(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.
"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
(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
Customer Service, or
(b) if there is no person employed as Commissioner for
Fair Trading--the Secretary of the Department of Customer Service.
"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 StandardInstrument (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.