Tourist Board (Water Sports) Regulations, 1985

TOURIST BOARD THE TOURIST BOARD ACT REGULATIONS (under section 16) THE TOURIST BOARD (WATER SPORTS) REGULATIONS, 1985 (Made by the Minister on the 12th day of December, 1985) 1. These Regulations may be cited as the Tourist Board (Water Sports) Regulations, 1985. 2. In these Regulations "board sailing" means the act of a person moving through the water by means of a craft equipped with a stabilizing fin-keel, and propelled by wind acting on a sail mounted on a univers ally jointed mast and having an elyptical boom for steering and manoeuvring; "boat" means any canoe, or undecked craft, however propelled; "employee" includes a person who performs work on behalf of a water spo1ts operator under a contract for service with that operator and "employ" shall be construed accordingly; "inspector" means a person appointed as an inspector under regu lation 34; "parasailing" means the act of a person using a device closely re sembling a parachute, which provides an aerodynamic lift to that person enabling him to glide through the air while being towed by a boat; "scuba diving" means the act of a person diving with the aid of compressed air supplied from a self-contained underwater breathing apparatus enabling him to remain under water for prolonged periods; "sunfish sailing" means the aot of a person sailing a craft having a shallow-draught hull not exceeding twelve feet in length, and a centre ,board and rudder with a fixed mast and lateen sail not exceeding forty square feet in dimension; [The inclusion of this page is authorized by L.N. 54/2000] L.N. 235/85 Amd. 11 L.N. 4/98 12 THE TOURIST BOARD (WATBR SPORTS) REGULATIONS, 1985 "vessel" means any decked vessel or craft, whatever may be its rig or tonnage and whether propelled by sail, steam or otherwise; "water-skiing" means the act of a person. whether or not equipped with floats (called skis) fastened underfoot. being towed through the water by a boat or vessel. aircraft. hydrofoil or hover-craft; "water sports services" means the business of providing water sports services to members of the public for reward; ''water sports operator" means the person who owns the business concerned with water sports services and includes the person who. in the absence of such owner, is primarily in charge of that business. PART I Licences in respect of water sports operations 3. Every application for a licence under section 23B of the Act, to provide a tourism enterprise in the category of a water sports service shall be in such form as the Board may approve and the holder of any such licence is hereinafter referred to as a licensed water spo1ts opera tor. 4.-(1) A licensed water sports operator shall not employ any other person in the provision of water sports services unless that other person is the holder of a licence granted by the Board under these Regulations (hereinafter referred to as a licensed employee). (2) The Board may, if it sees fit. exempt any person or category of persons from the requirements of paragraph (1). (3) A person shall not be granted a licence under paragraph (1) if his duties or res-ponsibilities require him to be directly involved in the water sports activities unless he (a) is skilled as a swimmer and properly trained in the procedure for rescuing and resusc.i1taitling drowning persons, and satisfies the Board of his ability to perform such duties; and (b) is the holder of a First Aid Certificate issued by an organiza tion approved of by the Board. (4) No licensed employee shall be employed (a) as a coxswain, coxswain-driver or driver. as the case may be, of any boat or vessel used in providing water sports services [fhe inclusion of this page is authorized by L.N. 54/2000] THE TOURIST BOARD (WATER SPORTS) REGULATIONS, /985 unless he possesses a valid certificate of competency issued by or approved by the Marine Board pursuant to tb.e Harbour Rules, 1971, appropriate to such duties; (b) in operations involving scuba diving, parasailing, sunfish sail ing, jet-skiing, aqua b:king, wet biking or board sailing, as the case may be, unless his licence states that the Board is satis fied that he is properly qualified ,by training and experience to carry out the duties or responsibilities to be performed by him in any such operation. 5. No boat or vessel shall be used in the provision of water sports services unless there is in fo~ce in re~pect of that boat or vessel, a li cence granted by the Marine Board und~r and in accordance with the Harbour Rules, 1971, or, if the boat or vessel is exempt under those Rules. a licence granted by the Board under these Regulations. 6. Application for a licence refer.