S.L. 409.13 · Recreational Diving Services (S.L. 409.13)
S.L. 409.13 Art. 2. Interpretation Cap. 409.
(1) In these regulations, unless the context otherwise requires "the Act" means the Malta Travel and Tourism Services Act; "the Authority" means the Malta Tourism Authority;
"breathing gas" means a mixture of inert gases together with a portion of oxygen which will produce a partial pressure not exceeding 1.6 Bar at the maximum operational depth; "client" means an individual or group of individuals who enter into a contract with a service provider for the provision of recreational diving services for their use; "confined water" means a swimming pool with a maximum depth of four metres or body of water that offers similar conditions; "director of diving" means a diving instructor who is approved as such by the Authority in terms of regulation 7 to take responsibility for the management and operation of the recreational diving services being offered, promoted, organised and provided by a licensee; "dive centre" means the premises from where any person or entity offers recreational diving services to clients; "dive leader" means a person who is qualified in accordance with MSA EN 14153-3 or equivalent and fulfils the requirements in regulation 9;
"dive site" means the location where diving activity takes place; "diving equipment" means equipment which includes, among others, fins, masks, snorkel, cylinder, demand regulator, alternative breathing gas source, cylinder support system and buoyancy control device including, if appropriate, a quick release weight system, submersible pressure gauge (breathing gas pressure monitor), equipment to measure depth and time and to safely limit exposure to inert gas, diving suit, if appropriate. The specific environment may require appropriate additional equipment, such as an underwater navigational aid, knife and, or cutting device; "diving instructor" means a person who is qualified in accordance with MSA EN 14413-2 or equivalent and fulfils the requirements of regulation 8; "EN" means standard developed by the European Committee for Standardization (CEN); "guided dive" means a dive where independent divers are accompanied by a dive leader or if a client is less qualified than an independent diver, by an instructor;
"independent diver" means a person who shall have at least scuba diver level certification in accordance with MSA EN 14153-2 or equivalent and is also certified to dive to at least thirty metres or twenty-one metres if younger than fifteen years old, and accompanied by an adult who holds a certification in accordance with MSA EN14153-2 or equivalent and also certified to dive to at least thirty metres; "intro dive" means an informal diving experience undertaken to introduce the client to scuba diving; "ISO" means a standard published by the International Standards Organization; "licensee" means a physical or legal person in whose name a licence to provide recreational diving services has been issued by the Authority in terms of these regulations;
"the Minister" means the Minister responsible for tourism; "minor" means any physical person who has not attained the age of eighteen years; "MSA" means a standard published by the Malta Standards Authority; "open water" means a body of water significantly larger than a swimming pool, offering typical local sea conditions; "organised dive" means a service, where each individual client shall have at least independent diver status and is taken to a dive site to participate in recreational diving;
"recreational diving services" means any or all of the following scuba diving services offered by a recreational diving service provider:
(a) training and education in recreational diving;
(b) organised and guided diving for certified divers;
(c) rental of diving equipment;
"recreational diving service provider" means a licensee, including any individual legally acting on behalf of such licensee, who offers, promotes, organises or provides any recreational diving service or services; "risk assessment" means the identification of hazards, persons who may be harmed by such hazards, and procedures to be adopted to ensure that the risk is controlled as far as is reasonably possible;
"scuba" means self-contained underwater breathing apparatus.
(2) Words and expressions used in these regulations which are also used in the Act shall, unless the context otherwise requires, have the same meaning as in the Act.