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Maritime Exclusion Zone: Wreck of the P6T2

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 November 2017:

Decision Reference: MD-E-2017-0041

Decision Summary Title :

Maritime Exclusion Zone – P6T2

Date of Decision Summary:

22nd November 2017

Decision Summary Author:

 

Policy Manager, EDTSC

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Policy Manager, EDTSC

Written Report

Title :

Harbour Master

Date of Written Report:

22nd November 2017

Written Report Author:

Harbour Master

Written Report :

Public or Exempt?

 

Public

Subject:

Harbours (Jersey) Regulations 1962: Maritime Exclusion Zone – Wreck of the P6T2

Decision(s):

The Minister issued a Direction in accordance with Regulation 1(2)(a) of the Harbours (Jersey) Regulations 1962 to establish a maritime exclusion zone in Jersey territorial waters in the immediate vicinity of the wrecked motorboat P6T2 which, as at 22nd November 2017, was located at 49°09.956’N  002°13.412’W (Notice to Mariners 20 of 2017 refers). Diving, fishing, laying of static gear and trawling were to be prohibited.

 

This Direction was to come into force with immediate effect and until further notice.

 

The Minister further invited the Harbour Master to issue a suitable Notice to Mariners without delay.

 

Reason(s) for Decision:

The wreck constitutes a risk to navigation and has been assessed as a hazard to divers and fishermen. A survey conducted on 21st November 2017 established that the wrecked motorboat was moving dynamically with the tide.  Whereas the motorboat was lying almost horizontally on the seabed in stronger current, it was observed in an almost ‘bow upright state in slack water. The Jersey Coastguard has received evidence that divers have visited the wreck site.

 

Resource Implications:

There are no resource implications for the States of Jersey.

Action required:

The Harbour Master is to be notified of the Minister’s decision in order that a suitable Notice to Mariners could be issued promptly. 

Signature:

Position:

Minister for Economic Development, Tourism, Sport and Culture

Date Signed:

Date of Decision (If different from Date Signed)

 

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