sec.16Primary duty of care

### sec.16 Primary duty of care A person conducting a business or undertaking that provides recreational water activities must ensure, so far as is reasonably practicable, that the health and safety of persons for whom the activities are provided are not put at risk by the provision of the recreational water activity. Without limiting subsection (1) , a person conducting a business or undertaking that provides recreational water activities must ensure, so far as is reasonably practicable— the provision and maintenance of safe plant and structures; and the safe use, handling and storage of plant, structures and substances; and the provision of any information, training, instruction or supervision that is necessary to protect persons for whom the activities are provided from risks to their health and safety arising from the provision of the activities; and that persons and conditions at a place where recreational water activities are provided are monitored for the purpose of preventing illness or injury of persons for whom the activities are provided. (sec.16-ssec.1) A person conducting a business or undertaking that provides recreational water activities must ensure, so far as is reasonably practicable, that the health and safety of persons for whom the activities are provided are not put at risk by the provision of the recreational water activity. (sec.16-ssec.2) Without limiting subsection (1) , a person conducting a business or undertaking that provides recreational water activities must ensure, so far as is reasonably practicable— the provision and maintenance of safe plant and structures; and the safe use, handling and storage of plant, structures and substances; and the provision of any information, training, instruction or supervision that is necessary to protect persons for whom the activities are provided from risks to their health and safety arising from the provision of the activities; and that persons and conditions at a place where recreational water activities are provided are monitored for the purpose of preventing illness or injury of persons for whom the activities are provided. - (a) the provision and maintenance of safe plant and structures; and - (b) the safe use, handling and storage of plant, structures and substances; and - (c) the provision of any information, training, instruction or supervision that is necessary to protect persons for whom the activities are provided from risks to their health and safety arising from the provision of the activities; and - (d) that persons and conditions at a place where recreational water activities are provided are monitored for the purpose of preventing illness or injury of persons for whom the activities are provided.