~ed to in regulat on 4 (1) shall be in such form as the Board may approve. 7.-(1) The Board may, in its discretion, refuse to grant or renew a licence under these Regulations. (2) Where the Board decides not to grant or renew a licence under these Regulations, the Board shall, in writing, notify the person who made the application or his agent of its decision and of the right of appeal conferreii by regulation 8. (3) Where (a) it appears to the Board that the holder of a lir-,ence under these Regulations (here'nafter referred to as the rcensee) has con travened any provisions of these Regulation or of any licence granted thereunder; (b) a licensee has been convicted of an offence under the Exohange Control Act, the Board may, by notice in writing, require the licensee to show cause within such time as may be specified in the notice, why the licence should not be revoked or susoended. (4) Where (a) the licensee fails to comply with a requirement pursuant to paragraph (3) to show cause within the time specified in the [The inclusion of this page is authorized by L.N. 154/ 1986] 13 14 THE TOURIST BOARD (WATER SPORTS) REGULATIONS, 1985 notice or if the ~use shown is inadequate in the opinion of the Board; or (b) after due enquiry by the Board in respect of any allegation made against the licensee and after giving the licensee an opportunity to make representations. the Board is satisfied that the nature of the facts established consequent on the enquiry is seriously detrimental to the tourist industry, the Board may by notice in writing to the licensee suspend the licence for such period as the Board may consider necessary or desirable, or, as the case may be, revoke the licence from such date as the Board may specify. (5) All rights and privileges enjoyed under any licence that is re voked or suspended pursuant to paragraph (4) shall cease 10 have effect upon suoh revocation or for the period of suspension, as the case may be, but such revocation or suspension shall not in any way affect the liability of any person in respect of any contravention of these Regula tions or of the licence that may have occurred prior to the revocation or suspension. 8.---{l) Any person aggrieved (a) by a decision of the Board granting, refusing to gr·ant, renew ing or refusing to renew a licence; or (b) by a decision of the Board revoking or suspending a licence, may, within fifteen days of the date of service of the notification re quired under paragraph (2) of regulation 7 or within fifteen days of the receipt of the notice under paragraph (4) of that regulation, as the case may be, appeal in writing to the Tribunal appointed by the Minister under section 23E (3) of the Act: Provided that the Tribunal, upon being satisfied that owing to ab sence from the Island, sickness or other reasonable cause, the person aggrieved was prevented from appealing within such period, may ex tend the period as may be reasonable in the circumstances. (2) The provisions of subsections (2), (4) and (5) of section 23E of the Act shall mutatis mutandis apply to appeals under this regulation. (3) Every licence granted by the Board under these Regulations may be granted on such terms and subject to such conditions and for such period as the Board may specify in the licence. [The Inclusion of this page is authorized by L.N. 154/ 1986) THE TOURIST BOARD (WATER SPORTS) REGULATIONS, 1985 (4) The Board shaH cause to be kept a list of all persons to whom a licence is granted under these Regulations. Safety Regulations 9.-(1) Subject to paragraph (2), every licensed water sports opera tor shall, in relation to water sports services provided by him at any location, establish at that locat:on a First Aid Station approved by the Board, which shall be clearly identified as such. (2) Where tne Board is satisfied that a First Aid Station is suffi cient to service the operatioll'S of more than one licensed water sports operator in any part:cular area, the Board may, if it thinks fit, approve the establishment of any such station to be maintained and operated jointly by such licensed water sports operators as may be specified in the approval. (3) Every First Aid Station shall at all time5 during which water sports operations are being carried out (a) be provided with such life-saving equipment (including oxygen tanks and suitable masks as the Poard may require; (b) be operated by a person, or persons, as the case may require, suitably qualified in first aid procedures and proc•:dures for cardio-pulmonary resusc:tation. 10.