New South Wales Consolidated Acts

SWIMMING POOLS ACT 1992 - SECT 3

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) the Western Division within the meaning of the Crown Lands Act 1989 , 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.

"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 the Western Division within the meaning of the Crown Lands Act 1989 -the Western Lands Commissioner, 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.
"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, a hotel or a motel, 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.

"spa pool" includes any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
"swimming pool" means an excavation, structure or vessel:

(a) that is capable of being filled with water to a depth of 300 millimetres or more, 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.

(2) Diagrams included in Schedule 1 form part of this Act.

(3) Notes included in this Act do not form part of this Act.