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Air Navigation (Fees) (Jersey) Order 2015: Proposed amendment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 7 December 2018:

MINISTERIAL DECISION REFERENCE:    MD-ER-2018-0046

DECISION SUMMARY TITLE: Air Navigation (Fees) (Jersey) Order 2015 Amendment

DECISION SUMMARY AUTHOR:

Head of International Compliance

IS THE DECISION SUMMARY PUBLIC OR EXEMPT? 

Public

REPORT TITLE:    N/A

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:

N/A

IS THE REPORT PUBLIC OR EXEMPT?

N/A

DECISION AND REASON FOR THE DECISION:

At present, no fee is charged in Jersey for the processing of Aerial Permit applications. Historically, this has not been an issue as there were a relatively low number of such applications.

However, in recent years, there has been a substantial increase in the number of applications to the Office of the Director of Civil Aviation (ODCA) for Aerial Permits. Such applications now average between 50 - 75 per year and consequently now require a significant amount of the ODCA’s time to process. To date in 2018 there have been 72 applications.

Therefore, in line with other jurisdictions around the world, including the United Kingdom, France, and the Isle of Man, the Director of Civil Aviation (DCA) intends to introduce a fee for Jersey Aerial Permits to offset the cost of processing the applications.

Monies received would contribute towards the budget of ODCA, reducing the cost of any potential increase in the Aerodrome Licence Fee from 2020 onwards.

To enable such a fee to be charged, an amendment to the Air Navigation (Fees) (Jersey) Order 2015 is required. Therefore, the Minister for External Relations instructed the Legislative Drafting Office to draft the necessary amendment.

RESOURCE IMPLICATIONS: There are no financial or manpower implications arising from this Ministerial Decision.

ACTION REQUIRED: External Relations to instruct the Legislative Drafting Office to prepare the necessary amendment.

SIGNATURE:

 

SENATOR IAN GORST

POSITION:

 

MINISTER FOR EXTERNAL RELATIONS

DATE SIGNED

EFFECTIVE DATE OF THE DECISION

 

 

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