Building Act 2004

This section applies to a regulated swimming pool to which a Ministerial exemption applies.

The owner of premises on which the regulated swimming pool is located (the applicant) may apply, in writing, to the Minister to vary a condition that applies to the exemption.

On application, the Minister may vary the exemption if the Minister—

has considered any reasons provided by the applicant in the application; and

is satisfied it is appropriate to vary the exemption.

Also, the Minister may vary an exemption on the Minister’s own initiative if the Minister—

has given an owner of premises on which the pool is located written notice that—

states how the Minister proposes to vary the exemption; and

states the reason the Minister proposes to vary the exemption; and

tells the owner that a written response may be given to the Minister about the matters stated in the notice not later than 28 days after the owner receives the notice; and

has considered any response given in accordance with paragraph (a) (iii); and

is satisfied that it is appropriate to vary the exemption.

A variation of the exemption takes effect—

90 days after the day notice is given to the owner; or

if another day is stated in the notice—on the stated day.