Scuba diving is more than just an adventure—it’s a profession that requires skill, precision, and a deep understanding of maritime laws and environmental conservation. Few know this better than one of our directors, Alistair Downing, a NAUI-certified scuba diving instructor with over 30 years of experience. From training new divers to exploring historic wrecks and navigating the legal challenges of underwater exploration, Alistair has seen it all.
In this interview, we dive into his experiences, discussing the evolving world of diving and the challenges divers face in today’s regulated maritime landscape. From shipwrecks to marine conservation laws, we explore how diving and maritime law intersect beneath the surface.
Let’s dive in! 🐠⚖️
What inspired you to become a scuba diving instructor?
My love of the ocean, the ability to breathe underwater and my fascination with shipwrecks.
What marine creature is most likely to file a harassment charge against divers?
Shy sharks. Divers tend to harass them by picking them up, as they then curl themselves up as part of their defence mechanism.
How has the industry evolved over the past three decades?
The amount of dive clubs operating in and around Cape Town has decreased dramatically over the years. The recreational scuba diving industry has also been over regulated (under the guise of attempting to regulate abalone poaching) to the point that this has infringed on legitimate operators whilst the poaching of abalone continues unabated.
Wreck diving: epic adventure or legal nightmare?
Wreck diving for the win! With the proper training, skills and appreciation for historical and legal issues related to a wreck, wreck diving is particularly rewarding. Not only can one consider and appreciate the past history of the vessel and her voyages, but you have the added benefit of the marine life that the wreck attracts.
From a legal perspective, what are some of the biggest compliance challenges recreational divers face?
For recreational scuba diving schools and/or operators, it would be compliance with various Regulations pertaining to Marine Protected Areas (“MPA”). Scuba diving is a non-consumptive sport, yet the various laws applicable to legitimate scuba diving operations is far more onerous than many any consumptive users. Scuba diving operators are essentially the only group of non-consumptive users that are required to operate under certain permit conditions when conducting business in a MPA, notwithstanding the fact that there are numerous other non-consumptive industries that operate businesses in MPA without any form of regulation by the management authority of those MPA’s.
If you could write one new maritime regulation, what would it be?
A regulation to revoke the ‘dive ban’ areas implemented in terms of the Regulations for the Protection of Wild Abalone (Haliotis) published under Government Notice R62 in Government Gazette 30716, dated 1 February 2008 in terms of subsections (1)(b) and (2)(y) of section 77 of the Marine Living Resources Act 18 of 1998.
Have you ever had a “that’s not supposed to be there” moment while diving? (Lost cargo, weird wreckage, something suspicious?)
Seeing numerous Cape Conger eels on the wreck of the SAS Fleur in False bay. These eels are usually found in inshore waters, estuaries and fairly shallow rocky reefs, but I have sighted these eels on many occasions on this wreck in depths of 36-38m, which is apparently quite deep for them to be found in.
What are the biggest legal risks divers face— Liability? Salvage disputes? Unintentional trespassing?
Fortunately legal risks facing individual divers are quite low. Recreational scuba diving schools and/or operators however face far higher risks, in that their activities by their very nature – teaching and/or taking people underwater and into a medium in which you cannot breathe normally – attract far more risk. In the event of a diving accident, this could entail a recreational scuba diving school and/or operator being sued for damages as a result of injuries sustained by their client (or their death) and damages to or loss of diving equipment.
What’s the number one rule of diving that people break the most—and how often do they regret it?
Divers diving beyond their training and skills level. Given the frequency with which it occurs, it appears that most ‘repeat offenders’ don’t regret it at all, as they keep on failing to adhere to the generally accepted protocols and/or standards of diving.
What’s your best piece of advice for divers who want to explore legally restricted waters—without breaking the law?
Do your research before embarking on any dive expedition. Make timeous application to the relevant authority for a permit to undertake your diving operations. In the event that you cannot obtain a permit, rather avoid that area, as the consequences for breaking the law can be quite severe, including the seizure (and possible ultimate forfeiture to the State) of your diving equipment, dive boat and towing vehicle.
To View the Full Interview Head to Our LinkedIn page – https://www.linkedin.com/feed/update/urn:li:activity:7303394720628547584
For Any Questions Please Do Not Hesitate to Contact Our Office.