sec.41Restriction on number of persons diving

sec.41 Restriction on number of persons diving

If a group of divers is participating in the tourism program, the operator of the program must ensure that, in the grey nurse shark area— no more than 12 persons in the group are in the water at the same time; and for a group made up of more than 10 persons—each person in the group in excess of 10 is either a dive instructor or certified assistant for the group. Maximum penalty—20 penalty units. Subsection (1) does not apply if the operator has the chief executive’s written authority for more than 10 persons in the group, who are neither dive instructors nor certified assistants, to be in the water in the grey nurse shark area at the same time. The chief executive may give an authority mentioned in subsection (2) only if the chief executive is satisfied the proposed entry into, or use of, the area under the operator’s tourism program is consistent with the objects mentioned in section 36 . In this section— certified assistant means a person who holds a current qualification, from a recreational dive training organisation, designed to qualify the person to assist a dive instructor. dive instructor means a person who holds a current qualification, from a recreational dive training organisation, designed to qualify the person as a scuba instructor. recreational dive training organisation see the Safety in Recreational Water Activities Regulation 2024 , schedule. s 41 amd 2024 SL No. 100 s 36 (sec.41-ssec.1) If a group of divers is participating in the tourism program, the operator of the program must ensure that, in the grey nurse shark area— no more than 12 persons in the group are in the water at the same time; and for a group made up of more than 10 persons—each person in the group in excess of 10 is either a dive instructor or certified assistant for the group. Maximum penalty—20 penalty units. (sec.41-ssec.2) Subsection (1) does not apply if the operator has the chief executive’s written authority for more than 10 persons in the group, who are neither dive instructors nor certified assistants, to be in the water in the grey nurse shark area at the same time. (sec.41-ssec.3) The chief executive may give an authority mentioned in subsection (2) only if the chief executive is satisfied the proposed entry into, or use of, the area under the operator’s tourism program is consistent with the objects mentioned in section 36 . (sec.41-ssec.4) In this section— certified assistant means a person who holds a current qualification, from a recreational dive training organisation, designed to qualify the person to assist a dive instructor. dive instructor means a person who holds a current qualification, from a recreational dive training organisation, designed to qualify the person as a scuba instructor. recreational dive training organisation see the Safety in Recreational Water Activities Regulation 2024 , schedule.

• (a) no more than 12 persons in the group are in the water at the same time; and