-(1) Every boat or vessel used in water spans services shall be provided with such First Aid Kit and life-saving; ·equipment as the Board may approve. (2) All life-saving equipment shall be kept in first class condition and shall be on board at all times during which the boat or vessel is engaged in water sports services, and shall be stowed where i t will he most readily available in case of emergency. ' 11. Every boat o~ vess<!l shall, while engared in water sports ser vices (a) maintain, while tnivelling parallel to the shore (i) in any area reserved for swimming and marked with buoys, a distance of not less than fifty yards from such buoys; (ii) in any ot:her area, a distance of not less than one hun dred yards from the shore; [The Inclusion of thls poge is authorized by L.N. 154/ 1986] 15 16 THE TOURIST BOARD (WATER SPORTS) REGULATIONS, ;:J85 (b) maintain a distance of not less than fifty feet from objects or other boats or vessels; (c) look out for divers; (d) observe a dive flag in any area in which it is being flown and while in any such area (i) keep clear of such flag, maintaining a distance of not less than one hundred yards from the flag; (ii) travel at a speed not exceeding three knots; (e) when travelling towards the shore, and when within one hun dred yards of the shore (i) approach only at right angles to the sho:e and observe any channels marked with buoys for that purpose; and (ii) travel at a speed not exceeding three knots. 12. There shall be provided, for the use of passengers on all boats or vessels engaged in water sports services, an adequate supply of life jackets and such other life-saving devices as the Board may require. 13. No activities involving major repairs of boats or vessels engaged in water sports services or routine servicing or storage of such boats or vessels shall be carried out on any beach. 14. In the event of any boat or vessel engaged in water sports services being involved in an accident affecting persons in the water or on board the boat or vessel, the coxswain-driver of the boat or vessel shall, as soon as practicable after the accident, make a report of the circum stances of the accident to the nearest police station and to the nearest office of the Board. 15. In this Part PART II Scuba Diving "certified diver" means a person cettified as such by an interna tionally recognized scuba diving organization; "certified instructor" means a person certified by an internationally recognized scuba diving organization as having a qualification equivalent to or higher than that of full open water instructor; [The inclusion of this page is authorized by L.N. 154/ 1986] THE TOURIST BOARD (WATER SPORTS) REGULATIONS, 1985 "the Code" means the document entitled "Code of Conduct for the regulation of scuba diving" issued by the Board; "dive director" means a person certified by an internationally re cognired scuba diving organization as ~ing competent to be a full open water instructor; "internationally recognized scuba diving organization" means an organization mentioned in the Code as ,being an organizat:on responsible for the training and certification of persons in scuba diving; "scuba div~ng operations" means any scuba diving operation con ducted pursuant to a licence granted by the Board in respect of water sports services. 16. The prov;sions of the Code shall apply to all scuba diving opera tions carried out under a licence granted by the Board in respect of water sports services. 17.-(1) A dive director shall be assigned to every scuba diving op eration provided by a licensed water sports operator under these Regu lations. (2) Every dive director assigned pursuant to paragraph (1) shall comply with the rules and regulations set out in the Code and shall take such steps as may be necessary to ensure compliance with these rules and regulations. 18. Formal instructions dui~ing scuba diving operations shall be given only by a person who is a certified instructor. 19. No person shall perform duties as a d;ve leader in any scuba diving operation unless he is certified by an internationally recognized scuba diving organization as having a qualification equivalent to or higher than that of dive master. 20.-(l) There shall be kept in respect of every scuba diving opera tion, a log book (to be called a base log book) in which particulars of each day's activities shall be recorded. (2) Every base log book shall be made available at all reasonable times for inspection by an inspector. [l'he inclusion of this page is authori,ed by L. N. 154119861 17 18 THE TOURIS1 BOARD (WATER SPORTS) RE<JULATIONS, 198:, 21. -(1) The international dive flag and the red and white flag cur rently in use in North America shall be flown fo the manner specified in paragraph (2), at all times when divers are submerged. (2) Such flags shall (a) be attached to a floating buoy at the dive site; or (b) be displayed on the boat on which divers are carried while such boat is moored or anchored at the dive site. PART III Parasailing and Wat er-skiing 22. In this Part "Harbour Master" means the Harbour Master of the harbour in or nearest to the area in which parasailing or wa!er-ski ing activities are being carried out, or the deputy of such Harbour Mas ter, as the case may be. <°,' ,: 23.