Mobile Gear Authorisation scheme - Legal basis Mobile Gear Authorisation scheme - Legal basis
Produced by the Freedom of Information officeAuthored by Infrastructure and Environment and published on
12 January 2026.Prepared internally, no external costs.
Request 774106977
Following FOI request 769010018, I require clarification to ensure the record is complete and accurate.
My question concerns the legal authority actually in force on 21 June 2024 that empowered the Minister or Marine Resources to:
1.operate the Mobile Gear Authorisation scheme, and
2. refuse applications under any criteria.
Therefore, so there is no ambiguity, I ask the following:
1. Please state whether any of the following existed and were in force on 21 June 2024:
(a) a Ministerial Decision establishing the Mobile Gear Authorisation scheme;
(b) a Regulation made under Article 12 or Article 13 of the Sea Fisheries (Jersey) Law 1994;
(c) an Order made under that Law;
(d) any other statutory instrument creating, authorising, or giving legal effect to the Mobile Gear Authorisation scheme or its qualifying criteria.
2. If relying on Article 12 generally, please confirm whether:
(a) Article 12 was used without any Regulation, Order, or Ministerial Decision in force;
(b) the scheme was created and applied solely through internal licence conditions or internal decision-making processes.
This is required to establish the precise legal basis on which the 2024 scheme operated.
Response
1, a, b, c and d
No, practical decisions are made under delegated authority, attached.
Freedom of Information response 774106977- Attachment.pdf
2.
(a)
Yes, Article 12 was used without any Regulation, Order, or Ministerial Decision in force, see delegated powers attached.
(b)
The scheme was consulted through the Marine Resources Panel before the final decision made within Government.
The Minutes are publicly available and can be found within the link below. Therefore, Article 23 of the Freedom of Information (Jersey) Law 2011 applies.
Fisheries and Marine Resources Panel
Articles applied
Article 23 - Information accessible to applicant by other means
(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.
(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.
gov.je