Station on the Bunger Hill
(Lat. 66°16.3’S, Long. 100°45’E, h
= 35.4m) to measure acceleration due to gravity.
50. A
commemorative plaque mounted on a sea cliff on the Fildes Peninsula, King
George Island, Maxwell Bay (Lat. 62°12’S, Long.
58°54’W), south-west of the Chilean and Soviet stations in memory of
Professor Siedlecki Tazar.
51. The
grave of Wlodzitnierz Puchalski, surmounted by an
iron cross, on a hill to the south of Arctowski
Station on King George Island (Lat. 62°09’S, Long.
58°28’W).
52. Monolith
erected to commemorate the establishment in February 1985 of the ‘Great
Wall Station’ on Fildes Peninsula, King George Island (Lat.
62°13’S, Long. 58°58’W), in the
South Shetland Islands.
53. Monoliths
and commemorative plaques and bronze busts of Luis Pardo Villalon on Elephant
Island (Lat. 61°03’S, Long. 54°50’W) and their replicas on
the Chilean bases ‘Arturo Prat’ (Lat. 62°30’S, Long.
59°49’W) and ‘Rodolfo Marsh’ (Lat. 62°12’S,
Long. 62°12’W), celebrating the rescue of survivors of the British
ship “Endurance” by the Chilean Navy cutter “Yelcho”.
54. Richard
E. Byrd Historic Monument, McMurdo Station, Antarctica (Lat. 77°51’S,
Long. 166°40’E) with inscriptions describing
the polar achievements of Richard Evelyn Byrd.
55. East
Base, Antarctica, Stonington Island (Lat. 68°11’S, Long.
67°00’W). Buildings and artefacts used during the Antarctic Service
Expedition (1940–41) and the Ronne Antarctic Research Expedition
(1947–48).
56. Waterboat Point, Danco
Coast, Antarctic
Peninsula (Lat. 64°49’S, Long.
62°52’W). The remains and immediate environs of the Waterboat Point hut, situated close to the unoccupied
Chilean station, ‘President Gabriel Gonzalez Videla’.
57. Commemorative
plaque at Yankee Bay, MacFarland Strait,
Greenwich Island, South
Shetland Islands, near the Chilean refuge located at Lat. 621,32°S,
Long. 59°45’W, to the memory of Captain
Robert MacFarlane.
58. Cairn
with memorial plaque erected at Whalers’ Bay, Deception Island, South
Shetland Islands, in the vicinity of the whalers’ cemetery (Lat.
62°59’S, Long. 60°34’W) to honour Captain Adolfus Amadus Andresen.
59. A
cairn on Half Moon beach, Cape Shirreff, Livingston Island, South Shetland
Islands (Lat. 62°29’S, Long.
60°47’W), commemorating the officers, soldiers and seamen on board
the San Telmo, which sank in September 1819.
60. Wooden
plaque and rock cairn located at Penguins bay, southern coast of Seymour Island
(Marainbio), James Ross Archipelago (Lat.
64°16’00”S, Long.
56°39’10”W) in memory of the 1903 Swedish Expedition led by Dr.
Otto Nordenskjold.
SCHEDULE 3
(Regulation 16)
PROTECTED PLACES
No.1 Seal Islands, South Shetland Islands Lat. 60°59’S;
Long. 55°23’W
The Seal Islands are composed of small islands and skerries located
approximately 7 km north of the northwest corner of Elephant Island, South
Shetland Islands. The Seal Islands Protected Place includes the entire Seal
Islands group, which is defined as Seal Island plus any land or rocks exposed
at mean low tide within a distance of 5.5 km of the
point of highest elevation on Seal Island. Seal Island
is the largest island of the group, and is situated at
Lat. 60°59’S, Long. 55°23’W.
The Seal Islands cover an area approximately 5.7 km from east to
west and 5 km from north to south. Seal Island is joined to the adjacent island
to the west by a narrow sand bar that is approximately 50 m long.
No. 2 Cape Shirreff and the San Telmo Islands, South Shetland
Islands Lat. 62°27’S; Long. 60°47’W
Cape Shirreff is a low, ice-free peninsula
towards the western end of the north coast of Livingston
Island, South Shetland
Islands, situated at Lat. 62°27’S, Long.
60°47’W, between Barclay
Bay and Hero Bay.
San Telmo Island is the largest of a small group of ice-free rock islets,
approximately 2 km west of Cape Shirreff. Cape Shirreff is approximately 3 km
from north to south and 0.5 to 1.2 km from east to west.
No man-made markers indicate the limits of the Protected Place, the
boundaries being defined by natural features (i.e. coastlines or glacial
margins). Its southern boundary is bordered by a permanent glacial ice barrier,
which is located at the narrowest part of the Cape. The eastern side of the
base of the Cape has two beaches with a total length of about 600 m. Above this
the extremity of the Cape has a rocky barrier about 150 m long. The western
side is formed by almost continuous cliffs 10 to 15 m high. Near the southern
base of the Cape on the western side is a small sandy beach approximately 50 m
long.
