The Deep Sea Mining (Temporary Provisions) Act 1981 (Jersey) Order 1997

Statutory Instruments

1997 No. 2979

DEEP SEA MINING

The Deep Sea Mining (Temporary Provisions) Act 1981 (Jersey) Order 1997

Made

17th December 1997

Coming into force

19th January 1998

At the Court at Buckingham Palace, the 17th day of December 1997

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 1(5) and 18(6) of the Deep Sea Mining (Temporary Provisions) Act 1981(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation and commencement

1.  This Order may be cited as the Deep Sea Mining (Temporary Provisions) Act 1981 (Jersey) Order 1997 and shall come into force on 19th January 1998.

Interpretation

2.  In this Order—

“Jersey” means the Bailiwick of Jersey;

“the Act” means the Deep Sea Mining (Temporary Provisions) Act 1981.

Application of section 1

3.  The application of section 1 of the Act shall extend to bodies incorporated under the law of any part of Jersey.

Extension of provisions of the Act to Jersey

4.  Sections 1, 14, 17 and 18(1) of the Act(2) shall extend to Jersey with the modifications specified in the Schedule hereto.

N. H. Nicholls

Clerk of the Privy Council

Article 4

SCHEDULE MODIFICATIONS TO PROVISIONS OF THE DEEP SEA MINING (TEMPORARY PROVISIONS) ACT 1981 IN THEIR EXTENSION TO JERSEY

1.  In section 1—

(a) in subsection (3), for the words from “liable” onwards substitute “liable to a fine”;

(b) for subsection (4) substitute—

“(4) This section applies to any person who—

(a) is a United Kingdom national or a body incorporated under the law of Jersey; and

(b) is resident in Jersey.”;

(c) omit subsection (5).

5.  In section 14—

(a) in subsection (1), omit “or under regulations made under this Act”; and for “the United Kingdom” substitute “Jersey”;

(b) omit subsections (2) and (3);

(c) In subsection (5), omit “or of regulations made under this Act”.

3.  in section 17—

(a) omit the definitions of “ancillary operations”, “inspector”, “licensed area”, “licensed operations”, “licensee”, “prescribed”, “reciprocal authorisation”, “reciprocating country” and “ship”;

(b) for the definition of “exploitation licence” substitute—

““exploitation licence” means a licence authorising the licensee to exploit the hard mineral resources of such part of the deep sea bed as may be specified in the licence”;

(c) for the definition of “exploration licence” substitute—

““exploration licence” means a licence authorising the licensee to explore for the hard mineral resources of such part of the deep sea bed as may be specified in the licence”.

Explanatory Note

(This note is not part of the Order)

This Order applies section 1 of the Deep Sea Mining (Temporary Provisions) Act 1981, as it has effect in the United Kingdom, to bodies incorporated under the law of the Bailiwick of Jersey. It also extends to the Bailiwick of Jersey sections 1, 14, 17 and 18(1) of that Act of 1981, with the modifications specified in the Schedule to this Order.

(1)

1981 c. 53; section 1(5) was amended by the British Nationality Act 1981 (c. 61), Schedule 7, and by the Statute Law (Repeals) Act 1995 (c. 44), Schedule 1, Part II.

(2)

Section 1(6) was amended by the British Nationality Act 1981 (c. 61), Schedule 7, and by the Schedule to the Hong Kong (British Nationality) Order 1986 (S.I. 1986/948); section 14 was amended by the Statute Law (Repeals) Act 1993 (c. 50), Schedule 1, Part XIV; there are other amendments to sections 1 and 14 which are not relevant to the subject matter of this Order.