| MINISTRY OF MARITIME AFFAIRS - TRANSPORT AND COMMUNICATIONS |
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In accordance to the article 1043, paragraph 38, of the Maritime Code (Official Gazette No. 17/94, 74/94 and 43/96), the Minister of Maritime Affairs, Transport, and Communications hereby proclaims the following
REGULATION ON DIVING
Article 1 This Regulation will govern the conditions for diving for recreation and sport in the internal and territorial waters of the Republic of Croatia. Diving is defined as any stay of an individual under sea surface conditioned on technical possibilities of diving equipment for supply with under-surface breathing agent (diving with diving equipment).
Article 2 In this Regulation, diving with divingequipment is: - diving for sport and recreation - underwater photographing and filming for personal needs - underwater competitions - diving training. The underwater use of photo and film cameras operated from the surface is not regarded as diving in the sense of this Regulation.
Article 3 Diving equipment may be autonomous diving equipment, dependent diving equipment, and technical expedients for diving. Autonomous diving equipment, according to this Regulation, is a set of pressed oxygen or air containers, or of another mixture of breathing gases, under-surface breathing devices carried by a diver, as well as navigability compensation devices and diving measuring instruments. Dependent diving equipment is such diving equipment at which breathing mixture is supplied from the surface, and the diving is connected with the surface with pipes and cables. Technical expedients for diving are all the other devices used for movement or stay undersea with human crew.
Article 4 The area at which diving is performed must be visibly marked. Marking is performed by placing in the center of diving area an orange or red buoy of at least 30 cm diameter or a diving flag (an orange rectangle with a white diagonal line or a maritime A letter flag of the International Signal Code or a highly hoisted diving flag on a vessel from which diving is performed). By night, the buoy must contain a yellow or white flashing light, visible at the distance of at least 300 meters. The person performing diving activities will be responsible to mark the diving area in case of diving for sport and recreation as well as for underwater photographing and filming for personal needs. In the case of underwater competitions, marking of the diving area will be performed in accordance to the conditions as set out in the consent issued by the authorized harbormaster's office as regards navigation safety in accordance to the article 7 hereof, and the body organizing competition will be responsible for adequate marking. In the case of diving training, a person training others will be responsible for marking the diving area.
Article 5 Croatian citizens as well as foreign nationals may perform diving activities only if they hold a valid diver's card. Diver's cards will be issued by the Croatian Diving Federation. Diver's cards will be valid for a year following the issue date. Diver's cards will be issued only to persons with adequate diving qualifications, acknowledged by the Ministry of Education and Sport. Diver's cards will contain information and be printed on such form as provided in the Appendix 1 forming an integral part of this Regulation. Along with a diver's card, the Croatian Diving Federation must ensure that each person to whom a diver's card is issued is informed on such locations at which diving is prohibited, locations at which only organized diving is permitted, important telephone numbers in the case of diving accidents, as well as other important information regarding diving conditions as governed by this Regulation or any other laws and regulations.
Article 6 Diving training may be performed based on a program approved by the Ministry of Education and Sport. A training course will be reported in written to the Croatian Diving Federation. In the course of practical training in the sea, diving instructor must have a list of course participants certified with a stamp of the institution within which the training is organized, a copy of the application to the Croatian Diving Federation authorized by the Federation, as well as approval by the competent harbormaster's office regarding navigation safety.
Article 7 Sport competitions may be performed only with a previous consent by the harbormaster's office. Application for consent may be submitted to the harbormaster's office at latest eight days before the beginning of a competition. The harbormaster's office consent will contain steps to be taken in the course of sport competition.
Article 8 A fee for the issue of a diver's card in the Republic of Croatia will amount to Kuna 100. The Croatian Diving Federation must report in written to the Ministry of Maritime Affairs, Transport, and Communications in January every year on the number of issued diver's cards in the preceding year. The report by the Croatian Diving Federation will be accompanied by the Proposal for Allocation of Funds Collected by the Issue of Diver's Cards The amount to be allocated for specific purposes will be 60% net of the amount mentioned on the diver's card. After a written consent by the Ministry, the funds will be allocated exclusively for the improvement of security of navigation and diving, for advancement of the service for injured divers, protection of cultural and natural undersea heritage, as well as promotion of diving in Croatia.
Article 9 The maximum approved depth for diving for sport and recreation is 40 meters.
Article 10 Diving is not permitted at the following locations: a) in the areas of internal sea waters encompassing harbors, accesses to harbors, anchorage, and the areas of heavy traffic; b) in the areas of internal sea waters and territorial sea of the Republic of Croatia in which diving is regulated by special regulations or by a decree of a competent authority; c) in strict and special sea reserves, natural parks, and other protected sea and undersea areas (such as the Mali Ston Bay, Lima Bay, Telašćica Natural Park, and alike); d) in Brijuni, Kornati, Krka and Mljet national parks; e) near anchored warships and protected military facilities at the coastal edge at a distance of less than 100 meters. Exceptionally, a permit for diving in the areas mentioned in the paragraph 1 of this article will be issued by the following authorities: - for a): a harbormaster's office in charge for the territory; - for b): a government agency that issued the regulation or decree; - for c) and d): Government Agency for Environment Protection, under such conditions as stipulated in environment protection legislation; - for e): Ministry of Defense of the Republic of Croatia. The diving permits as mentioned in the paragraph 2 of this article must be reported to the Ministry of Interior and the Ministry of Maritime Affairs, Transport, and Communications.
