Memorandum of understanding for the prevention and control of pollution of the island's territorial seas and coastal waters

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 March 2010 regarding: Memorandum of understanding for the prevention and control of pollution of the island's territorial seas and coastal waters.

Decision Reference: MD-PE-2010-0042 -
Decision Summary Title :	Memorandum of Understanding between the Minister for Planning and Environment and the Minister for Economic Development with regard to the prevention and control of pollution of the Island’s territorial seas and coastal waters.	Date of Decision Summary:	16/03/10
Decision Summary Author:	Head of Water Resources - Environmental Protection	Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written	Person Giving Oral Report:
Written Report Title :	Memorandum of Understanding between the Minister for Planning and Environment and the Minister for Economic Development with regard to the prevention and control of pollution of the Island’s territorial seas and coastal waters.	Date of Written Report:	16/03/10
Written Report Author:	Head of Water Resources - Environmental Protection	Written Report : Public or Exempt?	Public
Subject: Memorandum of Understanding for the prevention and control of pollution of the Island’s territorial seas and coastal waters.
Decision(s): The Minister for Planning and Environment to approve the above mentioned Memorandum of Understanding.
Reason(s) for Decision: The Water Pollution (Jersey) Law 2000 has complimentary, but separate, enforcement powers to some elements of the Shipping (Jersey) Law 2002, the MARPOL Convention. and FEPA. This Memorandum of Understanding has been updated in order to avoid duplication of effort across departments, to provide an efficient and cost-effective pollution prevention and control, and to clarify the roles of Jersey Harbours and the Planning and Environment Department in the event of a pollution incident in Jersey’s territorial seas or coastal waters.

Resource Implications: Nil
Action required: The Minster to sign the MOU.
Signature:	Position:
Date Signed:	Date of Decision (If different from Date Signed):