Cave Diving Management in the Lower South East - South Australia
The water-filled karst sites of the Lower South East of South Australia are unique and have long held a fascination for people. With the advent of scuba diving equipment, increased disposable income and increased leisure time large numbers of adventurers are diving in these sites regularly. The challenge for land managers has been to provide access for this potentially dangerous activity while protecting the environment from damage and themselves from litigation in case of accidents. This paper will provide an overview of the management system and the liaison process between users and National Parks and Wildlife South Australia (NPW SA), a section of the Department for Environment Heritage and Aboriginal Affairs (DEHAA).
Early diving use
In the late 1960s the first divers began to explore the underwater realms of Mount Gambier. The sport of scuba diving in the oceans was still in its infancy and these early divers soon found that diving in freshwater presented its own set of difficulties.
The physical nature of the sites, the deep, dark, cold water, narrow entrance tunnels, fine easily disturbed silts and easily accessed depths soon took their toll and a number of divers lost their life. Nitrogen narcosis, underestimating air consumption associated with deep diving, stirring up of fine sediments reducing visibility to nil resulting in divers being unable to find cave exits were contributing factors.
In the period from 1969 to 1984 13 fatalities occurred in various sinkholes and caves. As a result of 4 people diving in the shaft in 1973 the Cave Diving Association of Australia (CDAA) was formed. The CDAA is a membership based organisation that sets standards for diving in freshwater sites, has developed training techniques and rated diving sites according to physical attributes.
Since the formation of the CDAA there have been 3 deaths, unfortunately all in Piccaninnie Ponds CP. These divers were all diving outside the CDAA standards. There have also been several near miss incidents. The cave diving community, for fear of repercussions, generally keeps these quiet from landowners and CDAA.
Liaison process
CDAA did not evolve in isolation. Landowners and managers had a vested interest in how the association was developing. After the last deaths in 1984, and as the result of a coronial inquest, a Sinkhole Review Committee was formed.
This group was chaired by the Department of Recreation and Sport and consisted of landowners and managers, a SA Police STAR force member, local South East Scuba Dive club representative and a CEGSA representative. The Review Committee expressed concern about the direction that the CDAA was taking and how it was operating. The association was fragmented with divers from Victoria and South Australia at loggerheads; regulations were being changed and often totally disregarded and there were problems with training and testing. This Review Committee was actively involved in setting standards and operating procedures for CDAA. The committee continued until it lapsed in 1991. In 1993 it was resurrected.
With the introduction of new diving technologies in the past five years the committee has taken a different approach to liaison with the CDAA. The recently restructured CDAA /Landowner Liaison Forum has a new set of terms of reference that recognises the forum as vehicle for communication with the CDAA while allowing the CCDAA to develop and implement their own standards (Appendix 1). It recognises the CDAA as the people in the best position to determine their own diving standards. This places the onus on the CDAA to manage and regulate their affairs. The forum's input is in relation to access requirements, reduction of liability and protection of the environment.
This is a significant shift away from the period when the Review Committee undertook to dictate standards to the CDAA therefore exposing the Committee members to possible liability. The members of the Landowner Liaison Forum are not diving experts, with the exception of the SA Police Water Response Section representative. With the introduction of diving breathing mixes other than air, the ability to understand the complexities of partial pressures of oxygen and its affect on the human body at various depths is difficult enough for the average diver let alone a landowner that has a very limited understanding of the sport.
In conjunction with this change NPW SA has worked with the CDAA on formalising the access agreement between the two organisations. Since the inception of CDAA there has been a verbal agreement or understanding that the only divers allowed access to NPW SA managed diving sites will be correctly certified, current financial members of the CDAA or those holding temporary cards issued by CDAA.
The agreement was finalised and signed by the Minister for Environment Heritage and CDAA in 1998 and sets out the terms and conditions by which members can access the various dive sites, indemnifies the Minister and stipulates the CDAA have $10 million in liability insurance cover.
The close and productive working relationship that NPW SA and CDAA have has enabled the initiation of this agreement to satisfaction of both parties. The value of the liaison forum as a venue for open and productive communication as part of this process cannot be overstated.
NPW SA Management System
There are five diving sites managed by NPW SA in the Mount Gambier area. Gouldens Waterhole, Sisters Sinkhole and Fossil Cave are Crown Land Reserves. This does not afford them a great deal of protection. Fossil Cave is registered on the National Estate. Piccaninnie Ponds and Ewens Ponds are Conservation Parks and are protected under the National Parks & Wildlife Act.
