SCHEDULES

SCHEDULE 2REGULATION OF THE ESTUARY

PART 4GENERAL

Diving and underwater swimming

34

1

Subject to sub-paragraph (2), a person, other than a duly authorised employee, contractor or agent of the conservancy authority, must not swim underwater or dive in the channels without the written permission of the harbour master.

2

Sub-paragraph (1) does not apply to persons swimming underwater or diving for the purposes of undertaking repairs to recreational vessels or clearing obstructions to recreational vessels and their anchors.

3

Subject to sub-paragraph (4), the conservancy authority may only give permission to dive and swim underwater under sub-paragraph (1) to a person who is—

a

a member of a club or association which is either—

i

a registered branch of the British Sub-Aqua Club,

ii

a registered club of the Sub-Aqua Association,

iii

a Professional Association of Diving Instructors registered diving school, or

b

a member of any other recognised and competent organisation.

4

Permission for the purposes of sub-paragraph (1) may be given by the conservancy authority to a club or association mentioned in sub-paragraph (3) for the benefit of those of its members specified in the permission.

5

Any permission granted under sub-paragraph (1) may be given subject to such reasonable terms and conditions, including as to the payment of charges, as the harbour master may consider appropriate.

6

Any person diving or swimming underwater in the channels must comply with—

a

any terms and conditions that are imposed on that person, and

b

any directions given to that person,

by the harbour master.