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Contents (2008 - 399)
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Swimming Pools Regulation 2008
Repealed version for 29 June 2018 to 31 August 2018 (accessed 26 June 2019 at 03:55)
Part 4
Part 4 Exemptions from barrier requirements granted by local authorities
12   Application for exemption
(1)  An application made to a local authority under section 22 of the Act is to be in the form approved by that authority.
(2)  That form must contain statements to the effect that:
(a)  if the local authority fails to finally determine the application within 6 weeks after it is made, then the local authority is taken, for the purposes of any appeal proceedings, to have refused the application, and
(b)  if the local authority refuses the application for an exemption, or is taken to have refused the application, or imposes a condition on an exemption, the owner of the premises on which the relevant swimming pool is situated is entitled to appeal to the Land and Environment Court against the local authority’s refusal or against the condition.
13   Fee for application for exemption
(1)  A local authority may impose a fee of up to $70 on an application for an exemption under section 22 of the Act.
(2)  An application made to a local authority that has imposed a fee must be accompanied by that fee.
14   Circumstances that justify an exemption
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.
15   Notice concerning certain decisions on exemptions
(1)  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.
(2)  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.