Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 (S.I. No. 250 of 2002)

THE TERRITORIAL SEA ACT 1987 (JERSEY) (AMENDMENT) ORDER 2002 JERSEY REVISED EDITION OF THE LAWS APPENDIX The Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 THE TERRITORIAL SEA ACT 1987 (JERSEY) (AMENDMENT) ORDER 2002 (Registered on the 8th day of March 2002) At the Court at Buckingham Palace 12th February 2002 PRESENT The Queen’s Most Excellent Majesty in Council HER MAJESTY, in exercise of the powers conferred upon Her by section 4(4) of the Territorial Sea Act 1987, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows 1. This Order may be cited as the Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 and may be cited, together with the Territorial Sea Act 1987 (Jersey) Order 1997,1 as the Territorial Sea Act 1987 (Jersey) Orders 1997-2002. It shall come into force on the date on which the Agreement between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the Establishment of a Maritime Boundary between France and Jersey enters into force. That date will be notified in the London, Edinburgh and Belfast Gazettes. 2. The Territorial Sea Act 1987 (Jersey) Order 19971 is amended as follows (a) paragraph (ii) of the proviso to section 1 of the Territorial Sea Act 1987,2 as extended to the Bailiwick of Jersey with the exceptions, adaptations and modifications specified in the Schedule to the said Order, shall be deleted and the following substituted therefor “(ii) the seaward limit of the territorial sea adjacent to the Bailiwick of Jersey between Point 13 and Point 1 indicated in Schedule 3 to this Act shall consist of a series of straight lines joining, in the sequence given, those two points and Points 14 to 25 indicated in Schedule 4 to this Act.”; (b) in section 1(7) of the said Act of 1987,3 as so extended, for “Schedule 3” there shall be substituted “Schedules 3 and 4” and paragraph (a) shall be deleted; and 1 Volume 1996-1997, page 589. 2 Volume 1996-1997, page 594. 3 Volume 1996-1997, page 595. The Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 Page - 2 Revised Edition – Appendix 15.820 (c) at the end of Schedule 3 to the said Act of 1987,4 as so extended, there shall be added “SCHEDULE 4 (Section 1(1)(ii)) LIST OF POINTS From Point 13 in Schedule 3 to: Point Position of Point 14 49 21’.88N 01 59’.55W 15 49 19’.00N 01 53’.50W 16 49 15’.05N 01 50’.00W 17 49 11’.00N 01 50’.00W 18 49 03’.95N 01 51’.55W 19 48 57’.88N 01 56’.57W 20 48 56’.50N 01 59’.00W 21 48 53’.00N 01 59’.00W 22 48 52’.33N 02 05’.00W 23 48 52’.33N 02 14’.50W 24 48 55’.67N 02 31’.52W 25 49 03’.57N 02 31’.52W thence to Point 1 in Schedule 3.”. A.K. GALLOWAY Clerk of the Privy Council. 4 Volume 1996-1997, page 599. The Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 Revised Edition – Appendix Page - 1 15.820 ELIZABETH II TERRITORIAL SEA ACT 1987 1987 CHAPTER 49 AN ACT to provide for the extent of the territorial sea adjacent to the British Islands. [15th May 1987] BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows5 Extension of territorial sea 1.-(1) Subject to the provisions of this Act (a) the breadth of the territorial sea adjacent to the [Bailiwick of Jersey] shall for all purposes be 12 nautical miles; and (b) the baselines from which the breadth of that territorial sea is to be measured shall for all purposes be those established by Her Majesty by Order in Council. [Provided that (i) the seaward limit of the territorial sea adjacent to the Bailiwick of Jersey between Point 1 and Point 13 indicated in Schedule 3 to this Act shall consist of a series of straight lines joining, in the sequence given, Points 1 to 13 indicated in Schedule 3 to this Act; and [(ii) the seaward limit of the territorial sea adjacent to the Bailiwick of Jersey between Point 13 and Point 1 indicated in Schedule 3 to this Act shall consist of a series of straight lines joining, in the sequence given, those two points and Points 14 to 25 indicated in Schedule 4 to this Act.]] 5 Deletions and words in square brackets indicate adaptations and modifications made by the Territorial Sea Act 1987 (Jersey) Orders 1997-2002. The Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 Page - 2 Revised Edition – Appendix 15.820 (2) Her Majesty may, for the purpose of implementing any international agreement or otherwise, by Order in Council provide that any part of the territorial sea adjacent to the [Bailiwick of Jersey] shall extend to such line other than that provided for by subsection (1) above