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Building Act 2004
83EVariation of Ministerial exemption
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83E Variation of Ministerial exemption
(1) This section applies to a regulated swimming pool to which a
Ministerial exemption applies.
(2) 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.
(3) On application, the Minister may vary the exemption if the
(a) has considered any reasons provided by the applicant in the
(b) is satisfied it is appropriate to vary the exemption.
(4) Also, the Minister may vary an exemption on the Minister’s own
initiative if the Minister—
(a) has given an owner of premises on which the pool is located
written notice that—
(i) states how the Minister proposes to vary the exemption;
and
(ii) states the reason the Minister proposes to vary the
exemption; and
(iii) 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
(b) has considered any response given in accordance with
paragraph (a) (iii); and
(c) is satisfied that it is appropriate to vary the exemption.
(5) A variation of the exemption takes effect—
(a) 90 days after the day notice is given to the owner; or
(b) if another day is stated in the notice—on the stated day.