New South Wales Consolidated Acts

SWIMMING POOLS ACT 1992 - SECT 22

22 Local authority may grant exemptions from barrier requirements that are impracticable or unreasonable in particular cases

(1) The local authority may, on application made by the owner of any premises in or on which a swimming pool is situated, or proposed to be constructed or installed, exempt the swimming pool from all or any of the requirements of this Part if it is satisfied, in the particular circumstances of the case:

(a) that it is impracticable or unreasonable (because of the physical nature of the premises, because of the design or construction of the swimming pool or because of special circumstances of a kind recognised by the regulations as justifying the granting of an exemption) for the swimming pool to comply with those requirements, or

(b) that alternative provision, no less effective than those requirements, exists for restricting access to the swimming pool.

(2) An exemption may be granted unconditionally or subject to such conditions as the local authority considers appropriate to ensure that effective provision is made for restricting access to the swimming pool concerned or the water contained in it.

(3) A person is not guilty of an offence under this Part:

(a) if the swimming pool concerned is the subject of an exemption under this section, and

(b) if the conditions (if any) to which the exemption is subject are being complied with.

(4) For the purposes only of any appeal proceedings arising in connection with an application under this section, the local authority is taken to have refused the application if it has not finally determined the application within 6 weeks after the application was made.