Building Act 2004

The owner of premises on which a regulated swimming pool is located (the applicant) may apply in writing to the Minister for the pool to be exempt from all or part of the safety standards.

On application, the Minister may grant an exemption only if a circumstance prescribed by regulation applies to the regulated swimming pool.

Note 1 The Minister may make guidelines for granting exemptions (see s 83G).

Note 2 A Minister may delegate the Minister’s functions under an Act or statutory instrument to anyone else (see Legislation Act, s 254A).

An exemption may be subject to conditions the Minister considers appropriate.

The Minister may ask the applicant for further information the Minister reasonably needs to consider the application.

In exercising the Minister’s functions under this section, the Minister may—

seek advice from an entity the Minister considers suitable to give advice about a matter relevant to the exercise of the functions; and

consider any other relevant information.

If the Minister grants an exemption, the Minister must issue a certificate (an exemption certificate) to the owner that states—

the extent to which the regulated swimming pool is exempt from the safety standards; and

the grounds for the exemption; and

any condition on the exemption and the reason for the condition; and

the date of issue of the certificate; and

it is an offence for the owner to fail to notify the Minister of a change of circumstances that affects a ground on which the exemption was granted; and

anything else prescribed by regulation.

An exemption certificate for a regulated swimming pool is in force for the period stated in the exemption certificate which must be not longer than 5 years.