Safety in Recreational Water Activities Regulation 2024 (Qld)

Safety in Recreational Water Activities Regulation 2024

Part 1 Preliminary

Division 1 General

1 Short title This regulation may be cited as the Safety in Recreational Water Activities Regulation 2024.

2 Commencement This regulation commences on 1 August 2024.

3 Application of regulation (1) This regulation states the way in which the duty of care imposed on a dive operator under the Act, section 16 is to be performed in relation to the matters, and to the extent, stated in this regulation. (2) This regulation also imposes duties on persons other than a dive operator. (3) A duty imposed on a person under this regulation in relation to health and safety does not limit or affect any duty that person has under the Act or, unless otherwise expressly provided, another provision of this regulation.

Division 2 Interpretation

4 Definitions The dictionary in the schedule defines particular words used in this regulation.

5 Who is a dive operator A dive operator is a person who conducts a business or undertaking that provides any of the following as recreational water activities— (a) recreational diving; (b) recreational technical diving; (c) recreational snorkelling.

6 Meaning of recreational diving , recreational technical diving and recreational snorkelling (1) Recreational diving is underwater diving for recreation using compressed air other than decompression diving. (2) Recreational technical diving is underwater diving for recreation if— (a) EANx or mixed gas is used; or (b) it is decompression diving using compressed air or other gas. (3) Recreational snorkelling is— (a) free diving; or (b) swimming for recreation using a snorkel and mask. (4) However, recreational diving, recreational technical diving and recreational snorkelling do not include diving or snorkelling in a swimming pool. (5) In this section— decompression diving means diving that requires a diver to take a planned stop during the final ascent to decompress.