The access system for these dive sites is as follows:
Gouldens Waterhole, Sisters Sinkhole, Fossil Cave.
Diver signs indemnity/permit and lodges it at the DEHAA office in Mt Gambier.
Diver notifies DEHAA of date of dive.
DEHAA checks divers' CDAA rating and financial status
Issues permit
Piccaninnie Ponds CP
Diver signs indemnity/permit and lodges it at the DEHAA office in Mt Gambier (Appendix 2).
Diver requests date and time
DEHAA checks diver's CDAA rating and financial status.
Diver pays fee
DEHAA issues permit.
DEHAA allocates time slot.
At Piccaninnie Ponds divers and snorkellers are only allowed to enter the water if they have a permit and at set times. The time slots are for an hour with a two-hour period in between when no access is allowed. There is a minimum of 2 and maximum of 4 divers and 4 snorkellers in any slot.
Snorkellers are not to wear weight belts, this reduces impact on pond environment and stops snorkellers entering cave.
Fees are only charged at Piccaninnie Ponds CP and are soon to be introduced at Ewens Ponds CP. The fee covers costs associated with monitoring the environmental impact of diving and snorkelling and for infrastructure such as toilets and boardwalks.
Ewens Ponds CP
Ewens Ponds CP is not classified under the CDAA system and is open to all open water qualified divers. Presently there is no formal system in place managing access. The amended Management Plan for Ewens Ponds CP has recently been released and it contains a range of measures to manage access. Open water divers will continue to be allowed access, but permits will be required. The permit system has been developed in consultation with a range of people from the recreational diving industry and user groups. This group met before work started on the management plan and put forward a system that was acceptable to all parties involved.
Conclusion
In conclusion the management systems in place have been developed through close links with the user groups and are designed to protect the environment and the individual through provision of adequate training and indemnify the minister against liability in the event of a an accident while continuing to allow access.
Appendix 1
CDAA/LANDOWNERS LIAISON FORUM
A. PURPOSES OF FORUM
The liaison forum will provide an opportunity for the discussion of issues relating to the sport of cave diving and for the ongoing communication between the Cave Divers Association of Australia and the Landowners in the South East of South Australia (upon which whose land dive sites are located).
B. AIMS OF FORUM
The liaison forum will attempt to meet the following aims:
(1) to protect Landowners and the managers thereof from liability as a consequence of permitting members of the CDAA to access their property for the sport of cave diving.(2) to protect the karst environment of sinkholes and caves from damage, over use and/or misuse.
(3) to aid the CDAA:
in its processes of promoting and enforcing safe practices and procedures of its members.
in its development of safety standards and the implementation of those standards.(4) to co-ordinate the management of dive sites (sinkholes and caves) for the mutual benefit of the CDAA (and its Members) and the Landowners.
(5) to provide a forum for the ongoing and developing communication necessary between the CDAA, Landowners and other interested parties.
(6) to provide a forum for Landowners to raise matters of issue with the CDAA.
(7) to provide a forum for CDAA to raise matters of issue with the Landowners.
C. TERMS OF REFERENCE OF FORUM
The liaison forum has the following terms of reference to generally guide its works as the "communication channel" for official business between the CDAA and Landowners:
(1) to be satisfied that the CDAA has and is utilising the best and most appropriate practices to develop procedures and processes for the sport of cave diving when determining diving standards for its Members.
(2) to be satisfied that the CDAA has and is utilising the best and most appropriate practices and processes when determining the proper standards of access and levels for each sinkhole.
(3) to assist in the development, with Landowners, of a coordinated approach to dive site management including access thereto and therein.
(4) to assist South Australian Police and other emergency services in the provision of information (that is known to the liaison forum) for search, rescue and recovery operations at any applicable dive site.
(5) the role of the representative from STAR Division Water Response Section will be to provide expert opinion and to assist and advise the forum (particularly the landowners) in matters relating to diving practices.
(6) to assist Landowners in the development and understanding of any legal requirements that need to be recognised by any Landowner and the CDAA and review the adequacy of any relevant legal issues as same may effect either party.
