Adventure Activities
Authority
The Adventure Activities Standards Authority Act 2000 provided for the establishment of the Independent Adventure Activities Standards Authority, procedural aspects of the Authority’s operation, mandatory codes of practice, implementation by the Authority of a mandatory regulatory scheme, including circumstances under which it may direct suspension or cessation of particular activities in relation to non-compliance.
The functions of the Authority are as follows:
- promote, encourage, foster and facilitate activities and measures directed towards safe operation of adventure activities,
- administer schemes, grants and other financial facilities for the promotion, encouragement, facilitation and regulation of safe operation of adventure activities that may be authorised by the Minister with the consent of the Minister for Finance,
- advise the Minister in relation to any matter.
Governance
There is provision for a director of the Authority and his terms of office are set out. Members of the staff may be appointed and their remuneration is subject to the consent of the Minister with the consent of the Minister for Finance. There is provision for a superannuation scheme.
The Minister for the Marine and Natural Resources may give a direction to the Authority in writing on policy generally or on a report or information supplied
The Authority is to have 15 members consisting of independent chairperson appointed by the Minister, nominees and various other Ministers, the HSA and from recognised national governing bodies from adventure activities and four nominees from adventure activity operators, one staff representative.
They are to have the requisite knowledge, skills and experience as the Minister considers appropriate for the membership of the Authority.
Activities Covered
The Authority must establish a register of all adventure activity operators. It is a mandatory requirement for any operator to register as such in respect of activity in order to carry out that activity.
Adventure activities comprise 13 activities specified in the legislation which may be refined or amended by later legislations. They include the following:
- hill hiking
- hill walking in areas of more than 300m above sea level
- caving,
- dinghy sailing,
- kayaking,
- canoeing,
- surfing with surfboards,
- wind surfing,
- scuba diving,
- snorkelling,
- abseiling,
- archery and
- rock climbing.
Investigations
Provision is made for investigation of accidents, instances or occurrences or other matters relating to the subject matter and the production of a special report. The investigation is to be conducted solely to establish the cause of such accidents, the adequacy of codes of practise published or approved under the legislation with a view to recommending changes where appropriate. It is not for the purpose of attributing fault or blame.  The Authority shall publish such special reports.
Investigations at places of work and in Irish waters may be undertaken with the consent of the Minister of any other and any other appropriate Minister.
Any person whose reputation might be adversely affected by publication of a report should be given sight of the draft report confidentially, together with a right of reply. The right of reply must be published in an appendix to the special report unless the person request that it is not published.
There is provision for a tribunal of inquiry and the conduct of an inquiry by the Authority with the consent of the Minister as considers it necessary. The Authority may make charges for its services.
Codes & Regulatory Schemes
The Authority may develop codes of practise for the safe operation of each adventure activity. They shall be published after consultation with the Minister for the Marine and Natural Resources and other relevant bodies. The code shall be mandatory for adventure activity operators.
The Authority may implement a mandatory regulatory scheme including carrying out of inspections on behalf of the Authority. It may provide for the circumstances in which the Authority may direct the suspension or cessation of a specified activity or the removal of an operator from the register of operators.