Article 11 Diving is permitted only with a previously obtained permit by a competent authority in the following areas of the internal sea waters and territorial sea of the Republic of Croatia: VIS ZONE, area bordered with the following coordinates: A - Š = 42°55'00'' N D = 15°40'00'' E B - Š = 42°55'00'' N D = 16°20'00'' E C - Š = 43°08'00'' N D = 15°40'00'' E D - Š = 43°08'00'' N D = 16°20'00'' E (encompassing the islands of Vis, Biševo, Svetac and Brusnik with all the appertaining reefs and shoals).
LASTOVO ZONE, area bordered with the following coordinates: A - Š = 42°40'00'' N D = 16°27'00'' E B - Š = 42°40'00'' N D = 17°10'00'' E C - Š = 42°49'00'' N D = 16°27'00'' E D - Š = 42°49'00'' N D = 17°10'00'' E (encompassing the islands of Sušac, Kopište, Lastovo, groups of islands of Donji Školji and Vrhovnjaci, with all the appertaining reefs and shoals). PALAGRUŽA ZONE, area bordered with the following coordinates: A - Š = 42°22'00'' N D = 16°14'00'' E B - Š = 42°22'00'' N D = 16°21'00'' E C - Š = 42°24'00'' N D = 16°14'00'' E D - Š = 42°24'00'' N D = 16°21'00'' E (encompassing all the islands of the island group with all the appertaining reefs and shoals). MLJET ZONE Encompasses the 300 meters wide sea zone from the coast of island as well as all the other small islands and cliffs in the zone 2000 meters from the coast of island. JABUKA ZONE 300 meters wide sea zone around the island including Jabuka shoal. PREMUDA AREA - Szent Istvan ship wreck 300 meters wide sea zone around the position of 44°14'88'' N and 14°26'26'' E. NOVIGRAD AREA - Coriolanus ship wreck 300 meters wide sea zone around the position of 45°19'09'' N and 13°25'25'' E. SV. IVAN NA PUČINI AREA - Baron Gautsch ship wreck 300 meters wide sea zone around the position of 44°56'25'' N and 13°34'43'' E. PELJEŠAC AREA - S-57 ship wreck 300 meters wide sea zone around the position of 42°51'20'' N and 17°30'00'' E. ŽIRJE AREA 300 meters wide sea zone around the position of 43°40'00'' N and 15°40'15'' E. CAVTAT AREA 300 meters wide sea zone around the position of 42°35'45'' N and 18°12'30'' E. A permit for diving in such zones as mentioned in the paragraph 1 of this article will be issued by the Ministry of Culture. The Ministry of Culture will inform the Ministry of Interior and the Ministry of Maritime Affairs, Transport and Communications on all the permits issued.
Article 12 Diving activities regulated by this Regulation will be supervised by the diving supervisors appointed by the Ministry of Education and Sport. Exceptionally, in national parks and natural parks, diving activities will be supervised by the authorized official persons according to the regulations governing environment protection. The supervisors are obligated to inform the nearest harbormaster's office or police station on any irregularity observed and to submit a report to the Ministry of Education and Sport.
PENALTY CLAUSES Article 13 A legal entity will be fined in the amount of Kuna 3,000 to 15,000 in the following cases: 1) if it fails to mark the diving location or if it marks it in an inadequate way (article 4); 2) if it organizes a sport competition without a consent by the harbormaster's office (article 7); 3) if it organizes a sport competition on prohibited locations without permit (articles 10 and 11). For any offense from the paragraph 1 of this article, a person responsible in the legal entity will be fined in the amount from Kuna 2,000 to 5,000. Article 14 A natural person will be fined in the amount of Kuna 1,000 to 4,000 for a maritime offense in the following cases: - if diving without a valid diver's card (article 5); - if diving at depths exceeding the maximum approved depth for diving for sport and recreation (article 9).
Article 15 A natural person will be fined in the amount of Kuna 2,000 to 5,000 if diving in prohibited zones without a permit (articles 10 and 11). Article 16 A natural person will be fined in the amount of Kuna 500 for maritime offenses from the articles 14 and 15 hereof at the location of the offense. TRANSITIONAL AND FINAL PROVISIONS Article 17 As of the date of taking effect hereof, this Regulation will replace the preceding Regulation on Diving of September 29, 1995 (Official Gazette No. 91/95). Diving applications certified by harbormaster's offices in accordance to the Regulation on Diving of September 29, 1995 (Official Gazette No. 91/95) will be valid until their expiry dates. The Croatian Diving Federation member cards issued until the date of taking effect hereof in accordance to the Regulation on Diving of September 29, 1995 (Official Gazette No. 91/95) will be valid until December 31, 1999. As of the date of taking effect hereof, the Croatian Diving Federation member cards will no longer be valid as diving applications. This Regulation will take effect on the eighth day of its publication in the Official Gazette. Class: 011-01/99-01/30 No. 530-01-99-4 Zagreb, May 3, 1999 Željko Lužavec, M.Sc. Minister of Maritime Affairs, Transport, and Communications APPENDIX 1 A diver's card will be printed in two languages on a blue paper of 87 x 57 mm, and will contain the following information: - the Republic of Croatia coat of arms in colors; - the Croatian Diving Federation logo; - date of issue and date of expiry; - information on its price; - each diver's card must have its serial number; - information on the holder (name, address, ID number or passport No.); - brevet number and issuer: - issuer's stamp and signature. The card will be in plastic envelope provided by the Croatian Diving Federation.
CROATIAN DIVING FEDERATIONDalmatinska 12 tel: +385 (0)1/48 48 765 10 000 Zagreb tel: +385 (0)1 48 47 582 E-mail: hrscdf@zg.tel.hr HRVATSKA fax +385 (0)1 48 49 119 Web: http://www.diving-hrs.hr |