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Maritime Exclusion Zone: Incident of 8 December 2022: Reduction in size of zone

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 6 January 2023:

Decision Reference:  MD-ETS-2023-831

Public

Subject: Ministerial Direction: Reduction in size of maritime exclusion zone under Harbours (Jersey) Regulations 1962

 

Report Title: Ministerial Direction: Reduction in size of maritime exclusion zone under Harbours (Jersey) Regulations 1962

Public

Decision(s):

The Minister, with reference to his previous decision MD-ETS-2022-781, decided to issue a Direction in accordance with Regulation 1(2)(a) of the Harbours (Jersey) Regulations 1962 to vary, in the following terms, the maritime exclusion zone in Jersey territorial waters at 49° 13.105’N 002°20.024’W in the immediate vicinity of the wrecked fishing vessel L’Ecume II.

Reason for Decision(s):

Following the conclusion of MV Freya’s work it has been determined that the wreck site, which remains the subject of both the ongoing enforcement and maritime safety investigations, falls entirely within a 250 metre radius.

Resource Implications: None

 

Action Required: Department to instruct Ports of Jersey (PoJ) to take necessary action.

Signature:

 

 

Signed By: Minister for Economic Development, Tourism, Sport and Culture

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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