~(l) Every boat or vessel psed for the purpose of towing water skiers or ·parasailers shall have on boru;d at least one person (other than t!he driver) who is employed to keep watch astern on the water-skier or parasailer being towed. (2) Every such boat 01 vessel shall move in a counter clockwise rotation in the sea unless the Harbour Master approves otherwise. :'· r . 24. Every water-skier or parasailcr, as tlic case may be, shall, while away ftom shore, wear at all times an approved flotation vest. 25.-:( 1) Where a licensed water spo~ts operator intends to erect a platform for the purpose of parasailing, he shall first obtain the pt:r, mission of the Harbour Master and where appropriate, the Beach Con. trol Authority: (2) Permission granted under paragraph (1) may be granted on s~ch tetms and subject to such conditions as may be specified therein. •26.-(1) Subject to paragraph (2), all parasa]s shall take off from and land at a platform provided for that purpose. (2) Application may be made to the Heach Control Authority for the approval of take-off from or landing at a beach and such approval may be granted on such terms and sUJbject to such conditions as may be specified therein. (The Inclusion of this pa~• is authorized by L.N. 154/ 1986) THE TOURIST 110ARD (WATER SPORTS) REGULATIONS, 1985 27. No boat or vessel used for the purpose of parasailing or water skiing shall travel within one hundred yards of the shore or beach ex cept when making a direct approach to or, as the case may be, travel ling from the beach, on a line perpendicular to the beach through a marked channel. 28.--(1) App~opriate instruction as to the use of parasailing equip ment shall be given to each parasailer before he commences parasailing. (2) No person under the age of twelve years shall be permitted to participate in parasailing activities. 29. Every licensed ,vater sports operator who provides parasailing activities shall carry out a daily inspection of all equipment before use, with a view to detecting signs of deterioration, of all fabric, seams, har nesses, buckles, straps and other accessories. 30. No boat or vessel which is engaged in the towing of parasailers or water-skiers shall, while so engaged, travel in any area whioh is re served for swimming PART IV Jet-Skiing, Sunfish Sailing and Board Sailing 31.-(1) All machines used in jet-skiing activities carried out by a li censed water sports operator shall be supervised by persons who, in the opinion of the Board (a) are competent in the use and operation of such machines; (b) are skilled as swimmers and properly trained in the procedure for rescuing and resuscitating drowning persons; and (c) are holders of vali<l First Aid Certificate and are suitably qualified in the procedures for cardio-pulmonary resuscitation. (2) A licensed water sports operator shaU ensure that appropriate instruction~ as to the use of jet-ski machines used in water sports ser vices be given to each person before the machine i& used by that per son in jet-skiing. (3) A licensed water sports Qperator sball DDt pel)mit any person under the age of twelve years to particinate in jet-ilding $.Ctivities. [The inclusin11 of this pa,ie is authoTi,e4 by L.N. 154/ 19~6) 19 20 THE TOURIST BOARD (WATER SPORTS) REGULATIONS, 1985 32. The p~ovisions of regulations 23 (2), 24 and 26 shall, mutatis mutandis, a,pply to jet-skiing operations carried out by a licensed water sports operator. 33.-{1) A licensed water sports operator who provides jet-skiing, sunfish sailing or board sailing activities, as the case may be, shall pro vide in connection therewith a boat or vessel for use in rescuing and conveying to shore, any person who, while engaged in any such activity, is injured or otherwise in need of such services. (2) Every such ,boat shall be equipped w1th a First Aid Kit and such life saving equipment as the Board may specify. PART V General 34.