New South Wales Repealed Regulations

This legislation has been repealed.

SWIMMING POOLS REGULATION 1998 - REG 12

12 Other exemptions: sec 22

(1) A local authority may impose a fee of up to $50 on an application for an exemption under section 22 of the Act.

(2) An application made to a local authority under section 22 of the Act is to be in the form approved by that authority.

(3) The form must contain a statement to the effect that:

(a) the applicant is entitled to appeal to the Land and Environment Court against the local authority's refusal of the application, and

(b) the local authority's failure to determine the application within 6 weeks after it is made is taken, for the purposes of any such appeal, to be a refusal of the application.

(4) A local authority:

(a) that refuses to grant an exemption under section 22 of the Act in respect of a swimming pool, or

(b) that imposes conditions on an exemption under section 22 of the Act in respect of a swimming pool,

must cause notice of the decision to be served on the owner of the premises in or on which the swimming pool is situated.

(5) Such a notice:

(a) must give reasons for the decision, and

(b) must state that the owner of the premises is entitled to appeal to the Land and Environment Court from the decision.

(6) For the purposes of section 22 (1) (a) of the Act, the fact that an adult occupier of the premises in or on which a swimming pool is situated would (because of a physical disability or impairment of the occupier) be significantly impeded in gaining access to the swimming pool if the requirements of Part 2 of the Act were complied with is a special circumstance that justifies the granting of an exemption from those requirements.