New South Wales Consolidated Acts

SWIMMING POOLS ACT 1992 - SECT 26

26 Appeals against decisions of local authority

(1) An appeal lies to the Land and Environment Court against the following decisions of a local authority--

(a) a decision to refuse to grant an exemption under section 22 in accordance with the terms of the relevant application,

(b) a decision to impose a condition on an exemption under section 22,

(c) a decision to refuse to grant a certificate of compliance under section 22D,

(d) a decision to give a direction under section 23.

(2) Such an appeal must be made within 28 days after the date on which the decision was made or is taken to have been made.

(3) A local authority is taken to have refused to issue a certificate of compliance in relation to a swimming pool if the local authority has failed to issue either a certificate of compliance or a direction under section 23 in respect of the swimming pool, within 6 weeks (or such other period as may be prescribed by the regulations) after--

(a) an inspection of the swimming pool is carried out under section 22B, or

(b) a written request is made under section 22C to the local authority that stated that the inspection was required to enable the sale or lease of the premises or part of the premises on which the swimming pool is situated.