New South Wales Consolidated Acts

SWIMMING POOLS ACT 1992

- As at 20 August 2024 
- Act 49 of 1992 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     Local authority for Western Division
   4.      Swimming pools to which Act applies
   5.      General duties of local authorities regarding swimming pools

   PART 2 - ACCESS TO SWIMMING POOLS

           Division 1 - Outdoor swimming pools for dwelling-houses etc

   6.      To which swimming pools does this Division apply?
   7.      General requirements for outdoor swimming pools
   8.      Exemption for swimming pools constructed before August 1990 and existing swimming pools on small properties
   9.      Exemption for swimming pools on large properties
   10.     Exemption for swimming pools on waterfront properties

           Division 2 - Outdoor swimming pools for moveable dwellings and tourist and visitor accommodation

   11.     Swimming pools to which Division applies
   12.     General requirements for outdoor swimming pools
   13.     Exemptions for existing swimming pools

           Division 3 - Indoor swimming pools

   14.     General requirements for indoor swimming pools

           Division 4 - Additional requirements for swimming pools

   15.     Child-resistant barrier must be in good repair
   16.     Access to swimming pools must be kept securely closed
   17.     Warning notices must be erected near swimming pools
   18.     Owner may decide where required child-resistant barrier is to be located
   19.     House wall may be used as part of required child-resistant barrier
   20.     Exemption for spa pools
   21.     Multiple swimming pools in close proximity
   22.     Local authority may grant exemptions from barrier requirements that are impracticable or unreasonable in particular cases

           Division 5 - Inspections and compliance with Part

   22A.    Definition
   22B.    Mandatory pool inspection program by local authority
   22C.    Other inspections at request of owner
   22D.    Certificates of compliance
   22E.    Notices by registered certifier if pool does not comply
   22F.    Inspections carried out by local authority
   22G.    Local authorities that are not councils
   23.     Local authority may order compliance with Part
   23A.    Compliance with direction of local authority
   24.     (Repealed)

           Division 6 - Defences and appeals

   25.     Defences to offences under Part
   26.     Appeals against decisions of local authority

   PART 3 - ENFORCEMENT

   27.     Authorised officers may be appointed
   27A.    Grounds for entering premises
   27B.    Powers of entry and search warrants--local council
   28.     Power of entry--local authority other than local council
   29.     Search warrants--local authority other than local council
   29A.    Investigation of complaint
   30.     Land and Environment Court may order compliance

   PART 3A - REGISTRATION OF SWIMMING POOLS

   30A.    The Register of Swimming Pools
   30B.    Registration of swimming pools
   30C.    Evidence of registration
   30D.    Secretary may enter into agreements for purposes of Part
   30E.    Access to Register

   PART 4 - MISCELLANEOUS

   31.     (Repealed)
   32.     Relationship with other Acts
   33.     How are the expenses of constructing dividing fences to be apportioned?
   34.     Service of documents
   35.     Penalty notices
   36.     How are proceedings for offences to be dealt with?
   37.     Liability
   38.     Regulations
           39-41. (Repealed)
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3