--(1) The Board may from time to time appoint such persons as the Board considers suitable to be inspectors for the purposes of these Regulations. (2) An inspector may at any reasonable !ime enter any premises, vehicle, boat or vessel used in water sports operations, for the purpose of making such inspection or examination as in his opinion may assist in the enforcement of the provisions of these Regulations, and may seize and detain for such time and subject to such conditions as the Board may authorize, any article by means of or in relation to which he rea sonably believes any provision of these Regulations has been con travened. (3) An inspector shall be furnished by the Board with a certi ficate of appointment and on entering any premises, vehicle, boat or vessel pursuant to paragraph (2), shall, if required to do so, produce the certificate to the person in charge of the premises, vehicle, boat or vessel, as the case may be. 35, Every licensed water sports operator or every person in charge of any premises, vehicle, boat or vessel used in water sports opera tions, whenever called upon to do so by an inspector, shall produce to the inspector for inspection (a) all equipment and maohinery used by such operator in his water sports operations; [The inclusion of this page is authorized by L.N. 154/ 1986] THE TOURIST BOARD (WATER SPORTS) REGULATIONS, 1985 (b) all documents and records required to be kept by him in relation to such operations; (c) such of those documents and records as may be specified by the inspector. 36.-(1) Every licensed water sports operator shall, in relation to his water sports operations, take out a policy of insurance of such value as may be approved by the Board. (2) The policy of insurance must be a policy which (a) is issued by a person who is an authorized insurer; (b) offers specific coverage in respect of (i) accidental bodily injury (whether or not the injury is fatal) to any person other than a person who at the time of sustaining such injury is enga:ged in the ser vice of the insured; (ii) accidental damage to any property specified in sub paragraph (c), caused by or arising out of water sports operations; (c) the property mentioned in sub-paragraph (b) (ii), is any pro perty other than property (i) belonging to or held in trust by or in the custody or control of the insured or his servant or agent; (ii) being that part of any property, land or building on which the insured or his servant or agent is or has been working. Offences 37.-(1) Every person, being a licensed water sports operator, who contravenes the provisions of regulation 4, 5, 9, 10, 12 or 13 shall be guilty of an offence and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding twenty thousand dol lars and in default of payment thereof to imprisonment with or with out hard labour for a term not exceeding six months. (2) Every person who contravenes the provisions of regulation 17, 19 or 20 shall be guilty of an offence and shall be liable on sum mary conviction in a Resident Magistrate's Court to a fine not ex ceeding twenty thousand dollars and in default of payment thereof to im prisonment with or without hard labour for a term not exceeding two months. [The inclusion of this page is authorized by L.N. 54/2000) 21 THE TOURIST BOARD (WATER SPORTS) REGULATIONS, 1985 38.-(1) Every person who (a) with intent to deceive (i) forges or uses or lends or allows to be used by any other person any licence issued under section 23B of the Act or these Regulations; (ii) makes or has in his possession any document so close ly resembling such licence as to be calculated to de ceive; (b) assaults or obstructs any inspector appointed under these Re gulations acting in the performance of his functions under or pursuant to these Regulations; (c) bribes or attempts to bribe any inspector in connection with any matter arising in the performance of any of his functions under or pursuant to these Regulations; Cd) knowingly gives false or misleading information to any in spector; (e) produces or furnishes, or oauses or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular; (f) being an inspector, accepts any bribe in connection with any matter arising in the performance of any of his functions under or pursuant to these Regulations, shall be guilty of an offence and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding twenty thousand dollars and in default o.f payment thereof to imprisonme:at with or without hard labour for a term not exceeding six months. (2) If any person is guilty of any oontravention of, or non compliance with, any of the requirements of these Regulations in re spect of which no special penalty is provided, he shall for each offence be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding twenty thousand dollars and in default of payment thereof to imprisonment with or without hard laibour for a term not exceeding one month. [The inclusion of this page is authorized by L.N. 54/2000)