|Department||Department for the Economy|
|Type of consultation||White paper|
|Deadline for comments||12/07/2023|
|Responses publish date||14/09/2023|
About the consultation
We are seeking to update the law to make Jersey's inshore territorial waters safer for everyone to enjoy.
The outline proposals were published in October 2022 within the Minister for Economic Development's
2023 Ministerial Plan but before proceeding with any changes, we want to hear your views on the proposals.
If enacted, the changes would amend the
Shipping (Jersey) Law 2002 and the
Harbours Inshore Safety Regulations 2012 in two main ways:
- the definition of a 'vessel' will be broadened to include smaller watercraft used merely for having fun on (as distinct from the navigation of) the water. These types of watercraft might include non-displacement vessels, jet skis, and smaller speedboats. The reason for these changes is to make sure that everyone who enjoys using Jersey's waters in different types of floating vessels does so to the same level of responsibility as, for example, sailing boats and yachts.
- new offences will be introduced for where a person has caused death or serious injury to another person by careless operation of a ship. Further aggravated offences will include causing death or serious injury while under the influence of alcohol or drugs. The offences will also give the police and harbourmaster the authority to require a breath test of a suspect during the course of an investigation into a serious injury or death. The reason for these changes is to allow for adequate prosecution of a person where they have caused serious harm to another person by behaving in a careless way when operating a ship. Further, the law will recognise where the consumption of drugs or alcohol has led to a death or serious injury.
We believe there are economic, social, and cultural advantages to making these changes, and we wants to remove a small number of legal anomalies which currently put some seafarers at a lesser level of legal responsibility to others.
The changes would also create new requirements for Government, too. If enacted, Ministers would be required to ask for a maritime investigations for a greater number of vessels, whatever the type of watercraft involved.
Harbours inshore safety (amendment) regulations
Shipping (amendment no.5) law 202 draft 7
How to submit comments to the consultation
This consultation is now closed, and the responses are below.
The information you provide will be processed in compliance with the Data Protection (Jersey) Law 2018. For more information see the Department for the Economy privacy notices.
Under the Freedom of Information (Jersey) Law 2011, information submitted to this consultation may be released if a Freedom of Information (FOI) request requires it, but no personal data may be released.
Responses to the consultation
Consultation response: Amendments to Shipping (Jersey) Law 2002 and Harbours (Inshore Safety) (Jersey) Regulations 2012