Policy & Resources Committee - P.2019/5
The States are asked to decide:-
Whether, after consideration of the Policy Letter dated 10th January, 2019, of the Policy & Resources Committee, they are of the opinion:-
1. To agree that Guernsey's territorial sea should extend, in accordance with international law, up to 12 nautical miles from the relevant baselines (but not beyond any appropriate median lines, where relevant).
2. To direct the Policy & Resources Committee (following corresponding decisions by the States of Alderney and the Chief Pleas of Sark in respect of their own territorial seas) to send a formal request to the UK government that an Order in Council be made under the Territorial Sea Act 1987 to extend the territorial seas of the Bailiwick of Guernsey up to 12 nautical miles from the relevant baselines (but not beyond any appropriate median lines, where relevant) in accordance with international law.
3. To note that the territorial seas may be extended whether or not the maritime boundaries between Guernsey, Alderney and Sark or between the Bailiwick of Guernsey and France or between the Bailiwick of Guernsey and the Bailiwick of Jersey have already been agreed.
4. To delegate authority to the Policy & Resources Committee to negotiate and agree, with the States of Alderney and the Chief Pleas of Sark, the co-ordinates to define the maritime boundaries (median lines) between Guernsey and Alderney and Sark.
5. To delegate authority to the Policy & Resources Committee (in conjunction with the States of Alderney and the Chief Pleas of Sark) to work with the UK government to negotiate and agree the co-ordinates where necessary to define the maritime boundary between the Bailiwick of Guernsey and France and between the Bailiwick of Guernsey and the Bailiwick of Jersey.
6. To agree that, following extension of the territorial seas of the Bailiwick, legislative and administrative measures are implemented and adopted in order to ensure that the Bailiwick fisheries management regime remains the same as it was before extension until any new regime is subsequently agreed between the Bailiwick authorities.
7. To agree that, following or upon extension of the territorial seas of the Bailiwick, any necessary legislation to give full effect in domestic law to the extension and any consequential amendments to extant Bailiwick legislation, such as the Sea Fish Licensing (Bailiwick of Guernsey) Law, 2012, that may be necessary is enacted.
8. To direct the Policy & Resources Committee to establish whether a transfer of Guernsey's foreshore and seabed from the Crown (so far as the same are vested in the Crown) to the States or another suitable person or entity can be agreed in principle, and -
(a) if agreed in principle -
(i) to identify a suitable person or entity in which title to and rights in the foreshore and
seabed surrounding Guernsey might most appropriately be vested,
(ii) to negotiate the terms and conditions of transfer, and
(iii) to report back to the States with proposals enabling the States to approve any such
transfer and the identity of the transferee, or
(b) if not agreed in principle -
(i) to report any failure to agree to the States, and
(ii) to make recommendations as to any further actions or measures that might need
to be taken to enable an agreement to be reached.
9. To direct the preparation of such legislation as may be necessary to give effect to the above decisions.
The above Proposition(s) have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.