6B—Aboveground and inflatable pools
(1) Any work or
activity involving the construction of an aboveground or inflatable swimming
pool which is capable of being filled to a depth exceeding 300 millimetres is
prescribed under paragraph (c) of the definition of "building work" in section
4(1) of the Act.
subregulation (1) does not apply if—
the swimming pool is being placed where, or approximately
where, the pool, or another pool capable of being filled to a depth exceeding
300 millimetres, has been previously located within the last 2 years; and
the placing of the pool, or another pool, at that
location (or approximately that location)—
(A) has been previously granted development
approval under the Act, other than where any safety features required on
account of that approval have been removed; or
(B) occurred before 1 January 2004, other
than where the pool that was previously so located did not incorporate a
filtration system; and
subregulation (1) applies subject to any exclusions from the
ambit of the definition of "development" under Schedule 3 or Schedule 3A.
(3) In this
"swimming pool" includes—
paddling pool; and
spa pool (but not a spa bath).