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Contents (1992 - 49)
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Swimming Pools Act 1992 No 49
Current version for 31 October 2018 to date (accessed 27 June 2019 at 02:05)
Part 1
Part 1 Preliminary
1   Name of Act
This Act may be cited as the Swimming Pools Act 1992.
2   Commencement
This Act commences on 1 August 1992 or on such earlier day as may be appointed by proclamation.
3   Definitions
(1)  In this Act:
area means:
(a)  the area of a council within the meaning of the Local Government Act 1993, or
(b)  an area within the Western Division that is not within the area of a council within the meaning of the Local Government Act 1993, or
(c)  Lord Howe Island.
authorised officer means an authorised officer appointed under section 27.
barrier means a fence or a wall, and includes:
(a)  any gate or door set in the fence or wall, and
(b)  any other structure or thing declared by the regulations to be a barrier for the purposes of this Act.
certificate of compliance means a certificate issued under section 22D.
council means the council of an area within the meaning of the Local Government Act 1993.
dividing fence has the same meaning as it has in the Dividing Fences Act 1991.
exercise a function includes perform a duty.
function includes a power, authority and duty.
local authority means:
(a)  in relation to premises that are situated within an area within the meaning of the Local Government Act 1993—the council of that area, or
(b)  in relation to premises that are situated within an area within the Western Division that is not within the area of a council within the meaning of the Local Government Act 1993—the person appointed under section 3A, or
(c)  in relation to premises situated on Lord Howe Island—the Lord Howe Island Board.
moveable dwelling has the same meaning as it has in the Local Government Act 1993.
occupier of premises includes any person who is for the time being in charge of the premises and, if there are 2 or more occupiers of the premises, includes any one of the occupiers.
owner of premises has the same meaning as “owner” has in relation to land in the Local Government Act 1993 and, if there are 2 or more owners of the premises, includes any one of the owners.
public authority means a public authority constituted by or under an Act, a local authority, a Government Department or a statutory body representing the Crown.
Register means the Register of Swimming Pools under section 30A.
relevant occupation certificate in respect of a swimming pool means an occupation certificate issued under the Environmental Planning and Assessment Act 1979 that is less than 3 years old and that authorises the use of the swimming pool.
residential building means a building (such as a dwelling-house, residential flat building or boarding-house) that is solely or principally used for residential purposes, and includes any structure (such as a garage or shed) that is ancillary to any such building, but does not include:
(a)  a building that merely forms part of a complex of buildings (such as a school or recreational centre) that is principally used for non-residential purposes, or
(b)  a moveable dwelling, or
(b1)  tourist and visitor accommodation, or
(c)  a shed that is ancillary to a swimming pool and the primary purpose of which is to store equipment that is used in connection with the swimming pool (but not a shed of a kind prescribed by the regulations), or
(d)  a building or structure of a kind prescribed by the regulations.
Secretary means:
(a)  the Commissioner for Fair Trading, Department of Finance, Services and Innovation, or
(b)  if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Finance, Services and Innovation.
spa pool includes any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
Standard Instrument means the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
swimming pool means an excavation, structure or vessel:
(a)  that is capable of being filled with water to a depth greater than 300 millimetres, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations not to be a swimming pool for the purposes of this Act.
tourist and visitor accommodation has the same meaning as in the Standard Instrument.
Western Division means that part of the State that is the Western Division within the meaning of the Crown Land Management Act 2016.
(1A)  For the avoidance of doubt, a swimming pool is situated on premises on which another building is located if the swimming pool is ancillary to that other building, regardless of whether the swimming pool is on a separate lot, such as on common property under a strata scheme.
(2)  Diagrams included in Schedule 1 form part of this Act.
(3)  Notes included in this Act do not form part of this Act.
3A   Local authority for Western Division
(1)  The Minister may appoint a person to be the local authority for the purposes of this Act for land within the Western Division that is not the area of a council.
(2)  The Minister may revoke an appointment under this section at any time or for any reason.
(3)  A person appointed under this section (except a person who is an employee of a government sector agency within the meaning of the Government Sector Employment Act 2013) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person.
4   Swimming pools to which Act applies
This Act applies to swimming pools (both outdoor and indoor) that are situated, or proposed to be constructed or installed, on premises on which a residential building, a moveable dwelling or tourist and visitor accommodation is located, but does not apply to swimming pools that are situated, or proposed to be constructed or installed, on any premises occupied by the Crown or by a public authority.
5   General duties of local authorities regarding swimming pools
Each local authority is required:
(a)  to take such steps as are appropriate to ensure that it is notified of the existence of all swimming pools to which this Act applies that are within its area, and
(b)  to promote awareness within its area of the requirements of this Act in relation to swimming pools, and
(c)  to investigate complaints about breaches of this Act in accordance with section 29A.