Dive operators fight crackdown in court

PHUKET: -- Dive operators opposing the new regulations that went into effect October 1 have taken their fight to the Administrative Court, where they are challenging the legality of the new regulations.

Pragon Geatgun, Vice-President of the Thai Diving Association (TDA), told the Gazette on Tuesday that the TDA was representing about 60 dive operators in Phuket who have lodged a petition with the Administrative Court in Nakhon Sri Thammarat.

“We filed the petition in the Administrative Court in the middle of September because, while we agree with the spirit of the regulations [to protect the environment], we can’t follow all of the requirements. The requested information makes the operators unhappy and feeling as if the province is infringing on their rights,” he said.

“We are awaiting a judgment from the court, which we believe should order that the regulations be rescinded. In the meantime, we have told our members they are free to register [as required by the new regulations] if they want,” he added.

Phuket Provincial Chief Administrative Officer (Palad) Nivit Aroonrat acknowledged having received a notice from the Administrative Court. Provincial lawyers will defend the new regulations at a court hearing scheduled for this month, he said.

Surin Theerakulpisut, Chief of the Phuket Marine Office, told the Gazette that about 40 dive operators have registered their businesses at his office.

“We are still open for registrations, although now it is actually time to begin processing applications. However, we continue to accept registrations without assessing any fines [for being past the official deadline],” he said.

There is no application fee, he added.

--Phuket Gazette 2006-10-11

Seems to me that if 40 dive operators can manage to register, then why can't the other 60?

They say that 'they can't follow all the requirements'. What does that mean? Maybe can't (won't) issue WPs, pay taxes etc etc...

Simon

its not as clear cut as you would think, thats why they are challenging it in court.

has little to do with wp's etc

Forgive my ignorance (I've been away), but what requirements are the dive operators objecting to, and does failing to register (?) make any difference?

At the moment the regulations have been put on hold.................

see below

Dear Diving Industry, Phuket, 12. October 2006

please be informed, that today, the 12. October 2006 the official court hearing

according to the "new diving regulations" (for Phuket) took place at 10 am in

Nakorn Si Tamarath main court.

TDA as well as government representatives had the chance to discuss with the

responsible judge all matters according to the "new diving regulations".

Based on the court hearing today with the responsible judge and with the TDA

lawyers, the TDA is herby informing it's members and all others officially, that

it is not against the law not to sign-up at the marine office, as this

regulations will be postponed.

The official letter from the court will be delivered within days to the

governor’s office, as well as to the TDA.

So please tell what are the reasons why the dive companies will not sign up....

Simon