D. COMPOSITION OF FORUM
For the proper and adequate management of the forum, the persons
or groups who should be formally represented thereon would include:
LANDOWNERS
(1) representation from:
Personnel Role Primary Industries (SA) Forestry Site manager Local Government Site manager Department of Environment and Natural Resource Site manager, environmental protection STAR Division Water Response Section Site manager, diving expert and adviser to the Landowners CAVE DIVERS ASSOCIATION OF AUSTRALIA
(2) up to three (3) persons from the CDAA being Directors or Executives of the CDAA.
(3) the locally appointed South East representative of the CDAA.
PRIVATE LANDOWNER
(4) private individual or individuals who have a dive site on their land.
OTHERS
(5) a representative from the Cave Exploration Group of SA as required.
E. FUNCTIONS OF FORUM
The forum will generally:
(1) meet at least twice a year.
(2) discuss on a regular basis any intended modifications to site access/management of any dive site.
(3) the Presiding Member of the forum shall be determined/appointed from the Landowner representatives Membership only and the person appointed will be responsible for the preparation of minutes of forum meetings.
(4) the CDAA shall be responsible for the distribution of agenda and minutes of forum meetings to landowners not represented on the forum.
(5) assist in the development of a Memorandum of Understanding or agreement between the CDAA and any individual landowner regarding access to any dive site.
Appendix 2
DEPARTMENT FOR ENVIRONMENT, HERITAGE AND ABORIGINAL AFFAIRS
CAVE DIVING PERMIT AND INDEMNITY
SURNAME: ...............................................................................................................................................................
CHRISTIAN NAME: .................................................................................................................................................
RESIDENTIAL ADDRESS: .....................................................................................................................................
...................................................................................................................................................................................
.............................................................................POSTCODE:...............................................................................
PHONE: (work) (........).......................................................(home) (........)..............................................................
C.D.A.A. CATEGORY: (show date course completed)
CAVERN....................................................SINKHOLE....................................................CAVE.....................................................
PROPERTY:..................................................................................................................................................................("Property")
C.D.A.A. NUMBER:.............................................................PERMIT NUMBER............................................................................
COMMENCEMENT DATE OF THE PERMIT:......................................EXPIRY DATE OF THE PERMIT:..........................
The Minister for Environment and Heritage a body corporate pursuant to the Administrative Arrangements Act, 1994 of 91/97 Grenfell Street, Adelaide ("the Minister") controls the Sinkholes and Caves on the Property in which you wish to dive.
You have requested permission to dive in the Sinkholes and the Caves described above ("Sinkholes and Caves").
The Minister gives you non-exclusive permission to dive in the Sinkholes and the Caves subject to the terms and conditions set out in this permit.
TERMS AND CONDITIONS
1. PERMIT
1.1 You are permitted, on a non-exclusive basis, on the Property for the sole purpose of diving in the Sinkholes and the Caves for the period of the permit specified above.
1.2 You must confirm with the Department of Environment, Heritage and Aboriginal Affairs, Mt Gambier the dive time and date prior to diving.
1.3 You must not enter upon any area other than the Property.
2. TECHNICAL REQUIREMENTS
2.1 You must dive in accordance with the Cave Divers' Association of Australia Inc standards and training.
2.2 You must not carry out decompression dives.
3. GENERAL CONDITIONS
3.1 You must:-
(a) be a current member of the Cave Divers' Association of Australia Incorporated (Registered Nos. A0004842P and 062259956);
(b) be over eighteen;
(c) be of full mental capacity;
(d) be of good physical fitness;
(e) have been trained and tested to satisfy level of competence sufficient to enable you to dive safely in the Sinkholes and the Caves;
(f) be aware of the dangers and characteristics of the Sinkholes and Caves;
(g) be capable of facing and handling the dangers and characteristics of the Sinkholes and the Caves;
(h) be fully aware of the likelihood of silting of waters in the Sinkholes and the Caves, the reduction in visibility and other dangers of deepwater diving including, without limiting the generality of the foregoing, nitrogen narcosis and decompression sickness;
(i) be capable of using hand lines to exit from the Sinkholes and the Caves safely in conditions of low or zero visibility;
(j) have attended adequate training and assessment programs, which have been run by the Cave Divers' Association of Australia Inc. relating to diving in the Sinkholes and the Caves;
(k) not swim in the Sinkholes and the Caves; and
(l) comply with the requirements of the CDAA - SA Landowner Liaison Forum or such other body as the Minister may nominate from time to time relating to diving standards and safety whilst diving in the Sinkholes and the Caves.