as may be specified in the Order. (3) In any legal proceedings a certificate issued by or under the authority of the [Lieutenant Governor] stating the location of any baseline established under subsection (1) above shall be conclusive of what is stated in the certificate. (4) As from the [extension of this section to the Bailiwick of Jersey] the Territorial Waters Order in Council 1964 and the Territorial Waters (Amendment) Order in Council 1979 shall have effect for all purposes as if they were Orders in Council made by virtue of subsection (1)(b) above; and subsection (5) below shall apply to those Orders as it applies to any other instrument. (5) Subject to the provisions of this Act, any enactment [contained in an Act of Parliament] or instrument which (whether passed or made before or after the [extension of this section to the Bailiwick of Jersey] contains a reference (however worded) to the territorial sea adjacent to, or to any part of, the [Bailiwick of Jersey] shall be construed in accordance with this section and with any provision made, or having effect as if made, under this section. (6) Without prejudice to the operation of subsection (5) above in relation to a reference to the baselines from which the breadth of the territorial sea adjacent to the [Bailiwick of Jersey] is measured, nothing in that subsection shall require any reference in any enactment [contained in an Act of Parliament] or instrument to a specified distance to be construed as a reference to a distance equal to the breadth of that territorial sea. (7) In this section [and in [Schedules 3 and 4] to this Act (a) * * * * * (b)] “nautical miles” means international nautical miles of 1,852 metres; [(c) “straight line” means a loxodromic line; and (d) all positions given by means of co-ordinates are defined on European Datum (1st adjustment 1950).] [Enactments and provisions not affected 2. Nothing in section 1 above, or in any Order in Council made under that section, shall affect the operation of any enactment contained in an Act of Parliament, or any provision made under such an enactment, which relates to sea fisheries and which is passed or made before the extension of section 1 above to the Bailiwick of Jersey or the date on which such Order comes into force.] Amendments and repeals 3.-(1) * * * * * * * The Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 Revised Edition – Appendix Page - 3 15.820 (2) * * * * * * * (3) * * * * * * * (4) The enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule. Short title, commencement and extent 4.-(1) This Act may be cited as the Territorial Sea Act 1987. (2) * * * * * * * (3) This Act extends to Northern Ireland. (4) * * * * * * * The Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 Page - 4 Revised Edition – Appendix 15.820 SCHEDULES SCHEDULE 1 * * * * * * * The Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 Revised Edition – Appendix Page - 5 15.820 SCHEDULE 2 (Section 3) Repeals Chapter Short title Extent of repeal 41 & 42 Vict c 73 The Territorial Waters Jurisdiction Act 1878 In section 7, the definition of “the territorial waters of Her Majesty’s dominions”, including the words from “and for the purpose of any offence” to “the territorial waters of Her Majesty’s dominions”. 1967 c 41 The Marine, &c, Broadcasting Offences Act 19676 Section 9(2) 1967 c 72 The Wireless Telegraphy Act 19677 Section 9(1) * * * * * * * * * * * * * * 6 Volume 1966-1967, page 746. 7 Volume 1968-1969, page 30. The Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 Page - 6 Revised Edition – Appendix 15.820 [SCHEDULE 3 (Section 1(1)(i)) LIST OF POINTS Point Position of Point 1 49º13´15"N 02°33´33"W 2 49°14´55"N 02°31´21"W 3 49°16´34"N 02°28´53"W 4 49°18´30"N 02°22´03"W 5 49°18´53"N 02°20´56"W 6 49°20´16"N 02°18´41"W 7 49°21´20"N 02°16´54"W 8 49°22´19"N 02°15´02"W 9 49°22´23"N 02°14´57"W 10 49°23´01"N 02°13´43"W 11 49°24´26"N 02°10´17"W 12 49°25´24"N 02°08´00"W 13 49°27´38"N 02°05´51"W .] The Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 Revised Edition – Appendix Page - 7 15.820 [SCHEDULE 4 (Section 1(1)(ii)) LIST OF POINTS From Point 13 in Schedule 3 to: Point Position of Point 14 49 21’.88N 01 59’.55W 15 49 19’.00N 01 53’.50W 16 49 15’.05N 01 50’.00W 17 49 11’.00N 01 50’.00W 18 49 03’.95N 01 51’.55W 19 48 57’.88N 01 56’.57W 20 48 56’.50N 01 59’.00W 21 48 53’.00N 01 59’.00W 22 48 52’.33N 02 05’.00W 23 48 52’.33N 02 14’.50W 24 48 55’.67N 02 31’.52W 25 49 03’.57N 02 31’.52W thence to Point 1 in Schedule 3.]