Harbours
(Protection of Cables in Territorial Waters) (Jersey) Regulations 2010
THE STATES, in pursuance of Article 4
of the Harbours (Administration) (Jersey) Law 1961[1], have made the following
Regulations –
Commencement
[see endnotes]
1 Interpretation
In these Regulations –
“fishing vessel”
means any vessel of whatever size, and in whatever way propelled, being used,
or intended for use, for or in connection with fishing for fish or shellfish;
“master” includes a
skipper or any other person who is for the time being in command or charge of a
vessel;
“prohibited activity”
has the meaning assigned by Regulation 2.
2 Offence
of anchoring, dredging or trawling in a cable protection zone
(1) A
person commits an offence if he or she carries out a prohibited activity.
(2) Each
of the activities listed in paragraph (3) is a prohibited activity, if
carried out in a cable protection zone specified in the Schedule.
(3) The
activities are –
(a) anchoring
a vessel or other object;
(b) dredging;
(c) trawling.
3 Liability
of master for prohibited activity from a fishing vessel
A person commits an offence if he or she is the master of a fishing
vessel when a prohibited activity is carried out from the vessel.
4 Liability
of others for prohibited activity from a fishing vessel
(1) A
person falling within paragraph (2) commits an offence if the person fails
to exercise all due diligence to prevent a prohibited activity which is carried
out from a fishing vessel.
(2) A
person falls within this paragraph if, when the prohibited activity is carried
out, the person is not the master of the vessel but is –
(a) the
charterer of the vessel; or
(b) if
the vessel is not under charter, the owner of the vessel.
(3) Paragraph
(4) applies if an offence under paragraph (1) committed by a body
corporate or by a limited liability partnership is proved to have been
committed with the consent or connivance of, or to be attributable to neglect
on the part of –
(a) a
person who is a director, manager, secretary or other similar officer of the
body corporate, or a partner of the partnership; or
(b) a
person purporting to act in any such capacity.
(4) That
person –
(a) is
also guilty of the offence under paragraph (1); and
(b) is
liable in the same manner as the body corporate or the partnership to the
penalty provided for the offence.
(5) If
the affairs of a body corporate are managed by its members, paragraphs (3)
and (4) apply in relation to acts and defaults of a member in connection with
the member’s functions of management as if the member were a director of
the body corporate.
5 Penalties
for offence
A person guilty of an offence under these Regulations is liable to
imprisonment for a term of 3 months and a fine.
6 Citation
These Regulations may be cited as
the Harbours (Protection of Cables in Territorial Waters) (Jersey)
Regulations 2010.
SCHEDULE
(Regulation 2(2))
Cable Protection
Zone
1 Interpretation
In this Schedule coordinates giving
the position of a point are defined on WGS 1984.
2 Cable
protection zone for cable to France
The cable protection zone in
respect of the submarine electricity cable to France is those parts of the sea
that –
(a) form
part of the territorial sea adjacent to Jersey; and
(b) fall
within 1,000 metres on each side of the line set out in paragraph 3.
3 Line
for submarine electricity cable to France
The line referred to in
paragraph 2(b) is a line consisting of a series of loxodromic lines
joining, in the sequence given, the following points –
|
Point
|
Position
|
|
1
|
49°12.746’N
|
2° 1.300’W
|
|
2
|
49°12.603’N
|
2° 1.097’W
|
|
3
|
49°12.461’N
|
2°
0.689’W
|
|
4
|
49°12.413’N
|
2°
0.321’W
|
|
5
|
49°13.148’N
|
1°55.348’W
|
|
6
|
49°14.131’N
|
1°50.860’W
|
|
7
|
49°15.550’N
|
1°45.816’W
|
|
8
|
49°16.696’N
|
1°43.792’W
|
|
9
|
49°16.791’N
|
1°43.214’W
|
|
10
|
49°16.865’N
|
1°42.984’W
|
|
11
|
49°16.889’N
|
1°42.818’W
|
|
12
|
49°16.893’N
|
1°42.605’W
|
|
13
|
49°16.953’N
|
1°42.231’W
|
|
14
|
49°16.992’N
|
1°42.118’W
|
|
15
|
49°17.076’N
|
1°41.852’W
|
|
16
|
49°17.146’N
|
1°41.530’W
|
|
17
|
49°17.168’N
|
1°41.505’W
|
|
18
|
49°17.391’N
|
1°41.677W
|
|
19
|
49°17.415’N
|
1°41.696’W
|
|
20
|
49°17.471’N
|
1°41.702’W
|
|
21
|
49°17.598’N
|
1°41.770’W
|