3.2 You must:-
(a) not do, cause or permit any public or private nuisance in or upon the Property, the Sinkholes and the Caves;
(b) not do anything which may cause unnecessary annoyance, inconvenience or disturbance to the occupiers or users of the Property or the occupiers or users of land adjacent to the Property;
(c) comply with all statutes, regulations, by-laws, licences, rules or notices applicable to diving in the Sinkholes and the Caves, including without limiting the generality of the foregoing, the provisions of the National Parks and Wildlife Act, 1972 and all regulations thereunder;
(d) keep the Property, the Sinkholes and the Caves clean, neat and tidy;
(e) leave the Property, the Sinkholes and the Caves in such state of repair and condition as you found them;
(f) comply with all reasonable directions and requests provided by the Minister, his agents or servants in relation to use of the Property, the Sinkholes and the Caves;
(g) obtain and keep current during the term of this permit all necessary approvals, licences, permits or consents required for or in connection with diving in the Sinkholes and the Caves;
(h) for the duration of the permit maintain current membership of the Cave Divers' Association of Australia Inc;
(i) comply with the Cave Divers' Association of Australia Incorporated's standards of safety in relation to diving in the Sinkholes and the Caves; and
(j) whilst diving in the Sinkholes and the Caves wear and carry with you all equipment required for this purpose by the Cave Divers' Association of Australia Incorporated and the Minister;
(k) produce this permit to any employee or agent of the Minister on demand; and
(l) provide to the Minister, his servants or agents, on demand, evidence of the currency of your membership of the Cave Divers' Association of Australia Incorporated.
3.3 If you receive any key to assist your access to the Property, and the Sinkholes and the Caves, you must ensure that:-
(a) the key is not copied;
(b) any gate or door which provides access to the Property, and the Sinkholes and the Caves, shall be locked immediately after you pass through it; and
(c) the key provided to you is kept in safe custody and returned to the Minister, his agents or employees.
4. SPECIAL CONDITIONS - PICCANINNIE PONDS
4.1 You must not dive unless you are diving with a minimum of one other diver and a maximum of three; divers (each diver must hold a separate permit).
4.2 If on a supervised first dive, you may dive with a maximum of four other divers with one being the supervising instructor (each diver must hold a separate permit).
4.3 You must not dive deeper than 36.5 metres (120 feet).
4.4 You must only dive in the areas known as The First Pond, The Chasm and The Cathedral.
4.5 You must enter water at the allocated time and you must leave the water before the expiry time.
5. INDEMNITY
5.1 You acknowledge that diving in the Sinkholes and the Caves can be a dangerous activity.
5.2 To the full extent permitted by law, you release and indemnify the Minister, the South Australian Government and its officers, agents and servants from and against all claims, demands, actions, proceedings, judgments, orders, damages, costs, losses and expenses of any nature whatsoever in respect of loss of life, personal injury or disability, loss of or damage to property or any other loss whatsoever arising out of or in connection with access to and from the Property and diving in the Sinkholes and the Caves, expect where such loss of life, injury, disability or loss of or damage to property is caused by any negligent act or omission of the Minister, his agents, servants or contractors.
6. MISCELLANEOUS
6.1 The Minister may terminate this permit at any time during the term of this permit by providing 24 hours prior written notice to you without prejudice to any rights, remedies or actions that the Minister may have against you which may have arisen prior to the date of termination.
6.2 If you fail to comply with any terms contained in this permit, the Minister may terminate this permit forthwith.
6.3 Nothing in this permit shall be construed as granting to you any estate or interest in the Property and the Sinkholes and the Caves and except for the rights confirmed upon you by virtue of this permit, the Sinkholes and the Caves remain in the possession of and under the control of the Minister.
6.4 You must not, without the prior written consent of the Minister, assign or subcontract or transfer your rights or obligations pursuant to the permit.
6.5 The terms and conditions of this permit shall be governed by and construed in accordance with the laws of South Australia and any dispute which may arise between the parties shall be determined by the Courts of or having jurisdiction in South Australia.
I acknowledge that I received this permit before entering upon the Property, the Sinkholes and the Caves and I agree that I am bound by and I shall comply with the terms and conditions set out herein.
SIGNED by ......................................................................
Name.................................................................................
in the presence of: ................................................Witness
Name...............................................................................
Address............................................................................
Occupation......................................................................
Date.................