Maltese law and the scuba diving community : a comparative study of developments and a proposed law

Abstract

The aim of this thesis is to examine the historical developments in the scuba diving industry both in Malta and abroad and some of the controversial issues that have arisen, culminating in the proposal of a law to regulate the modern scuba diving industry in Malta. Following an overview of the discovery of the aqualung, which eventually led to the advance of recreational diving on a large scale overseas and, some years later, also in Malta it considers the issues that have hampered the workings of this economically important industry on a day-to-day basis starting by questioning the justifications for the enforcing of sport diving medicals on all divers in Malta, contrary to the situation in various other countries. The second question it considers is as to whether there is sufficient reason to uphold fourteen as the minimum age for diving in Malta, if there should be a minimum diving age at all. And it also discusses the position of the various players in the industry should our courts ever be faced with a liability claim arising from a scuba incident. The thesis concludes by highlighting the various arguments in favour of a comprehensive scuba diving law for Malta, finally culminating in a draft proposal for such a law.