Laws, Regulations and Restrictions Relating to Harbour Areas

Summary

The applicant requested documentation regarding environmental and operational restrictions for commercial use of Ramsey Harbour quayside adjacent to residential properties between January 2020 and present. The Department of Environment, Food and Agriculture partially disclosed relevant legislation under the Water Pollution Act 1993 but cited Section 20 to withhold information deemed reasonably accessible by other means.

Key Facts

• The request was refined to focus specifically on Ramsey Harbour quayside infrastructure adjacent to residential areas, excluding water-based zones and marina developments.
• The Department of Infrastructure (DOI) regulates deposits in the sea under Part 2 of the Water Pollution Act 1993, not DEFA.
• DEFA's Environmental Protection Unit regulates water pollution under Part 1 of the Water Pollution Act 1993, but this does not cover discharges from vessels.
• The authority contacted the applicant twice in July 2025 to seek clarification before issuing the final response.
• The response was issued on 19 August 2025, covering a timeframe from January 2020 to the present.

Data Disclosed

• 2025-07-03
• 2025-08-19
• 2025-07-17
• 2020
• 1993
• Section 20
• Part 1
• Part 2
• Section 3
• s.17
• 4772789

Exemptions Cited

• Section 20 – Information accessible to applicant by other means

Original Request

1.All documentation, legislation, regulations, and internal policies held by DEFA which govern or relate to the use, management, environmental impact, operational restrictions, or permitted activities in Isle of Man harbour areas, with particular focus on: -Ramsey Harbour -Quayside operational zones adjacent to residential properties -Commercial use of harbour land 2.Any environmental or operational restrictions, obligations, or conditions placed on users or lessees of harbour areas to mitigate impact on nearby residential or conservation areas. 3.Any inter-departmental agreements or memoranda of understanding between DEFA and the Department of Infrastructure (DOI) regarding harbour oversight, including clarification of departmental responsibilities due to any declared or perceived conflicts of interest. If possible, I would like this information to cover the period from October 11, 2011 to present. If any of the requested information is exempt from disclosure, please provide the specific exemption(s) relied upon and explain why they apply. Where information can be provided in part, I would be grateful if you could release what is available.

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 4772789 19 August 2025

Dear ###

We write further to your request, received 3 July 2025, which states:

"1. All documentation, legislation, regulations, and internal policies held by DEFA which govern or relate to the use, management, environmental impact, operational restrictions, or permitted activities in Isle of Man harbour areas, with particular focus on: - Ramsey Harbour - Quayside operational zones adjacent to residential properties - Commercial use of harbour land

1. Any environmental or operational restrictions, obligations, or conditions placed on users or lessees of harbour areas to mitigate impact on nearby residential or conservation areas.

2. Any inter-departmental agreements or memoranda of understanding between DEFA and the Department of Infrastructure (DOI) regarding harbour oversight, including clarification of departmental responsibilities due to any declared or perceived conflicts of interest.

If possible, I would like this information to cover the period from October 11, 2011 to present.

If any of the requested information is exempt from disclosure, please provide the specific exemption(s) relied upon and explain why they apply. Where information can be provided in part, I would be grateful if you could release what is available."

The Department contacted you on 3 July, and again on 17 July, to seek further clarification with regards to your request. Your response is as follows:

To clarify and refine my request: 1. Geographical Scope: o I am only seeking information relevant to Ramsey Harbour, specifically the quayside infrastructure adjacent to the residential area around the old Custom House and Harbourside properties.

o I am not seeking information regarding water-based zones, marina developments, or other harbours.

1. Subject Focus: o I am requesting documentation, regulations, restrictions, or policies governing the use of harbour land infrastructure for commercial purposes in areas adjacent to residential properties. o I am particularly interested in environmental impact, noise, operational hours, and conditions placed on users or lessees to mitigate impact on nearby residential and conservation areas. o I am not requesting details on protected species, marine reserves, dredging, or marina development.

2. Departmental Responsibility Areas: o Please include any relevant documentation falling under:  Environmental protection  Environmental health  Marine conservation  Planning and building control (only where it relates to harbour land use)

3. Timeframe: o Please limit the request to the period from January 2020 to present.

Our response to your request is as follows.

1. All documentation, legislation, regulations, and internal policies held by DEFA which govern or relate to the use, management, environmental impact, operational restrictions, or permitted activities in Isle of Man harbour areas, with particular focus on:
2. Ramsey Harbour
3. Quayside operational zones adjacent to residential properties
4. Commercial use of harbour land

Section 20 – Information accessible to applicant by other means
While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee.

The legislation regulated by the Environmental Protection Unit which may be relevant to harbours in so far as legally they can be considered as controlled waters is The Water Pollution Act 1993 Part 1. Section 3. Offences of polluting controlled waters etc. subsection (3) states that water pollution prohibition notices or prescribed (polluting) substances are not regulated under Part 1 for discharge from a vessel, i.e. ship, boat or yacht.

The Water Pollution act 1993 Part 2 – Deposits in the Sea is regulated by the Department of Infrastructure (DOI), which under s.17 prohibits deposit of any substance or article within the sea from a vessel or marine structure.

To offer advice and assistance, The Water Pollution Act 1993 is available here:
The Water Pollution Act 1993

The DOI, through the Harbours Act 2010 s.2, is responsible for the management, control, operation, maintenance, development and improvement of harbours and may provide facilities for vessels, goods and harbour users.

To offer advice and assistance, you may wish to contact DOI for further information.

The Water Pollution (Bathing Water Standards and Objectives) Scheme 2021 can be found here: https://www.gov.im/media/1372887/water-pollution-bathing-water-standards-and- objectives-scheme-2021.pdf

The Water Pollution (Standards and Objectives) Scheme 2020 can be found here: https://www.gov.im/media/1374858/water-pollution-standards-and-objectives- scheme-2020.pdf

Whilst there are no Environmental Protection Unit Policies directly relevant to harbours, there is a discharge licence policy which could be relevant if discharging to a harbour, which can be found here: https://www.gov.im/about-the-government/departments/environment-food-and- agriculture/environment-directorate/environmental-protection-unit/river-water-quality/

1. Any environmental or operational restrictions, obligations, or conditions placed on users or lessees of harbour areas to mitigate impact on nearby residential or conservation areas.

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. This is because the Department does not have any environmental or operational restrictions, obligations, or conditions placed on users or lessees of harbour areas to mitigate impact on nearby residential or conservation areas.

1. Any inter-departmental agreements or memoranda of understanding between DEFA and the Department of Infrastructure (DOI) regarding harbour oversight, including clarification of departmental responsibilities due to any declared or perceived conflicts of interest.

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. This is because the Department does not have any inter-departmental agreements or memoranda of understanding with the Department of Infrastructure (DOI) regarding harbour oversight, including clarification of departmental responsibilities due to any declared or perceived conflicts of interest.

However, to offer advice and assistance information relating to conditions on relevant planning approvals are available by accessing Isle of Man Government Online Services. You can view this information using either the map function or by searching the relevant application reference number here: https://services.gov.im/planning-applications/

Please quote the reference number 4772789 in any future communications. Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on:

1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or

2. Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im.

Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.