Tim, perhaps regrettably, the resort owners you have consulted do not sit in judgement in court. That is the job of the magistrate. His job is to read the law AS WRITTEN and determine whether the miserable wretches in chains before him have, or have not obeyed it. He cannot change or modify the law, only administer it. It is for politicians to make and amend the law. So when resort owners tell you no licence is required by passengers ask them what law they read that in.For sure it was not Statutary Instrument 115 of September 14th 2009. The fact they have been operating for fifteen or twenty years is with respect not relevant. The law we are talking about is 5 months old so knowledge of it over 20 years is clearly mistaken.
You're right about it being a young country, but I trust that isn't an apology for making unworkable laws.
I will of course follow this up, but even one American fisherman down here on holiday getting arrested is one too many. Think of the bad publicity, and the law suite which could follow on one of your resort owning friends. "Duty of care" the lawyers call it I believe!