Diving urgently needs to be regulated

Photo: 123rf

“SCUBA diving a safe activity when risks are managed” is a letter I wrote that was published in The Star on March 28 (online at bit.ly/4b4yvjm). I was responding to two scuba diving incidents in Malaysia that caused a stir among recreational scuba divers and the industry.

Sadly, another scuba death occurred recently off Pulau Tioman. She was a licensed diver who died from arterial gas embolism after separating from her group at a depth of 17.6m.

This tragic incident highlights the importance of having federal scuba diving legislation in Malaysia. Surprisingly, there is no comprehensive federal legislation that governs recreational scuba diving. This industry is self-regulated by international training agencies and state enactments such as in Sabah.

Currently, dive operators in Malaysia can apply for a Tour Operating Business and Travel Agency Business licence with the Tourism, Arts and Culture Ministry.

This license requires the dive operator to be a certified dive master or dive instructor that has been accredited by internationally recognised diving organisations such as Padi (Professional Association of Diving Instructors), SSI (Scuba Schools International), CMAS (Confédération Mondiale des Activités Subaquatiques, or World Underwater Federation) or NAUI Worldwide (National Association of Underwater Instructors). While the government regulates licensing, scuba certifications themselves are issued by the aforementioned international diving agencies.

The certified dive masters and instructors train new scuba divers by using the modules developed by those agencies. These modules include theory, confined water training, and open water dives. Thus, a newly qualified scuba diver receives certification that he/she has completed the required training to dive safely within the defined limits.

Dive operators in Malaysia conduct dive packages that include scuba diving activities led by dive masters or instructors as well as providing food and accommodation. The international diving agencies do not oversee the daily operations of the dive centres. They are neither regulators nor authorities with resources to monitor every dive centre.

The lack of federal legislation creates an absence of standardised regulations, no mandatory national registries, no legal penalties for negligence, and no federal enforcements regarding equipment maintenance and standard of training. When diving accidents or deaths occur, authorities may struggle to prosecute negligent parties due to lack of specific statutory provisions.

There is an urgent need for the government to engage with all the stakeholders in the scuba diving industry to get feedback on developing a comprehensive set of regulations that ensure safety and confidence among the public. Such legislation will protect international and domestic tourists, promote Malaysia as a reputable scuba diving destination, and help preserve our marine heritage for generations to come when tourists feel safe to visit our waters.

DR AZUZAY ZAMANI

Ampang, Selangor